Prime_Evil
Adventurer
The copy of the OGL available via the Open Gaming Foundation includes the following preamble: "THIS LICENSE IS APPROVED FOR GENERAL USE. PERMISSION TO DISTRIBUTE THIS LICENSE IS MADE BY WIZARDS OF THE COAST". See Open Game License v1.0aOK, for that scenario my analysis in that post (479) is my best attempt to unpack the possibilities.
This seems to indicate an intention for third-parties to distribute the license.
A search of the website on Archive.org reveals the following FAQ for the version of the OGL published on 9/15/00:
(Open Game License v0.1 Simplified)A Brief Q&A;:
Q: What does "Approved" mean?
A: It means that the license has been approved by the WotC legal team. WotC has agreed to support these terms for the upcoming release of Open Game Content.
Q: Who can use this license?
A: Anyone can use this license. Permission to distribute the license is now granted.
Q: Do I have to use this license with material from WotC or based on something WotC publishes?
A: Not at all. You can use this license to provide a strong copyleft to any material, including an entirely new project.
Q: How do I indicate what is "Open Game Content"?
A: The exact method is up to you. You are required to "clearly" do so. Assume a "reasonable person" standard - if a reasonable person would be able to determine what is Open Game Content, your method will be acceptable.
Q: Do you have any suggestions as to how to do that?
A: Two simple methods recognized by the Open Gaming community (but by no means the only possible methods) are to place Open Game Content in boxed text and indicate in the publication that the boxed text content is Open Game Content; or place Open Game Content in a unique font, color or style not elsewhere used in the publication and indicate that any material in that unique font, color or style is Open Game Content.
Q: What is "Product Identity"?
A: Product identity means things that might be mixed in with Open Game Content that you do not wish to apply the terms of the License to.
Q: That's not very Open then, is it?
A: The License specifically limits the Product Identity to non-Game Rule content. The Open Gaming License is primarily designed to provide a strong copyleft and an Open (meaning "freedom to copy, modify and distribute") License for Game Rules and materials that use Game Rules. Content that is not Game Rules or material that uses Game Rules that is aggregated with such content need not be subject to the terms of this License.
Q: How do I identify "Product Identity"?
A: The method that Wizards of the Coast will probably be using will be to include a list of things it considers "Product Identity" in a given publication as an enumerated list under a heading of that name.
Q: What will happen to me if I use someone else's Product Identity without permission?
A: You will be in breach of the Open Gaming License. If the owner of that Product Identity notifies you of the breach, and you fail to cure that breach as described in the License, your rights to use the Open Gaming License will terminate, and you could be sued for copyright violations and breach of contract.
Q: Just by the person who owns the Product Identity?
A: No. Once your rights have terminated, if you continue to Use Open Gaming Content without those rights, you could be sued by each and every person who has contributed to the work you are Using.
Q: Do I really have to include a copy of the entire license when I Use Open Gaming Content?
A: Technically, the answer is yes. Any time you Use Open Game Content, you should also include a copy of the license. Practically, in the case of email messages or other very short material where you do not do so, you will be in breach of the License but you are unlikely to be so notified, and even if you were, you are unlikely to be repeatedly distributing the same email message, so you can cure your breach by agreeing not to continue to distribute the offending message without the full text of the License.
One copy of the License is sufficient for each publication; you do not need to publish a copy of the License for every item of Open Game Content in a given publication. You can also use one copy of the License for content on a web site, but if any part of that web site is designed to be downloaded and used separately by a user, you need to provide for an inclusion of the License with that download.
You cannot merely refer to a web location or an offer to provide the License on request - you must actually include the full text of the License.
I'm sure there will be other questions that need to be answered. Please let me {EMAIL ADDRESS REDACTED} know what they are, and I will try to create an effective response, ASAP.
This would seem to seem to contain a clear statement of intent. Note that Ryan Dancey was vice president in charge of Dungeons & Dragons at Wizards of the Coast when he posted this FAQ, so he may have been in a position to articulate corporate policy at that time. However, the OGF is a separate legal entity to WoTC.
Something I didn't realize is that early versions of the OGL were marked Copyright 2000, Open Gaming Foundation. I'm not sure when the copyright was reassigned to WoTC.
The FAQ published on the WotC website on January 26, 2004 contains a number of statements aligned to this document:
That seems unambiguous. The existence of this FAQ might strengthen arguments based upon reliance.Q: Why does Wizards of the Coast hold the copyright to the license?
A: Wizards of the Coast wrote the License and wants to control the right to make changes to the License in the future.
Q: Does Wizards of the Coast's copyright to the License mean that anything I publish using the License is owned by Wizards of the Coast?
A: No. The copyright on the License pertains to the terms of the License itself, not to materials distributed using the License.
Q: How can I distribute the License if Wizards of the Coast owns the copyright to the License?
A: Wizards of the Coast has granted a free and unrestricted right to distribute exact copies of the License.
Ryan Dancey has just updated the OGF website, presumably to clarify the position:
Update January 4th 2023 It's been nearly 20 years since this site was last updated. During that time there's been a tremendous amount of Open Game Content published; the objectives of the Foundation were exceeded in every way. Open Game Content is now a standard and accepted method of publishing games. Thanks to all who have participated in this great project since its inception.
This site is not actively maintained (maybe someday!). For now, we've updated the site to use SSL so that if you're visiting using a browser that requires a secure connection you'll be able to use one. We've also trimmed a lot of links to projects and services that are not immediately relevant to the current time.
We're aware that Hasbro/Wizards of the Coast is considering issuing a new Open Gaming License and we're tracking that process. If and when they do release an authorized update to the OGL, if it remains in compliance with the philosophy of Open Gaming we'll include links to it here on this site.
The Open Gaming Foundation is a private organization, dedicated to supporting the ideals of the Open Gaming philosophy: That game rules and material that use those rules, should be free to copy, modify and distribute.
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