Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.

[GMforPowergamers]

And this license is printed in quite a few books, as required by the license itself. That printed license promises me that I can use the Open Game Content in that book under the terms of the license. Again as a non-lawyer, this does not seem like a thing Wizards should be able to revoke.

this is what I wonder...

PF made a variant and then put it up as OGL (as far as I know) so does that 'grandfather' in NEW pf books or is it only ones published through the withdrawn date?

 

[jgbrowning]

This is the bit that confuses me (as a non-lawyer).

The core part of the OGL is this:
4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

"Use" is defined in the OGL as "to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content."

"Distribute" is further defined to mean "to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute"

So, when Paizo released Pathfinder, they used the OGL, and were thus granted a perpetual license to license Open Game Content. So given the license's viral nature, I should be able to rely on e.g. Paizo's offer of the license instead of Wizards'. And there are a few places that have copies of the SRD published without any changes.

And this license is printed in quite a few books, as required by the license itself. That printed license promises me that I can use the Open Game Content in that book under the terms of the license. Again as a non-lawyer, this does not seem like a thing Wizards should be able to revoke.

I am also quite interested in this as well.
-
1) For instance, X person publishes a 100% open content work work the day before the new OGL goes into effect saying that all prior OGLs are now invalid. 20% of the content of this work was derived from WotC's SRD, 80% wasn't.
2) Two days later Y person sees something in the work that they like and they look at the licensing on the back page and then follow that licensing and release something new of their own including only the material contained in the product that person X just declared as open content.
3) How is the current validity of any open license supposed to know what content was derived from WotC content and what content was opened by person X? And is the license agreement between X and Y still valid, or is *too made invalid because WotC has decided that that OGL version is no longer valid, so no one else can use it between themselves for their solely-created content?

joe b.

 

[Scars Unseen]

"I need ammunition, not a taxi!"

I think if 3PPs stick together and refuse to be intimidated, this is going to go away. Nobody should be left alone vs Hasbro when everyone is in the same boat here.

The customers as well. At the very least, if the OGL revision as suggested goes official, I refuse to buy any WotC product or any product published under it until it is rescinded. I have other games I can play, and I'd rather limit my options than contribute money to a company willing to burn down the gaming sphere around them.

 

[Reynard]

The "legally-distinct" part might be rather hard, though. Wouldn't it be easier to get an already D&D-esque system to open up? Not sure whether "Why didn't you sue them because they're too similar in the last 30 years?" has any legal merit…

Dear Kevin Siembida…

Sometimes the cure is worse than the disease...

 

[Reynard]

The customers as well. At the very least, if the OGL revision as suggested goes official, I refuse to buy any WotC product or any product published under it until it is rescinded. I have other games I can play, and I'd rather limit my options than contribute money to a company willing to burn down the gaming sphere around them.

I have two emotional responses ready. if the new OGL simply states that 3PPsthat want to support 1D&D must abide by the new rules, I will just cease supporting WotC and not buy any 1D&D material. If, on the other hand, it makes an attempt to actually kill existing 3PPs and their products, I will do my (meager) best to actively support whoever fights them and to hurt WotC and Hasbro by boycotting everything and anything they are involved with. I know it isn't much, but that's where the distinction lies for me.

 

[Scars Unseen]

I have two emotional responses ready. if the new OGL simply states that 3PPsthat want to support 1D&D must abide by the new rules, I will just cease supporting WotC and not buy any 1D&D material. If, on the other hand, it makes an attempt to actually kill existing 3PPs and their products, I will do my (meager) best to actively support whoever fights them and to hurt WotC and Hasbro by boycotting everything and anything they are involved with. I know it isn't much, but that's where the distinction lies for me.

The hardest part for me will be going back to hunting down overly expensive used copies of 2E settings material instead of using PoD at DriveThruRPG. I'm less interested in the collector aspect than in just having a hard copy to read, so PoD has been great, but even contributing to them in that regard is going to leave a bad taste in my mouth if this goes through, so back to spending hundreds on a book instead of three or four I go.

 

[GMforPowergamers]

I have two emotional responses ready. if the new OGL simply states that 3PPsthat want to support 1D&D must abide by the new rules, I will just cease supporting WotC and not buy any 1D&D material. If, on the other hand, it makes an attempt to actually kill existing 3PPs and their products, I will do my (meager) best to actively support whoever fights them and to hurt WotC and Hasbro by boycotting everything and anything they are involved with. I know it isn't much, but that's where the distinction lies for me.

may I suggest pushing non d20 games. find a game (fate, rifts, savage world, vampire ect ect) and try to get everyone you know that plays D&D to try them... and make it a big visual loud change. Go on FB and tell everyone you are leaving D&D and D&D like games for ________.

 

[GMforPowergamers]

The hardest part for me will be going back to hunting down overly expensive used copies of 2E settings material instead of using PoD at DriveThruRPG.

that is still supporting WotC

 

[Reynard]

that is still supporting WotC

How is buying from the second hand market supporting WotC?

 

[Henry]

as a non lawyer (unless you count rules lawyer) I find it facinating that two people read legal documents and statutes and run into the same thing we do all day everyday on this very site... we have similar training/background, read the same text, and get two opposing answers.

What I love is that I can come to a place like ENWorld and get this level of discourse