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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: 8885503" data-attributes="member: 42582"><p>As per my post not too far upthread, I think I agree that it is designed to cause confusion.</p><p></p><p>My thought about its relationship to v 1.0/1.0a might be different from yours, though, and I'm interested to work out if that's so.</p><p></p><p>A party to the OGL v 1.1 agrees, via the screenshot clause, that they are becoming a party to an updated version of the OGL. That suggests, therefore, that they also agree to allow v 1.1 to be used to distribute (etc) their OGC. They also agree that v 1.0/1.0a is no longer authorised by WotC, and hence renounce the right to distribute any OGC under that licence.</p><p></p><p>A key question is, what is the status of OGC contributed by licensees who are not party to v 1.1. I don't think that they have agreed to have their content distributed by other parties under v 1.1, as those parties (it seems to me) are not conferring on v 1.0a licensees the rights those licensees are entitled to, including the right to choose which licence to use (because v 1.1 parties can't confer that right - at a minimum they have renounced their previous power to confer the right on others to use v 1.0/1.0a).</p><p></p><p>So I'm not sure that WotC have failed to protect their own rights. Because anyone who enters into a new licence with them now, ie via 1.1, is passing through a one-way door (I think, as per the above). And those parties bring their own OGC with them, but cut off their membership of the 1.0/1.0a ecosystem. Or at least perhaps <em>some</em> of their OGC - because those parties cannot both enter the 1.1 ecosystem and honour obligations they might owe to parties to 1.0/1.0a, and so perhaps can't bring all of their OGC with them - only OGC that is licensed by another 1.1 party.</p><p></p><p>Which to me seems to fracture the 3PP ecosystem in a much weirder fashion than I think the GSL did, or than your proposal would.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8885503, member: 42582"] As per my post not too far upthread, I think I agree that it is designed to cause confusion. My thought about its relationship to v 1.0/1.0a might be different from yours, though, and I'm interested to work out if that's so. A party to the OGL v 1.1 agrees, via the screenshot clause, that they are becoming a party to an updated version of the OGL. That suggests, therefore, that they also agree to allow v 1.1 to be used to distribute (etc) their OGC. They also agree that v 1.0/1.0a is no longer authorised by WotC, and hence renounce the right to distribute any OGC under that licence. A key question is, what is the status of OGC contributed by licensees who are not party to v 1.1. I don't think that they have agreed to have their content distributed by other parties under v 1.1, as those parties (it seems to me) are not conferring on v 1.0a licensees the rights those licensees are entitled to, including the right to choose which licence to use (because v 1.1 parties can't confer that right - at a minimum they have renounced their previous power to confer the right on others to use v 1.0/1.0a). So I'm not sure that WotC have failed to protect their own rights. Because anyone who enters into a new licence with them now, ie via 1.1, is passing through a one-way door (I think, as per the above). And those parties bring their own OGC with them, but cut off their membership of the 1.0/1.0a ecosystem. Or at least perhaps [i]some[/i] of their OGC - because those parties cannot both enter the 1.1 ecosystem and honour obligations they might owe to parties to 1.0/1.0a, and so perhaps can't bring all of their OGC with them - only OGC that is licensed by another 1.1 party. Which to me seems to fracture the 3PP ecosystem in a much weirder fashion than I think the GSL did, or than your proposal would. [/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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