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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: 8887027" data-attributes="member: 42582"><p>This makes no sense to me. If WotC has the power to unilaterally end their licence to Matt, they have the same right against you.</p><p></p><p>To put it another way: I can't see any pathway to an argument that says that Matt can lose the right from WotC at their whim and yet his sub-licensing to you is irrevocable. Whatever basis - in this hypothetical - that WotC are relying on vis-a-vis Matt would apply equally to you (as per the OP, it would be some sort of claim to rescind the agreements on which WotC had licensed its IP to OGL parties).</p><p></p><p>For the reasons I've just given I don't agree. To put it yet another way: any argument that established that section 13 is so robust that it protects your rights in the scenario you describe, would (as best I can intuit) also be an argument that WotC has no power to unilaterally terminate its agreement with Matt.</p><p></p><p>"Authorized version of this License", as that phrase appears in what you have labelled Part 2, means "version of this Licence published by WotC or one of its designated agents". Matt is not a designated agent of WotC and is not doing any authorising within the scope of section 9.</p><p></p><p>In my view there is no real ambiguity in the sections of the OGL you are pointing to. Nor in my view is the OGL an altruistic licence - it's a copyright licensing agreement which is amenable to interpretation and operation like any other contract.</p><p></p><p>When Matt entered into his licensing agreement with WotC on the terms set out in the OGL, they conferred on him a power to sub-license their OGC. Section 9 does not create this power, and says nothing about it other than that, in exercising his power, Matt can choose from any of the variant licences that WotC has promulgated for that purpose. The power is conferred on Matt by section 4, read in light of the definitions found in section 1.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8887027, member: 42582"] This makes no sense to me. If WotC has the power to unilaterally end their licence to Matt, they have the same right against you. To put it another way: I can't see any pathway to an argument that says that Matt can lose the right from WotC at their whim and yet his sub-licensing to you is irrevocable. Whatever basis - in this hypothetical - that WotC are relying on vis-a-vis Matt would apply equally to you (as per the OP, it would be some sort of claim to rescind the agreements on which WotC had licensed its IP to OGL parties). For the reasons I've just given I don't agree. To put it yet another way: any argument that established that section 13 is so robust that it protects your rights in the scenario you describe, would (as best I can intuit) also be an argument that WotC has no power to unilaterally terminate its agreement with Matt. "Authorized version of this License", as that phrase appears in what you have labelled Part 2, means "version of this Licence published by WotC or one of its designated agents". Matt is not a designated agent of WotC and is not doing any authorising within the scope of section 9. In my view there is no real ambiguity in the sections of the OGL you are pointing to. Nor in my view is the OGL an altruistic licence - it's a copyright licensing agreement which is amenable to interpretation and operation like any other contract. When Matt entered into his licensing agreement with WotC on the terms set out in the OGL, they conferred on him a power to sub-license their OGC. Section 9 does not create this power, and says nothing about it other than that, in exercising his power, Matt can choose from any of the variant licences that WotC has promulgated for that purpose. The power is conferred on Matt by section 4, read in light of the definitions found in section 1. [/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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