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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: 8884353" data-attributes="member: 1772"><p>I note you indicate that you are not making the argument that the OGL 1.0a represents an agreement between WOTC and the licensee. However, anyone who makes this argument simply has not read the OGL 1.0a: "In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." Contributors is defined as "(a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content;"</p><p></p><p>Its not clear to me who the "Contributors" would be in the context of any use of Open Game Content. Possibly it could mean everyone (who is a copyright/trademark holder) that has contributed Open Game Content under OGL 1.0a. Possibly it could be restricted to those persons that have contributed Open Game Content under OGL 1.0a that is actually being used by the licensee. </p><p></p><p>However, under any interpretation, if a licensee is using material from both WOTC and Paizo designated as Open Game Content OGL 1.0a, then OGL 1.0a does not represent an agreement solely between WOTC and the licensee. </p><p></p><p>To repeat myself: There are exceptions to everything, including things I've said above. If you want to know all the complexity and nuance, don't look in a forum post. The fact that I don't know what exceptions, complexity and nuance are applicable to your specific situation is one reason (among many) that this is not legal advice. So, I'll say what you hear so many lawyers say. This is not legal advice. I am not your lawyer. You can rely on my legal advice only when we have discussed your specific situation and you have entered into an engagement letter with me or my law firm, and have agreed to pay me or my law firm for the provision of legal advice.</p></blockquote><p></p>
[QUOTE="bmcdaniel, post: 8884353, member: 1772"] I note you indicate that you are not making the argument that the OGL 1.0a represents an agreement between WOTC and the licensee. However, anyone who makes this argument simply has not read the OGL 1.0a: "In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." Contributors is defined as "(a)"Contributors" means the copyright and/or trademark owners who have contributed Open Game Content;" Its not clear to me who the "Contributors" would be in the context of any use of Open Game Content. Possibly it could mean everyone (who is a copyright/trademark holder) that has contributed Open Game Content under OGL 1.0a. Possibly it could be restricted to those persons that have contributed Open Game Content under OGL 1.0a that is actually being used by the licensee. However, under any interpretation, if a licensee is using material from both WOTC and Paizo designated as Open Game Content OGL 1.0a, then OGL 1.0a does not represent an agreement solely between WOTC and the licensee. To repeat myself: There are exceptions to everything, including things I've said above. If you want to know all the complexity and nuance, don't look in a forum post. The fact that I don't know what exceptions, complexity and nuance are applicable to your specific situation is one reason (among many) that this is not legal advice. So, I'll say what you hear so many lawyers say. This is not legal advice. I am not your lawyer. You can rely on my legal advice only when we have discussed your specific situation and you have entered into an engagement letter with me or my law firm, and have agreed to pay me or my law firm for the provision of legal advice. [/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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