Gavin Norman on the future of OSE


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GreyLord

Legend
And all WotC has to do is show up with a copy of the book that had the OGL in and a copy without. Unless the rules are substantially different, then WotC will likely win by default.

I would probably argue at that point that WotC had violated the trust and understanding of the agreement and thus had negated the contract. In that case, ANYTHING that WotC has taken from others because of the OGL would ALSO be cause to sue WotC in return. If the book is based on WotC IP than...sure...WotC has a case and perhaps more easily win. If it actually doesn't contain WotC IP or other items from WotC...

It would get VERY messy very quickly with a good lawyer I imagine.

Which is why I've been saying, I do NOT think this is focused on 3e players and those that worked on such things or still work on them. It is to prevent people who thought they could use the OGL 1.0a to give them full access to any new SRD's that WotC brings forth.

I don't think the intent is to go after those making material from 3e, especially as it could probably be easily demonstrated that they have incorporated some of the items placed under the OGL in later versions of D&D itself.

(Though, as I've said before, I could be absolutely wrong on this, we will just see how it pans out).
 

kronovan

Adventurer
I'm not schooled enough in contract law to effectively contribute. Regarding this case though, I've been told by people who know contract law, that WotC will likely fail on revoking the OGL 1.0 due to the legal concept of "contra proferentem." What it means is that the onus is on the worder/writer of the contract to defend the terms and intent of the original agreement. So WotC is now saying irrevocable wasn't in the OGL 1.0, but the onus will be on them to prove that the intent was that it could at some point in the future be revoked. Apparently because the OGL 1.0 has been in used for more than 2 decades, will weaken their case. And that an ex-VP is on record as claiming the intent of OGL 1.0 was to be irrevocable, won't bode well for them.

I personally remain skeptical, because these days legal positions that didn't seem defendable are being won and vice versa . But those folks I know who know contracts, say the law is tight and they're very doubtful a company could successfully defend the arbitrary revocation of an agreement like this.
 

overgeeked

B/X Known World
I'm not schooled enough in contract law to effectively contribute. Regarding this case though, I've been told by people who know contract law, that WotC will likely fail on revoking the OGL 1.0 due to the legal concept of "contra proferentem." What it means is that the onus is on the worder/writer of the contract to defend the terms and intent of the original agreement. So WotC is now saying irrevocable wasn't in the OGL 1.0, but the onus will be on them to prove that the intent was that it could at some point in the future be revoked. Apparently because the OGL 1.0 has been in used for more than 2 decades, will weaken their case. And that an ex-VP is on record as claiming the intent of OGL 1.0 was to be irrevocable, won't bode well for them.

I personally remain skeptical, because these days legal positions that didn't seem defendable are being won and vice versa . But those folks I know who know contracts, say the law is tight and they're very doubtful a company could successfully defend the arbitrary revocation of an agreement like this.
As thoroughly discussed in the One D&D & OGL section of the forum, it's not just a question of law, it's a question of being able to afford to spend the money necessary to get through the legal process to get to a ruling by a judge. There's maybe one or two RPG companies who could maybe afford that. Necrotic Gnome isn't one of them. The community would likely band together once the first shot is fired, but we'll see.
 


annamarks

Villager
“As you may have heard, Wizards of the Coast is poised to release a new version of the Open Game License (v1.1). Parts of the license have been leaked online and it appears that Wizards' intent is to revoke the current version Showbox jiofi.local.html tplinklogin of the OGL, forcing creators to adopt the new version. Whether this is actually legal for them to do, under the terms of the license, is open to interpretation.

A huge number of games, including our own Old-School Essentials, are founded on the Open Game License. If that license were revoked, such games would be in jeopardy. The leaked version of the new OGL includes some extremely unappealing terms, most notably granting Wizards a "nonexclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license" to use content released under the OGL "for any purpose".

Needless to say, we are making various contingency plans in anticipation of the official release of the new OGL. Once the official release happens and we've had time to fully digest its implications, we will announce any possible alterations to our publication schedule.”
the damage done to the OSR is probably what will hurt me personally most. And many of the creators whose work I appreciate as well.
 
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Whizbang Dustyboots

Gnometown Hero
the damage done to the OSR is probably what will hurt me personally most. And many of the creators whose work I appreciate as well.
They seem to not be sitting around waiting for OGL 2.0 or ORC. Basic Fantasy is posting on Facebook about their steady progress changing the game over from OGL to CC, including enough changes to the look and feel to the game to hopefully forestall anyone at WotC getting froggy in the future.

 



Necrotic Gnome has shared an updated on their plans regarding Old-School Essentials w.r.t. the OGL developments: Another Update on Old-School Essentials and the OGL.
In short: no changes to OSE will be done, the respective plans have been scrapped. Dolmenwood will come out as a stand-alone game with a slightly tweaked ruleset as previously announced.
Hopefully now people will stop complaining. Though I'm still astounded that there are people who backed OSE just because they wanted to play in a setting (Dolmenwood) that was still in development.
 

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