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<blockquote data-quote="pemerton" data-source="post: 4318250" data-attributes="member: 42582"><p>This could be summarised: a GSL conversion of an OGL product will reproduce the fluff (which may or may not have been OGC) and will replace the old mechanics (which may or may not have been OGC, but probably were to a large extent) with new mechanics which are stated using References from the new SRD.</p><p></p><p>Unless I missed it, the licence does not define any such concept. What we have is text the copyright of which belongs (principally if not entirely) to the publisher, but which incorporates 4e References licensed under the GSL.</p><p></p><p></p><p>Well, there are two issues here.</p><p></p><p>Any attempt to reproduce the content of a publication licensed under the GSL as a publication licensed under the OGL would be a violation of the GSL. But the issue I was considering was whether it would also be a violation of clause 5 of the OGL. And that clause only requires one to have authority to contribute the OGC in the publication. So, provided that everything appearing in the OGL version that had also appeared in the GSL version was not OGC, clause 5 would not come into play.</p><p></p><p>(I should add - I am assuming here what seems to me to be an overly wide reading of Clause 5. I do not think that clause 5 requires me to not be under contractual obligation not to contribute the OGC in question. I think that it only requires me to have sufficient rights in the OGC in question that, in purporting to contribute it, I am not infringing anyone else's property rights. But perhaps I am reading clause 5 too narrowly.)</p><p></p><p>That is because the OGL does not preclude use of that OGC. And the Licensee would also enjoy the benefit of that non-preclusion - that is, a backwards conversion is forbidden by the GSL but (provided the OGC declaration is done properly) does not appear to be forbidden by clause 5 of the OGL.</p><p></p><p>Again these prohibitions arise under the GSL. As far as the OGL is concerned, what seems to matter (given clause 5) is proper declaration of OGC.</p><p></p><p>I am a lawyer, but an academic one, who does not teach contract and who does not have a practice certificate. So none of the above is legal advice - just an attempt to work out the implications of each licence.</p><p></p><p>Nor am I encouraging anyone to backwards convert in violation of obligations under the GSL - I'm just trying to understand the legal implications of doing so.</p></blockquote><p></p>
[QUOTE="pemerton, post: 4318250, member: 42582"] This could be summarised: a GSL conversion of an OGL product will reproduce the fluff (which may or may not have been OGC) and will replace the old mechanics (which may or may not have been OGC, but probably were to a large extent) with new mechanics which are stated using References from the new SRD. Unless I missed it, the licence does not define any such concept. What we have is text the copyright of which belongs (principally if not entirely) to the publisher, but which incorporates 4e References licensed under the GSL. Well, there are two issues here. Any attempt to reproduce the content of a publication licensed under the GSL as a publication licensed under the OGL would be a violation of the GSL. But the issue I was considering was whether it would also be a violation of clause 5 of the OGL. And that clause only requires one to have authority to contribute the OGC in the publication. So, provided that everything appearing in the OGL version that had also appeared in the GSL version was not OGC, clause 5 would not come into play. (I should add - I am assuming here what seems to me to be an overly wide reading of Clause 5. I do not think that clause 5 requires me to not be under contractual obligation not to contribute the OGC in question. I think that it only requires me to have sufficient rights in the OGC in question that, in purporting to contribute it, I am not infringing anyone else's property rights. But perhaps I am reading clause 5 too narrowly.) That is because the OGL does not preclude use of that OGC. And the Licensee would also enjoy the benefit of that non-preclusion - that is, a backwards conversion is forbidden by the GSL but (provided the OGC declaration is done properly) does not appear to be forbidden by clause 5 of the OGL. Again these prohibitions arise under the GSL. As far as the OGL is concerned, what seems to matter (given clause 5) is proper declaration of OGC. I am a lawyer, but an academic one, who does not teach contract and who does not have a practice certificate. So none of the above is legal advice - just an attempt to work out the implications of each licence. Nor am I encouraging anyone to backwards convert in violation of obligations under the GSL - I'm just trying to understand the legal implications of doing so. [/QUOTE]
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