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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="masdog" data-source="post: 8890869" data-attributes="member: 7039919"><p>So...if I can try to summarize the outstanding questions...</p><p></p><p>Disclaimer - I am not a lawyer...and every question I post below is mostly rhetorical. I'm just documenting what the questions are. I'm not expecting replies to try to answer the questions as we've had 73 pages of discussion so far, and most of the answers would come down to "It depends on what the meaning of the word 'is' is" or "Reply Hazy, Try Again When There Is Litigation."</p><p></p><p>I may also post some of my understanding of what the discussion has said, but that's just my layman's understanding of the not legal advice that has been offered here. And when I say OGL 1.0 or 1.0, I'm also referring to 1.0(a). (Side note: there are too many lawyers here...and it's rubbing off on me. LOL...)</p><p></p><p>Outstanding questions (again...rhetorical, just posting to document based on my understanding of the conversation):</p><ol> <li data-xf-list-type="ol">Outside of the terms in Section 13, can the OGL be terminated or revoked?<ol> <li data-xf-list-type="ol">Can Hasbro/WotC revoke the OGL at will?</li> <li data-xf-list-type="ol">If Hasbro/WotC can revoke at will, do legal doctrines like "laches" bar this because the license and product have been released for years, they promoted an understanding that it was open, and Hasbro/Wizards had years to remedy the licensing situation before releasing OneD&D? (and my apologies if I'm misunderstanding these concepts...not a lawyer)</li> </ol></li> <li data-xf-list-type="ol">What does authorization mean in the context of the OGL since the term is not defined in the OGL itself?<ol> <li data-xf-list-type="ol">Does it mean future versions of the license that may be published by WotC or a designated agent?</li> <li data-xf-list-type="ol">Can WotC/Hasbro change the "authorization status" of the current license?</li> <li data-xf-list-type="ol">Is this a "legal diode" where a future version is considered authorized by 1.0 but 1.0 is not authorized by the future version if you adopt the newer version of the license? (ie - you can bring content forward to the new version, but you can't bring it backward to 1.0)</li> </ol></li> <li data-xf-list-type="ol">Can Hasbro/WotC 'deauthorize' the current version of WotC for existing works?<ol> <li data-xf-list-type="ol">Does this only apply to works derived from Hasbro/WotC SRDs, or all content published under the OGL?</li> <li data-xf-list-type="ol">What authority in the current license would allow this?</li> <li data-xf-list-type="ol">How would they notify everyone who has published under OGL 1.0 so they can cure any potential breech?</li> </ol></li> </ol><p>Other questions that I thought of while putting this together that I don't think have been asked:</p><ol> <li data-xf-list-type="ol">If 1.0 can be deauthorized at will, is this considered a termination of the license and in violation of Section 13?</li> <li data-xf-list-type="ol">Would deauthorizing 1.0 for all OGL-published content (not just SRD-derived content) raise anti-trust issues forcing competitors to remove competing products that do not use WotC IP from the market?</li> <li data-xf-list-type="ol">Does the OGL allow original content (not derived from another source) to be dual licensed, and would the "authorized" clause allow the licensee to choose which license to redistribute under if the other license allowed a change?</li> </ol><p>Edit: Remembered two other questions I wanted to document:</p><ol> <li data-xf-list-type="ol">If/when OGL 1.1 is released and it is a 1-way gate, who is bound by it? Would it just bind the content publisher? All of their employees?<ol> <li data-xf-list-type="ol">Would it prevent employees of a publisher using OGL 1.1 from publishing their own original content in 1.0 in a personal capacity? </li> <li data-xf-list-type="ol">Would it bind an employee of a creator, or a creator who published in a personal capacity, who published content under OGL 1.1 from working at a publisher who is publishing under OGL 1.0?</li> </ol></li> <li data-xf-list-type="ol">If/when OGL 1.1 is released and it is a 1-way gate, would it prevent publishers who publish an OGL 1.1 item from publishing OGL 1.0 content for systems that aren't derived from WotC SRD-based sources. (IE - I publish something for OneD&D, would I be barred from publishing different original content for a system like OpenD6?)</li> </ol></blockquote><p></p>
[QUOTE="masdog, post: 8890869, member: 7039919"] So...if I can try to summarize the outstanding questions... Disclaimer - I am not a lawyer...and every question I post below is mostly rhetorical. I'm just documenting what the questions are. I'm not expecting replies to try to answer the questions as we've had 73 pages of discussion so far, and most of the answers would come down to "It depends on what the meaning of the word 'is' is" or "Reply Hazy, Try Again When There Is Litigation." I may also post some of my understanding of what the discussion has said, but that's just my layman's understanding of the not legal advice that has been offered here. And when I say OGL 1.0 or 1.0, I'm also referring to 1.0(a). (Side note: there are too many lawyers here...and it's rubbing off on me. LOL...) Outstanding questions (again...rhetorical, just posting to document based on my understanding of the conversation): [LIST=1] [*]Outside of the terms in Section 13, can the OGL be terminated or revoked? [LIST=1] [*]Can Hasbro/WotC revoke the OGL at will? [*]If Hasbro/WotC can revoke at will, do legal doctrines like "laches" bar this because the license and product have been released for years, they promoted an understanding that it was open, and Hasbro/Wizards had years to remedy the licensing situation before releasing OneD&D? (and my apologies if I'm misunderstanding these concepts...not a lawyer) [/LIST] [*]What does authorization mean in the context of the OGL since the term is not defined in the OGL itself? [LIST=1] [*]Does it mean future versions of the license that may be published by WotC or a designated agent? [*]Can WotC/Hasbro change the "authorization status" of the current license? [*]Is this a "legal diode" where a future version is considered authorized by 1.0 but 1.0 is not authorized by the future version if you adopt the newer version of the license? (ie - you can bring content forward to the new version, but you can't bring it backward to 1.0) [/LIST] [*]Can Hasbro/WotC 'deauthorize' the current version of WotC for existing works? [LIST=1] [*]Does this only apply to works derived from Hasbro/WotC SRDs, or all content published under the OGL? [*]What authority in the current license would allow this? [*]How would they notify everyone who has published under OGL 1.0 so they can cure any potential breech? [/LIST] [/LIST] Other questions that I thought of while putting this together that I don't think have been asked: [LIST=1] [*]If 1.0 can be deauthorized at will, is this considered a termination of the license and in violation of Section 13? [*]Would deauthorizing 1.0 for all OGL-published content (not just SRD-derived content) raise anti-trust issues forcing competitors to remove competing products that do not use WotC IP from the market? [*]Does the OGL allow original content (not derived from another source) to be dual licensed, and would the "authorized" clause allow the licensee to choose which license to redistribute under if the other license allowed a change? [/LIST] Edit: Remembered two other questions I wanted to document: [LIST=1] [*]If/when OGL 1.1 is released and it is a 1-way gate, who is bound by it? Would it just bind the content publisher? All of their employees? [LIST=1] [*]Would it prevent employees of a publisher using OGL 1.1 from publishing their own original content in 1.0 in a personal capacity? [*]Would it bind an employee of a creator, or a creator who published in a personal capacity, who published content under OGL 1.1 from working at a publisher who is publishing under OGL 1.0? [/LIST] [*]If/when OGL 1.1 is released and it is a 1-way gate, would it prevent publishers who publish an OGL 1.1 item from publishing OGL 1.0 content for systems that aren't derived from WotC SRD-based sources. (IE - I publish something for OneD&D, would I be barred from publishing different original content for a system like OpenD6?) [/LIST] [/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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