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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="pemerton" data-source="post: 7789283" data-attributes="member: 42582"><p>The consideration given is the promise to WotC (or subsequent licensor) make an offer to the rest of the world, on a standing basis, to enter into an OGL-terms agreement with them for the use of the OGC that you have published. I'll defer to [USER=463]@S'mon[/USER]'s judgement if it contradicts mine, but to my mind that is good consideration.</p><p></p><p>Whether that makes the licence truly perpetual I'm not sure - for instance, some of the rights that are purportedly licensed (eg some IP rights) lapse pursuant to statutory rules; and in other areas the common law eschews perpetuities. Again this is a topic on which I would defer to [USER=463]@S'mon[/USER]'s judgement.</p><p></p><p>But I think it is important in these discussions (and I believe that you [USER=1]@Morrus[/USER] are well aware of this) to distinguish between <em> a licence that obtains between WotC (or other publisher) and a particular licensee</em> and <em>a standing offer to enter into such a licence</em>. The latter is not perpetual and can be retracted by WotC if it changes its mind (given that it is a unilateral and not a contractual promise). But often when people talk about the SRD being released under the OGL they don't distinguish between those two things.</p><p></p><p>(The distinction is drawn in clause 4 of the OGL that you quoted.)</p></blockquote><p></p>
[QUOTE="pemerton, post: 7789283, member: 42582"] The consideration given is the promise to WotC (or subsequent licensor) make an offer to the rest of the world, on a standing basis, to enter into an OGL-terms agreement with them for the use of the OGC that you have published. I'll defer to [USER=463]@S'mon[/USER]'s judgement if it contradicts mine, but to my mind that is good consideration. Whether that makes the licence truly perpetual I'm not sure - for instance, some of the rights that are purportedly licensed (eg some IP rights) lapse pursuant to statutory rules; and in other areas the common law eschews perpetuities. Again this is a topic on which I would defer to [USER=463]@S'mon[/USER]'s judgement. But I think it is important in these discussions (and I believe that you [USER=1]@Morrus[/USER] are well aware of this) to distinguish between [I] a licence that obtains between WotC (or other publisher) and a particular licensee[/I] and [I]a standing offer to enter into such a licence[/I]. The latter is not perpetual and can be retracted by WotC if it changes its mind (given that it is a unilateral and not a contractual promise). But often when people talk about the SRD being released under the OGL they don't distinguish between those two things. (The distinction is drawn in clause 4 of the OGL that you quoted.) [/QUOTE]
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