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An IP lawyer just broke down the new OGL draft (v1.2)
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<blockquote data-quote="mamba" data-source="post: 8909715" data-attributes="member: 7034611"><p>Mike Shae (SlyFlourish) has some thoughts too:</p><p></p><p><strong>Don't attempt to "deauthorize" the OGL 1.0a</strong>. The best way to begin to repair the D&D brand is to not attempt to "deauthorize" the OGL 1.0a. It's not even clear it's legal to do so </p><p></p><p><strong>Release lists of the names of species, spells, magic items, and monsters in the 5.1 SRD under a Creative Commons CC BY 4.0 license</strong>. Include the <strong>lists of names</strong> of species, monsters, magic items, and spells. This is very likely material we could use anyway under copyright law but it helps if we know that WOTC agreed. </p><p></p><p><strong>Use independent third party arbitration for hateful content.</strong> There's no way WOTC should have the sole right to decide what is hateful content. </p><p></p><p><strong>Add "Royalty Free".</strong> The current draft OGL 1.2 does not describe itself as a "royalty free" license</p><p></p><p><strong>Make it Truly Irrevocable</strong>. As written, the OGL 1.2 redefines irrevocable to mean that the license can't be revoked when applied to a product but not that the license <em>itself</em> can't be revoked. This license, on its own and applied to their system resource documents, should be irrevocable. This is the whole reason we're in this problem to begin with.</p><p></p><p><strong>Rewrite the termination clause.</strong> As written, the termination clause in the OGL 1.2 is far too wide. Who determines if a licensee has infringed on WOTC's intellectual property? How is that arbitrated?</p><p></p><p><strong>Rewrite the severability clause.</strong> As written, the severability clause in 9(d) almost certainly gives WOTC the ability to invalidate the license. Given that WOTC intends to attempt to deauthorize the OGL 1.0a on a technicality, I have no faith WOTC won't try it again here. </p><p></p><p>Section 3(a) - Strike language prohibiting creators from seeking injunctive relief.</p><p></p><p>Section 6(e) - Strike or rewrite to account for international laws. A creator in the US can't be expected to abide by laws in other countries and vice versa.</p><p></p><p>Section 7(b)(ii) - Expand time to cure to 180 days and better define what actions are sufficient to cure a breach.</p></blockquote><p></p>
[QUOTE="mamba, post: 8909715, member: 7034611"] Mike Shae (SlyFlourish) has some thoughts too: [B]Don't attempt to "deauthorize" the OGL 1.0a[/B]. The best way to begin to repair the D&D brand is to not attempt to "deauthorize" the OGL 1.0a. It's not even clear it's legal to do so [B]Release lists of the names of species, spells, magic items, and monsters in the 5.1 SRD under a Creative Commons CC BY 4.0 license[/B]. Include the [B]lists of names[/B] of species, monsters, magic items, and spells. This is very likely material we could use anyway under copyright law but it helps if we know that WOTC agreed. [B]Use independent third party arbitration for hateful content.[/B] There's no way WOTC should have the sole right to decide what is hateful content. [B]Add "Royalty Free".[/B] The current draft OGL 1.2 does not describe itself as a "royalty free" license [B]Make it Truly Irrevocable[/B]. As written, the OGL 1.2 redefines irrevocable to mean that the license can't be revoked when applied to a product but not that the license [I]itself[/I] can't be revoked. This license, on its own and applied to their system resource documents, should be irrevocable. This is the whole reason we're in this problem to begin with. [B]Rewrite the termination clause.[/B] As written, the termination clause in the OGL 1.2 is far too wide. Who determines if a licensee has infringed on WOTC's intellectual property? How is that arbitrated? [B]Rewrite the severability clause.[/B] As written, the severability clause in 9(d) almost certainly gives WOTC the ability to invalidate the license. Given that WOTC intends to attempt to deauthorize the OGL 1.0a on a technicality, I have no faith WOTC won't try it again here. Section 3(a) - Strike language prohibiting creators from seeking injunctive relief. Section 6(e) - Strike or rewrite to account for international laws. A creator in the US can't be expected to abide by laws in other countries and vice versa. Section 7(b)(ii) - Expand time to cure to 180 days and better define what actions are sufficient to cure a breach. [/QUOTE]
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An IP lawyer just broke down the new OGL draft (v1.2)
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