Just because something can happen, doesn't mean it will happen right away.
Plus, 5E sticks a lot closer to the 3.5 SRD than 4E did. In 5E, you could very nearly use 3E monsters as written. In fact... I'm not positive, but I think you could use a lot of 3E monsters as written.
Somebody may have asserted it would happen "mere months" after release, but that somebody certainly was not me. Aside from folks who already have agreements in place with Wizards (e.g., Kobold Press), no 3PP is going to be producing 5E material mere months after 5E's release, not even if the Basic Set comes with a full-fledged OGL. It takes longer than that just to get the stuff written, tested, and printed.Same argument holds for 5e, though. Technically, it can be done. That means nothing.
The point is: the same logical drivers so far posited for a 5e clone applied for a 4e clone. But, the 4e clone did not appear. Ergo, a 5e clone is also not somehow guaranteed to appear mere months after 5e's release, as was asserted would happen.
Yes, that's oft-stated now. It completely ignores classed characters/NPCs. So, if your adventure or product only contains monsters, you can take a stab at it, sure. Have fun with that.
Oh, one other thing worth noting: This book right here?
View attachment 61937
That book was not released under the GSL. Now look at what it says down at the bottom. And Kenzer & Co. is hardly some fly-by-night outfit.
Oh, one other thing worth noting: This book right here?
View attachment 61937
That book was not released under the GSL. Now look at what it says down at the bottom. And Kenzer & Co. is hardly some fly-by-night outfit.
Y'know, I missed this back in '08, but it's actually a really good example of folks skirting that legal line. Apparently David S. Kenzer knows a thing or two about IP law.
TIL about Nominative Use!
Kenzer's a weird situation. They had an official D&D license for Kalamar up until 2007 - logo, branding, everything, as part of the settlement of a lawsuit regarding the Dragon Magazine Archive instituted by David Kenzer. After that they stopped putting the D&D logo on the products, but we don't really know the exact terms of the settlement. There's a more than zero chance they're perfectly entitled to continue using that phrase.
(sawrs)David S Kenzer said:Correct, we no longer have an agreement with Wizards. Why? Is there some "magic" restriction in IP law that restricts people from making new creative material that doesn't use any TMs, patents or copyrights of another company?
Actually, that raises an interesting point. After 5E is released, there will remain a substantial number of hardcore 4E fans who don't want to make the switch. I could well imagine that some of them will try using the OGL to "pull a Pathfinder" and continue 4E in a new incarnation. (Though I suspect the end result would be more OSRIC than Pathfinder.) It'll be interesting to see.