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

Maxperson

Morkus from Orkus
‘Distribute your own OGC under the OGL.’ does not make you a licensee, it makes you a licensor. You might also be a licensee, but then that is not because of distributing OGC content.
WotC doesn't even distribute its own stuff under the OGL. They're not writing all the stuff the OGL requires when they use their content in their books.
 

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Maxperson

Morkus from Orkus
No. By using OGC you become a licensee. Distributing OGC is defined as ‘use’. Therefore distributing OGC (even your own) makes you a licensee.
They aren't using the OGL to do it, so those terms do not apply to WotC. They apply to everyone else who takes a brownie.
 



Maxperson

Morkus from Orkus
The do for the 5.1 SRD.
Really? Open up any book they've put out. All of it uses SRD 5.1 content. None of it includes a copy of the license. YOU are required to put in a copy of the license as required by the OGL, because you have to use the OGL to use the SRD content. They do not.
 


They aren't using the OGL to do it, so those terms do not apply to WotC. They apply to everyone else who takes a brownie.
Under the doctrine of first sale, I'm obviously allowed to take you up on your brownie offer and then resell it. Can you contort your metaphor into being about something like the right to copy your specific expression of a brownie recipe instead? ;)

The only real question here is whether or not we can keep sublicensing WotC's OGC to each other after WotC has revoked the initial offer. I think there are good reasons for why we should be able to so, and I'm pretty sure that the drafter intended for this to be the case.

I would, however, like to hear any and all arguments against that being the case.
 



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