Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Upgrade your account to a Community Supporter account and remove most of the site ads.
Community
General Tabletop Discussion
Publishing Business & Licensing
Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 8886859" data-attributes="member: 42582"><p>There have been good replies about this from [USER=463]@S'mon[/USER] and [USER=1772]@bmcdaniel[/USER].</p><p></p><p>Some additional thoughts:</p><p></p><p>Consider an existing party, X, who has an existing licence agreement with WotC on the terms set out in the OGL v 1.0a. Under that agreement, X has permissions to reproduce OGC found in the SRD.</p><p></p><p>Now WotC have promulgated a new instrument - OGL v 1.1 - which says (more or less) that by reproducing anything in the SRD you are agreeing to be bound by this new instrument.</p><p></p><p>From the point of view of X, WotC is attempting to vary the terms of their existing licence agreement. And is, in effect, purporting to say that X's continued exercise of their rights under the existing agreement constitutes an acceptance of the variation of terms.</p><p></p><p>It seems to me, therefore, that it should be sufficient for X to protect their current position that they make plain to WotC that they don't accept that variation - eg by sending a polite note stating that they intend to continue exercising their rights under the OGL v 1.0/1.0a and not do accept the offer to vary the terms of the agreement to those set out in OGL v 1.1.</p><p></p><p>WotC does not seem to me to have any power to <em>unilaterally</em> vary the terms of its existing licence agreement with X.</p><p></p><p>(A somewhat parallel case: I recently took delivery of a household appliance I had purchased. Affixed to the appliance was a note saying that if I didn't complain within 48 hours, I accepted that the delivered appliance was in satisfactory condition. Before the 48 hours had expired I sent an email to the vendor telling them that I had read their note, that I was not going to have my professional installer doing the job within 48 hours, that I was not able myself to ascertain the condition of the appliance, and that despite their note I reserved all my rights.)</p></blockquote><p></p>
[QUOTE="pemerton, post: 8886859, member: 42582"] There have been good replies about this from [USER=463]@S'mon[/USER] and [USER=1772]@bmcdaniel[/USER]. Some additional thoughts: Consider an existing party, X, who has an existing licence agreement with WotC on the terms set out in the OGL v 1.0a. Under that agreement, X has permissions to reproduce OGC found in the SRD. Now WotC have promulgated a new instrument - OGL v 1.1 - which says (more or less) that by reproducing anything in the SRD you are agreeing to be bound by this new instrument. From the point of view of X, WotC is attempting to vary the terms of their existing licence agreement. And is, in effect, purporting to say that X's continued exercise of their rights under the existing agreement constitutes an acceptance of the variation of terms. It seems to me, therefore, that it should be sufficient for X to protect their current position that they make plain to WotC that they don't accept that variation - eg by sending a polite note stating that they intend to continue exercising their rights under the OGL v 1.0/1.0a and not do accept the offer to vary the terms of the agreement to those set out in OGL v 1.1. WotC does not seem to me to have any power to [i]unilaterally[/i] vary the terms of its existing licence agreement with X. (A somewhat parallel case: I recently took delivery of a household appliance I had purchased. Affixed to the appliance was a note saying that if I didn't complain within 48 hours, I accepted that the delivered appliance was in satisfactory condition. Before the 48 hours had expired I sent an email to the vendor telling them that I had read their note, that I was not going to have my professional installer doing the job within 48 hours, that I was not able myself to ascertain the condition of the appliance, and that despite their note I reserved all my rights.) [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
Publishing Business & Licensing
Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
Top