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Publishing Business & Licensing
An IP lawyer just broke down the new OGL draft (v1.2)
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<blockquote data-quote="Ashtagon" data-source="post: 8911254" data-attributes="member: 72335"><p>Regarding the Creative Commons bit...</p><p></p><p></p><p>I can't place the concept of "wolf" into creative commons because it's literally thousands of years old (at least in so far as a traceable language etymology exists), and therefore public domain. A similar issue exists with much of the other content that WotC has assigned to CC. No one needs to give any particular legal credit to public domain material, <strong><em>but you do have to acknowledge use of creative commons material</em></strong>.</p><p></p><p>In order to assign something to a Creative Commons licence, doesn't it have to be yours in the first place? Otherwise, it gives companies freedom to enclose the commons by forcing others to include licence notices for things that previously didn't need licences.</p><p></p><p>Edit: Additional question: If a 3PP does use pubic domain content that WC has assigned to CC, without including a CC licence notice, does that enable WC to take that 3PP to court for breach of their "copyright"? It might be a spurious lawsuit (the purpose of which would be to make it financially unviable for the 3PP to continue publishing, rather than to actually win the law case), but it seems to me the theoretical grounds are there for it if we as a community accept it as being CC and not public domain.</p></blockquote><p></p>
[QUOTE="Ashtagon, post: 8911254, member: 72335"] Regarding the Creative Commons bit... I can't place the concept of "wolf" into creative commons because it's literally thousands of years old (at least in so far as a traceable language etymology exists), and therefore public domain. A similar issue exists with much of the other content that WotC has assigned to CC. No one needs to give any particular legal credit to public domain material, [B][I]but you do have to acknowledge use of creative commons material[/I][/B]. In order to assign something to a Creative Commons licence, doesn't it have to be yours in the first place? Otherwise, it gives companies freedom to enclose the commons by forcing others to include licence notices for things that previously didn't need licences. Edit: Additional question: If a 3PP does use pubic domain content that WC has assigned to CC, without including a CC licence notice, does that enable WC to take that 3PP to court for breach of their "copyright"? It might be a spurious lawsuit (the purpose of which would be to make it financially unviable for the 3PP to continue publishing, rather than to actually win the law case), but it seems to me the theoretical grounds are there for it if we as a community accept it as being CC and not public domain. [/QUOTE]
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An IP lawyer just broke down the new OGL draft (v1.2)
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