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

[mamba]

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.

it is unclear whether they can revoke (probably not), they bypass the whole 'does this only mean WotC no longer offers its OGC directly' by attempting to deauthorize the license (another dubious manoeuvre at best)

 

[Maxperson]

The OGL isn’t hundreds of separate offers from each individual copyright holder. It’s one offer for all OGC.

The OGL is thousands of offers by WotC to all the third party creators who took them up on it. WotC doesn't have to contract with itself. They do not use the OGL to put out their books, all of which contains SRD 5.1 content. They don't have to. None of their books have the required language from the OGL in them.

 

[mamba]

The OGL isn’t hundreds of separate offers from each individual copyright holder. It’s one offer for all OGC.

Huh? How do you arrive at that? It is literally hundreds of offers, they just are under the same license. See 6. in the OGL

 

[FrogReaver]

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.

Agreed on the example. Now for the explanation. Suppose I got approval from WOTC to print gold plated PHB’s but I’ve already agreed to the OGL terms. Am I forbidden from doing this? No! Because I can have 2 different licenses to use the same content.

Similar for Wotc - except they have a copyright instead of a license.

Being able to issue content another way (under a different copyright or license) doesn’t mean one isn’t a licensee under another license.

 

[FrogReaver]

The OGL is thousands of offers by WotC to all the third party creators who took them up on it. WotC doesn't have to contract with itself.

They aren’t contracting with themselves. They are licensed for all the other OGC out there.

They do not use the OGL to put out their books, all of which contains SRD 5.1 content. They don't have to. None of their books have the required language from the OGL in them.

No one is claiming they do…

 

[Maxperson]

Distributing OGC is one way that the license gives for accepting. WOTC has distributed OGC, right?

For giggles, even though it doesn't work that way, I'm going to assume that distributing OGC means that WotC is using the OGL. The following is from the OGL.

10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.

Must. It's not an option.

13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.

So since they failed to cure the breach within 30 days of putting out the very first 5e book, the license terminated and they can't use the OGL anymore.

I guess they'll have to sue themselves to get their own money.

 

[mamba]

Being able to issue content another way (under a different copyright or license) doesn’t mean one isn’t a licensee under another license.

then tell me where WotC is using the OGC as licensed by the OGL

 

[Maxperson]

Agreed on the example. Now for the explanation. Suppose I got approval from WOTC to print gold plated PHB’s but I’ve already agreed to the OGL terms. Am I forbidden from doing this? No! Because I can have 2 different licenses to use the same content.

Similar for Wotc - except they have a copyright instead of a license.

Being able to issue content another way (under a different copyright or license) doesn’t mean one isn’t a licensee under another license.

It seems from your responses that you think the OGL licenses to people. It does not. It IS the license. Only WotC can license that material to anyone. OGL 1.0a allows you to sublicense, though.

 

[Aspirinsmurf]

The OGL isn’t hundreds of separate offers from each individual copyright holder. It’s one offer for all OGC.

That can't be the case. No single party owns all the OGC, and you certainly don't have to use all the OGC. There might exist the possibility that the Contributors are acting collectively in respect to granting you the right to Use the OGC that you're actually Using, but I'm not sure if that's the most plausible interpretation either.

 

[FrogReaver]

then tell me where WotC is using the OGC as licensed by the OGL

5.1 SRD. They are distributing OGC.