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GSL & SRD -- Comments, Questions, and Hopes
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<blockquote data-quote="pemerton" data-source="post: 4318290" data-attributes="member: 42582"><p>WoTC do not claim the right, under the GSL, to measure their own damages.</p><p></p><p></p><p></p><p>I don't think that this is quite right.</p><p></p><p>First, clause 5 of the OGL only applies to OGC (in respect of which the OGL therefore confers "viral" rights). Thus, a proper declaration of OGC within the backwards-converted product would avoid the issue.</p><p></p><p>Second, clause 5 of the OGL requires sufficient authority to confer the viral rights in respect of the OGC. I don't see how being in breach of contractual obligations to WoTC under the GSL would mean that one lacked sufficient rights in one's own IP to comply with clause 5 of the OGL. One does not need WoTC's permission to licence other's to use one's own IP, whether or not one is party to the GSL.</p><p></p><p>Note: I am not advocating that any party breach contractual obligations under the GSL. I am just trying to work out the legal implications if such a breach were to occur.</p><p></p><p>Except that other material has been released under the OGL by WoTC, such as D20 modern and UA.</p><p></p><p>On the substantive point: entering into the OGL with Mongoose in respect of Runequest does not constitute entering into the OGL with WoTC. By reproducing the copyright notice (which mentions WoTC), you are not entering into the licence with WoTC, as far as I can see. If you look at Clause 4 of the OGL, the licence obtains between You and the Contributors. I assume that, when it comes to doing RQ under the OGL, WoTC is not a contributor.</p></blockquote><p></p>
[QUOTE="pemerton, post: 4318290, member: 42582"] WoTC do not claim the right, under the GSL, to measure their own damages. I don't think that this is quite right. First, clause 5 of the OGL only applies to OGC (in respect of which the OGL therefore confers "viral" rights). Thus, a proper declaration of OGC within the backwards-converted product would avoid the issue. Second, clause 5 of the OGL requires sufficient authority to confer the viral rights in respect of the OGC. I don't see how being in breach of contractual obligations to WoTC under the GSL would mean that one lacked sufficient rights in one's own IP to comply with clause 5 of the OGL. One does not need WoTC's permission to licence other's to use one's own IP, whether or not one is party to the GSL. Note: I am not advocating that any party breach contractual obligations under the GSL. I am just trying to work out the legal implications if such a breach were to occur. Except that other material has been released under the OGL by WoTC, such as D20 modern and UA. On the substantive point: entering into the OGL with Mongoose in respect of Runequest does not constitute entering into the OGL with WoTC. By reproducing the copyright notice (which mentions WoTC), you are not entering into the licence with WoTC, as far as I can see. If you look at Clause 4 of the OGL, the licence obtains between You and the Contributors. I assume that, when it comes to doing RQ under the OGL, WoTC is not a contributor. [/QUOTE]
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