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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="bmcdaniel" data-source="post: 8881674" data-attributes="member: 1772"><p>This is about right. </p><p></p><p>It is possible that WOTC could take a position that has very limited legal strength such as the OGL 1.0a being revocable. In any business, management has final say over the lawyers, and its possible that WOTC management will take the position that OGL 1.0a is unilaterally revocable despite contrary advice from lawyers in order to spread fear, uncertainty and doubt. However, its unlikely that they would do so because by doing so they risk a declaratory judgement (from a motivated population!) that would actually undermine their intellectual property rights. For example, they would be risking a judgement that clarifies, contrary to their interest, the scope of non-copyrightability of game mechanics in the context of complex games like TTRPGs.</p><p></p><p>My own view is likely that the language that has been circulated regarding the revocation of OGL 1.0a either (a) would apply only to persons who accept and use OGL 1.1, or (b) was a "trial balloon"/early draft that will not ultimately be adopted. Thats not a legal conclusion; thats a probabilistic view of behaviour based off of public evidence that I've seen.</p><p></p><p>In any event, it behooves everyone not to get too emotionally invested in any particular facts until WOTC clarifies what their position is.</p></blockquote><p></p>
[QUOTE="bmcdaniel, post: 8881674, member: 1772"] This is about right. It is possible that WOTC could take a position that has very limited legal strength such as the OGL 1.0a being revocable. In any business, management has final say over the lawyers, and its possible that WOTC management will take the position that OGL 1.0a is unilaterally revocable despite contrary advice from lawyers in order to spread fear, uncertainty and doubt. However, its unlikely that they would do so because by doing so they risk a declaratory judgement (from a motivated population!) that would actually undermine their intellectual property rights. For example, they would be risking a judgement that clarifies, contrary to their interest, the scope of non-copyrightability of game mechanics in the context of complex games like TTRPGs. My own view is likely that the language that has been circulated regarding the revocation of OGL 1.0a either (a) would apply only to persons who accept and use OGL 1.1, or (b) was a "trial balloon"/early draft that will not ultimately be adopted. Thats not a legal conclusion; thats a probabilistic view of behaviour based off of public evidence that I've seen. In any event, it behooves everyone not to get too emotionally invested in any particular facts until WOTC clarifies what their position is. [/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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