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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="robconley" data-source="post: 8879082" data-attributes="member: 5636"><p>Sorry while I am not a lawyer, I am also a software developer who uses open source software and content since the early 90s. The case law behind open source licenses like the Artistic License or the GNU Public doesn't support this interpretation. See Jacobsen v. Katzer.</p><p></p><p>Many Open contact Licenses like the GPL and Creative Commons do not use the term irrevocable and the precedent is clearly in favor of the interpretation that once content is open is remain open under the same conditions. Free to be used by any subsequent parties provided the terms and conditions of the license are met.</p><p></p><p>The reality is that intent counts as well as the letter of the license or contract. The courts are not going to ignore the fact that Wizards repeatably stated that the license can not be revoked. This was one of the early concerns that was clarified by Wizards when asked.</p><p>I talk to enough lawyers to know that the whole idea behind open content is foreign. That the law is meant to be adjudicated between two self-interested parties. Has trouble dealing with altruistic behavior. But the folks who made the first round of open licenses were pretty savvy about this and designed the licenses in such a way that the stricter copyright law is and the more rigid contract law becomes, the stronger their license becomes. The OGL was patterned after these licenses and share their strengths.</p><p></p><p>I recommend people who want to be educated about open licenses contact either the Free Software Foundation or the Open Source Initiative.</p><p></p><p>[URL unfurl="true"]https://www.fsf.org/[/URL]</p><p>[URL unfurl="true"]https://opensource.org/[/URL]</p></blockquote><p></p>
[QUOTE="robconley, post: 8879082, member: 5636"] Sorry while I am not a lawyer, I am also a software developer who uses open source software and content since the early 90s. The case law behind open source licenses like the Artistic License or the GNU Public doesn't support this interpretation. See Jacobsen v. Katzer. Many Open contact Licenses like the GPL and Creative Commons do not use the term irrevocable and the precedent is clearly in favor of the interpretation that once content is open is remain open under the same conditions. Free to be used by any subsequent parties provided the terms and conditions of the license are met. The reality is that intent counts as well as the letter of the license or contract. The courts are not going to ignore the fact that Wizards repeatably stated that the license can not be revoked. This was one of the early concerns that was clarified by Wizards when asked. I talk to enough lawyers to know that the whole idea behind open content is foreign. That the law is meant to be adjudicated between two self-interested parties. Has trouble dealing with altruistic behavior. But the folks who made the first round of open licenses were pretty savvy about this and designed the licenses in such a way that the stricter copyright law is and the more rigid contract law becomes, the stronger their license becomes. The OGL was patterned after these licenses and share their strengths. I recommend people who want to be educated about open licenses contact either the Free Software Foundation or the Open Source Initiative. [URL unfurl="true"]https://www.fsf.org/[/URL] [URL unfurl="true"]https://opensource.org/[/URL] [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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