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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="pemerton" data-source="post: 7789000" data-attributes="member: 42582"><p>This is not corrrect in my view. WotC can withdraw their offer at any time given that no one has paid them to make the offer. At that point anyone who wants a licence from WotC would need to negotiate with them.</p><p></p><p>What you may be referring to is the fact that every person who has entered into the OGL with WotC has promised to offer a licence to others on the same terms in respect of the Open Game Content pubished by pursuant to the licence. This includes (by way of contractual definition) any work - such as the SRD - covered by the OGL. So while WotC can withdraw its offer, anyone else who published the SRD pursuant to the OGL is contractually obliged to offer to others the right to publish that material under the OGL.</p><p></p><p>(Note that WotC is not similalry obliged because, as far as I know, it has never published any works relying on the OGL for the authority to do so.)</p><p></p><p>By now it would be quite tricky, I think, to identify the web of OGL contractual obligations and hence to determine who might have what contractual rights in relation to the making of those offers.</p><p></p><p>How anyone might go about revoking those further offers is another question I'll leave to [USER=463]@S'mon[/USER] - I have intuitive doubts about the vIability of a perpetual contractual obligation to maintain a standing offer to the whole world, but my intuitions may be wrong.</p></blockquote><p></p>
[QUOTE="pemerton, post: 7789000, member: 42582"] This is not corrrect in my view. WotC can withdraw their offer at any time given that no one has paid them to make the offer. At that point anyone who wants a licence from WotC would need to negotiate with them. What you may be referring to is the fact that every person who has entered into the OGL with WotC has promised to offer a licence to others on the same terms in respect of the Open Game Content pubished by pursuant to the licence. This includes (by way of contractual definition) any work - such as the SRD - covered by the OGL. So while WotC can withdraw its offer, anyone else who published the SRD pursuant to the OGL is contractually obliged to offer to others the right to publish that material under the OGL. (Note that WotC is not similalry obliged because, as far as I know, it has never published any works relying on the OGL for the authority to do so.) By now it would be quite tricky, I think, to identify the web of OGL contractual obligations and hence to determine who might have what contractual rights in relation to the making of those offers. How anyone might go about revoking those further offers is another question I'll leave to [USER=463]@S'mon[/USER] - I have intuitive doubts about the vIability of a perpetual contractual obligation to maintain a standing offer to the whole world, but my intuitions may be wrong. [/QUOTE]
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