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<blockquote data-quote="pemerton" data-source="post: 8885635" data-attributes="member: 42582">This looks a bit tricky to me.Suppose X is a party to the OGL v 1.0/1.0a with one or more licensees.X now enters into the OGL v 1.1 with WotC. They thereby renounce their rights under OGL v 1.0/1.0a, and promise WotC that henceforth they will use v 1.1 as their licence.X is still bound by their promise to those other licensees to permit them to use X's OGC under the terms of v 1.0/1.0a. Prima facie, though, if that takes place then X is breaching their promise to WotC under v 1.1However, if WotC is also a licensor to those other licensees under v 1.0/1.0a, then it has made the section 13 promise to them. Which means that X's prima facie breach of obligations to WotC is not actually a breach, because WotC has promised the other licensees that it can happen.What is a bit weirder, though, is if those other licensees are not licensees of WotC. For instance, they might be part of a non-WotC-owned-SRD-derived ecosystem. In that case, WotC has not made any promise to them, and so X cannot honour both X's obligations to WotC and X's obligations to the other licensees. So in this case, it looks like X breached their licence obligations to those other licensees when they entered into v 1.1 with WotC.I've worked the above out as I typed it, so I don't promise that it's the prize-winning answer to the exam! It's more of a first attempt to work through your question.</blockquote>

[QUOTE="pemerton, post: 8885635, member: 42582"] This looks a bit tricky to me. Suppose X is a party to the OGL v 1.0/1.0a with one or more licensees. X now enters into the OGL v 1.1 with WotC. They thereby renounce their rights under OGL v 1.0/1.0a, and promise WotC that henceforth they will use v 1.1 as their licence. X is still bound by their promise to those other licensees to permit them to use X's OGC under the terms of v 1.0/1.0a. Prima facie, though, if that takes place then X is breaching their promise to WotC under v 1.1 However, if WotC is also a licensor to those other licensees under v 1.0/1.0a, then it has made the section 13 promise to them. Which means that X's prima facie breach of obligations to WotC is not actually a breach, because WotC has promised the other licensees that it can happen. What is a bit weirder, though, is if those other licensees are [i]not[/i] licensees of WotC. For instance, they might be part of a non-WotC-owned-SRD-derived ecosystem. In that case, WotC has not made any promise to them, and so X cannot honour both X's obligations to WotC and X's obligations to the other licensees. So in this case, it looks like X breached their licence obligations to those other licensees when they entered into v 1.1 with WotC. I've worked the above out as I typed it, so I don't promise that it's the prize-winning answer to the exam! It's more of a first attempt to work through your question. [/QUOTE]

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