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General Tabletop Discussion
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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="pemerton" data-source="post: 8883025" data-attributes="member: 42582"><p>If you agree to license your copyrighted work to me under the terms of the OGL, we have an agreement. WotC is not a party to our agreement.</p><p></p><p>But WotC have two roles in our agreement that I can see. First, they own the copyright in the text of the OGL itself. So if we reproduce that text in our agreement, and require others to do so when they enter into licences with us, we may be infringing WotC's copyright. I don't know if there is a fair use argument here, as I'm not a US copyright lawyer. There may also be an argument from reliance or estoppel or waiver or implied permission, based on (eg) the statements on the OGF website that you refer to.</p><p></p><p>The other role that WotC has is that, under section 9 of the OGL, we would have agreed with each other to allow our licensed material to be re-licensed under other versions of the OGL authorised by WotC.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8883025, member: 42582"] If you agree to license your copyrighted work to me under the terms of the OGL, we have an agreement. WotC is not a party to our agreement. But WotC have two roles in our agreement that I can see. First, they own the copyright in the text of the OGL itself. So if we reproduce that text in our agreement, and require others to do so when they enter into licences with us, we may be infringing WotC's copyright. I don't know if there is a fair use argument here, as I'm not a US copyright lawyer. There may also be an argument from reliance or estoppel or waiver or implied permission, based on (eg) the statements on the OGF website that you refer to. The other role that WotC has is that, under section 9 of the OGL, we would have agreed with each other to allow our licensed material to be re-licensed under other versions of the OGL authorised by WotC. [/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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