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GSL questions for Scott Rouse and Mike Lescault
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<blockquote data-quote="Orcus" data-source="post: 4098157" data-attributes="member: 1254"><p>I agree with you in theory, but I see a possibility that you are not accounting for--that a product could be covered by BOTH the GSL and the OGL. I see that as a possibility. For instance, perhaps the GSL -ONLY- covers use of content from the 4E SRD. If that is the case, you could create a product that uses the GSL for the 4E parts and then also uses the OGL to pull from 3E/OGC sources. That would work nicely. </p><p></p><p>However, I happen to think that you are likely right. I think the GSL will likely preclude you from also using any other license in a product that also uses the GSL. Or, in the alternative, allows you to use OGC only so long as you have permission of the copyright holder. But I am not sure. </p><p></p><p>I think your stance comes from a belief that the GSL cannot work with the OGL and OGC in any way. I am not sure that is a certainty. Had I been consulted by WotC (which I wasnt, though I offered) this was exactly the problem I wanted to help with--how to intertwine 3E OGC with new 4E content under the GSL.</p><p></p><p>I also dont see it as a legal nightmare at all to upgrade existing works. If you were the creator of the intial work, even if under the OGL, you own the concepts and can easily do them in a new incarnation of the license. </p><p></p><p>Let me give you an example. I dont know if the GSL will work with the OGL in any way. But permission from the content owner is always a good way to go. For Tome 4E I wanted to include a few monsters from the old Creature Collection that I produced. I dont technically own that content. If the GSL works with the OGL then I can use it under that license. But I dont think it will. So I called Steve and Stew and got permission, in writing, to use the couple of monsters that I wanted to use. So I know, without almost any doubt, that I will be able to create those creatures for Tome 4E because I have the right to do so (unless the GSL has some wierd provision I havent envisioned, which I find hard to believe, but who knows). </p><p></p><p>I also do agree that one thing that is in question is downstream use of OGC. That issue you raise above I believe is very valid--for instance you create a work that includes someone elses OGC, you then release your work as OGC under the OGL. All good and appropriate. Now, however, if the new GSL doesnt work with the old OGL then if you want to redo that work you likely wont be able to use the content that you used that was prior OGC. But the rest of the work you could. So, depending on how much reuse you did, you may have an extra step.</p><p></p><p>This leads me back to something I was a HUGE advocate of under the OGL--asking permission even if you didnt have to. I always advocated that if you were going to reuse someone else's OGC that you give them the courtesy of asking permission. You didnt have to, of course. But this is a small industry. Professionalism is always the best way to go. Now, here we are. If you used someone's OGC previously for a product and want to use it again in updating that work under the GSL, guess what--if you asked permission the first time and got it, dont you think they would likely give it again when you ask for permission to use it under the GSL? It always pays to be nice... <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /></p><p></p><p>I do agree with your important comment about copyright and how the OGL is not a waiver of copyright. I think that is an important comment to remind people about. </p><p></p><p>It is going to be intersting to see how this all plays out. </p><p></p><p>Clark</p></blockquote><p></p>
[QUOTE="Orcus, post: 4098157, member: 1254"] I agree with you in theory, but I see a possibility that you are not accounting for--that a product could be covered by BOTH the GSL and the OGL. I see that as a possibility. For instance, perhaps the GSL -ONLY- covers use of content from the 4E SRD. If that is the case, you could create a product that uses the GSL for the 4E parts and then also uses the OGL to pull from 3E/OGC sources. That would work nicely. However, I happen to think that you are likely right. I think the GSL will likely preclude you from also using any other license in a product that also uses the GSL. Or, in the alternative, allows you to use OGC only so long as you have permission of the copyright holder. But I am not sure. I think your stance comes from a belief that the GSL cannot work with the OGL and OGC in any way. I am not sure that is a certainty. Had I been consulted by WotC (which I wasnt, though I offered) this was exactly the problem I wanted to help with--how to intertwine 3E OGC with new 4E content under the GSL. I also dont see it as a legal nightmare at all to upgrade existing works. If you were the creator of the intial work, even if under the OGL, you own the concepts and can easily do them in a new incarnation of the license. Let me give you an example. I dont know if the GSL will work with the OGL in any way. But permission from the content owner is always a good way to go. For Tome 4E I wanted to include a few monsters from the old Creature Collection that I produced. I dont technically own that content. If the GSL works with the OGL then I can use it under that license. But I dont think it will. So I called Steve and Stew and got permission, in writing, to use the couple of monsters that I wanted to use. So I know, without almost any doubt, that I will be able to create those creatures for Tome 4E because I have the right to do so (unless the GSL has some wierd provision I havent envisioned, which I find hard to believe, but who knows). I also do agree that one thing that is in question is downstream use of OGC. That issue you raise above I believe is very valid--for instance you create a work that includes someone elses OGC, you then release your work as OGC under the OGL. All good and appropriate. Now, however, if the new GSL doesnt work with the old OGL then if you want to redo that work you likely wont be able to use the content that you used that was prior OGC. But the rest of the work you could. So, depending on how much reuse you did, you may have an extra step. This leads me back to something I was a HUGE advocate of under the OGL--asking permission even if you didnt have to. I always advocated that if you were going to reuse someone else's OGC that you give them the courtesy of asking permission. You didnt have to, of course. But this is a small industry. Professionalism is always the best way to go. Now, here we are. If you used someone's OGC previously for a product and want to use it again in updating that work under the GSL, guess what--if you asked permission the first time and got it, dont you think they would likely give it again when you ask for permission to use it under the GSL? It always pays to be nice... :) I do agree with your important comment about copyright and how the OGL is not a waiver of copyright. I think that is an important comment to remind people about. It is going to be intersting to see how this all plays out. Clark [/QUOTE]
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