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="DavyGreenwind" data-source="post: 8890210" data-attributes="member: 7035905"><p>Great question! Yes, there is a distinction between revoking the license and terminating the agreement.</p><p></p><p>An important, complex point is the difference between the license itself and the licensing agreement. A "license" is not a contract, but rather a limited permission to use a property not owned by the user. The license is the subject (i.e. the product received) of a contract, the contract being the licensing agreement. Often on licensing practice, the two entities will be part of the same document, but they are legally distinct.</p><p></p><p>That's why interpreting the license merely with contract law will yield an incomplete picture. A licensing agreement is a contract between two parties, but a license is simply a set of permissions and conditions regarding a piece of property.</p><p></p><p>So back to termination and revocation. "Termination" is something that happens to a licensing agreement, when an agreement is broken between two specific parties as a result of breach or some other event.</p><p></p><p>"Revocation," as I have been using it in this thread, means the withdrawal of the license itself, regarding the property. (Sometimes revocation has a different meaning in contract law, but here we are talking about revoking a license). No new licensing agreements can be made, because the license would no longer exist.</p><p></p><p>There is a small chance that someone suing WotC or vice versa can claim that revoking the license is a breach of the licensing agreement, and win because of reliance or something. But even then, the winning party might only be entitled to damages (compensation for lost revenue), rather than specific performance (a court order to keep the license open), as specific performance is disfavored by US Courts (less so in Europe). </p><p></p><p>It could end up in a situation where WotC has to pay damages to certain companies, but they still get to revoke the license.</p></blockquote><p></p>
[QUOTE="DavyGreenwind, post: 8890210, member: 7035905"] Great question! Yes, there is a distinction between revoking the license and terminating the agreement. An important, complex point is the difference between the license itself and the licensing agreement. A "license" is not a contract, but rather a limited permission to use a property not owned by the user. The license is the subject (i.e. the product received) of a contract, the contract being the licensing agreement. Often on licensing practice, the two entities will be part of the same document, but they are legally distinct. That's why interpreting the license merely with contract law will yield an incomplete picture. A licensing agreement is a contract between two parties, but a license is simply a set of permissions and conditions regarding a piece of property. So back to termination and revocation. "Termination" is something that happens to a licensing agreement, when an agreement is broken between two specific parties as a result of breach or some other event. "Revocation," as I have been using it in this thread, means the withdrawal of the license itself, regarding the property. (Sometimes revocation has a different meaning in contract law, but here we are talking about revoking a license). No new licensing agreements can be made, because the license would no longer exist. There is a small chance that someone suing WotC or vice versa can claim that revoking the license is a breach of the licensing agreement, and win because of reliance or something. But even then, the winning party might only be entitled to damages (compensation for lost revenue), rather than specific performance (a court order to keep the license open), as specific performance is disfavored by US Courts (less so in Europe). It could end up in a situation where WotC has to pay damages to certain companies, but they still get to revoke the license. [/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