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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: 8886755" data-attributes="member: 42582"><p>Re your bolded sentence - only if you are in an agreement with WotC. Mongoose cannot license WotC's copyrighted licence text to you. In that case, you are relying on some other express or implicit permission granted by WotC to use their copyrighted licence text for your purposes.</p><p></p><p>Various posts upthread (including my own 479) have conjectured where such a permission might be found.</p><p></p><p>Re your underlined sentence - you are treating the OGL as if it's a statute. It's not. If you and Mongoose and Jason Kemp have entered into licensing agreements on the terms set out in the OGL then (subject to general principles that govern the validity of contracts) you have made valid contracts among yourselves. WotC has nothing to do with this, except that you and Mongoose and Jason Kemp have all promised one another to reproduce WotC's licensed text under certain conditions, so you may have trouble upholding your contractual promises if WotC is in fact able to insist that you not do that.</p><p></p><p>Hence, again, why you may wish to consider where any express or implicit permissions were granted.</p><p></p><p>But also pay attention to [USER=20741]@Steel_Wind[/USER]'s point upthread: this may be purely academic. Is there any reason, at this stage, to think that WotC cares at all about the licensing agreements you, Mongoose and Jason Kemp have made among yourselves?</p></blockquote><p></p>
[QUOTE="pemerton, post: 8886755, member: 42582"] Re your bolded sentence - only if you are in an agreement with WotC. Mongoose cannot license WotC's copyrighted licence text to you. In that case, you are relying on some other express or implicit permission granted by WotC to use their copyrighted licence text for your purposes. Various posts upthread (including my own 479) have conjectured where such a permission might be found. Re your underlined sentence - you are treating the OGL as if it's a statute. It's not. If you and Mongoose and Jason Kemp have entered into licensing agreements on the terms set out in the OGL then (subject to general principles that govern the validity of contracts) you have made valid contracts among yourselves. WotC has nothing to do with this, except that you and Mongoose and Jason Kemp have all promised one another to reproduce WotC's licensed text under certain conditions, so you may have trouble upholding your contractual promises if WotC is in fact able to insist that you not do that. Hence, again, why you may wish to consider where any express or implicit permissions were granted. But also pay attention to [USER=20741]@Steel_Wind[/USER]'s point upthread: this may be purely academic. Is there any reason, at this stage, to think that WotC cares at all about the licensing agreements you, Mongoose and Jason Kemp have made among yourselves? [/QUOTE]
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Community
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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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