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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: 8884188" data-attributes="member: 42582"><p>I think you're running two distinct things together.</p><p></p><p>For my earlier post on this issue, see #479 upthread.</p><p></p><p>In brief (hopefully!): there is a difference between the OGL as a text, which is copyright WotC, and hence which can only be reproduced with WotC's permission; and the OGL as the terms of a contractual agreement between (at least) two parties, where that text states those terms.</p><p></p><p>When we talk about revocation of the licence, we are talking about the second thing, ie, about the terms of a contractual agreement. Can that agreement (the terms of which are stated in the text of the OGL) be revoked?</p><p></p><p>The possibility of WotC denying that other publishers have a right to use their copyrighted licence text is a real one. It seems obviously hopeless in the case of parties who have licence agreements with WotC, as they are required by WotC to reproduce the text as a licence condition, and hence are clearly permitted by WotC to do so.</p><p></p><p>When it comes to parties who are not in a licensing agreement with WotC, but are using the OGL text to establish their own licensing and OGC ecosystem, the basis for their permission is not as straightforward, but probably exists. My post 479 explains why I think this.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8884188, member: 42582"] I think you're running two distinct things together. For my earlier post on this issue, see #479 upthread. In brief (hopefully!): there is a difference between the OGL as a text, which is copyright WotC, and hence which can only be reproduced with WotC's permission; and the OGL as the terms of a contractual agreement between (at least) two parties, where that text states those terms. When we talk about revocation of the licence, we are talking about the second thing, ie, about the terms of a contractual agreement. Can that agreement (the terms of which are stated in the text of the OGL) be revoked? The possibility of WotC denying that other publishers have a right to use their copyrighted licence text is a real one. It seems obviously hopeless in the case of parties who have licence agreements with WotC, as they are required by WotC to reproduce the text as a licence condition, and hence are clearly permitted by WotC to do so. When it comes to parties who are not in a licensing agreement with WotC, but are using the OGL text to establish their own licensing and OGC ecosystem, the basis for their permission is not as straightforward, but probably exists. My post 479 explains why I think this. [/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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