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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="Steel_Wind" data-source="post: 8880879" data-attributes="member: 20741"><p>The larger issue here is not whether WotC can revoke the OGL going forward, it is what the impact of previous uses of the OGL -- and then use of that material by sub-licensees means and whether that can be stopped. If it can be stopped, can that be stopped via injunction?</p><p></p><p>I think, that result to be <em>unlikely</em>. An injunction, under these circumstances? Won't happen. They might win at trial, or on appeal -- but an injunction? No, that is not a litigation bet I would make. </p><p></p><p>WotC can put the brakes on 1.0a and the 5.1 SRD, going forward concerning D&DOne (let's just call it 5.5 for now) and it can do whatever it and another party wants via express agreement (including clauses which wipe out rights under the OGL 1 and 1.0a.) But those are prospective concerns, not retrospective ones. I don't think WotC can easily put the Genie that has already been released back in the bottle in terms of the current and prior editions of the game -- and most importantly, what it based and derived from that already licensed material. There is a veritable <em>boatload of commercial reliance</em> premised upon the legal use of derivations of that initially licensed work, especially by Paizo Inc. in PF1 and PF2. To say that nobody else could make derivative use of Pathfinder products in the future, say?</p><p></p><p>I doubt that result would come after 23 years -- and so much reasonable commercial reliance. Indeed, there are banks and other lenders that have been granted security over the value of the marks and assets of businesses premised upon the legality of those ongoing rights and the underlying business, too.</p><p></p><p>I think we should wait and see where this is all going. Getting our knickers in a knot before there has been any new definitive statements by WotC on the topic is simply not helpful.</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8880879, member: 20741"] The larger issue here is not whether WotC can revoke the OGL going forward, it is what the impact of previous uses of the OGL -- and then use of that material by sub-licensees means and whether that can be stopped. If it can be stopped, can that be stopped via injunction? I think, that result to be [I]unlikely[/I]. An injunction, under these circumstances? Won't happen. They might win at trial, or on appeal -- but an injunction? No, that is not a litigation bet I would make. WotC can put the brakes on 1.0a and the 5.1 SRD, going forward concerning D&DOne (let's just call it 5.5 for now) and it can do whatever it and another party wants via express agreement (including clauses which wipe out rights under the OGL 1 and 1.0a.) But those are prospective concerns, not retrospective ones. I don't think WotC can easily put the Genie that has already been released back in the bottle in terms of the current and prior editions of the game -- and most importantly, what it based and derived from that already licensed material. There is a veritable [I]boatload of commercial reliance[/I] premised upon the legal use of derivations of that initially licensed work, especially by Paizo Inc. in PF1 and PF2. To say that nobody else could make derivative use of Pathfinder products in the future, say? I doubt that result would come after 23 years -- and so much reasonable commercial reliance. Indeed, there are banks and other lenders that have been granted security over the value of the marks and assets of businesses premised upon the legality of those ongoing rights and the underlying business, too. I think we should wait and see where this is all going. Getting our knickers in a knot before there has been any new definitive statements by WotC on the topic is simply not helpful. [/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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