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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.
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<blockquote data-quote="pemerton" data-source="post: 8891108" data-attributes="member: 42582"><p>It's not clear to me what you mean here by "de-authorising". I'll canvass two meanings. And my response is only concerned with publishers who are using the OGL but are completely outside the WotC-SRD ecosystem (eg [USER=11984]@Prime_Evil[/USER] upthread mentioned the Mongoose Traveller ecosystem as an example).</p><p></p><p>If by "de-authorise" you mean <em>WotC attempts to proceed against parties who (i) reproduce the text of the OGL v 1.0/1.0a in their work but (ii) do not have a licence from WotC to use its copyrighted text</em>, then I don't see an anti-trust issue arising (though I do agree with [USER=1772]@bmcdaniel[/USER] that this is complex). Rather, it seems to me that the affected parties, if they accepted WotC's claim about copyright infringement, would have to resolve a new licence text among themselves. This could take place, it seems to me, by them all accepting a variation to section 9 of their common licence, which would permit some other party to promulgate a variant licence.</p><p></p><p>If you mean <em>WotC attempts to unilaterally withdraw all the licences that exist between these parties who have no legal relationship to WotC except that they have all promised one another to reproduce, from time to time, WotC's copyrighted text</em>, well I don't see that WotC has any such power. And I can't see a reading of section 9 of the common licence among those parties that would produce this result.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8891108, member: 42582"] It's not clear to me what you mean here by "de-authorising". I'll canvass two meanings. And my response is only concerned with publishers who are using the OGL but are completely outside the WotC-SRD ecosystem (eg [USER=11984]@Prime_Evil[/USER] upthread mentioned the Mongoose Traveller ecosystem as an example). If by "de-authorise" you mean [i]WotC attempts to proceed against parties who (i) reproduce the text of the OGL v 1.0/1.0a in their work but (ii) do not have a licence from WotC to use its copyrighted text[/i], then I don't see an anti-trust issue arising (though I do agree with [USER=1772]@bmcdaniel[/USER] that this is complex). Rather, it seems to me that the affected parties, if they accepted WotC's claim about copyright infringement, would have to resolve a new licence text among themselves. This could take place, it seems to me, by them all accepting a variation to section 9 of their common licence, which would permit some other party to promulgate a variant licence. If you mean [i]WotC attempts to unilaterally withdraw all the licences that exist between these parties who have no legal relationship to WotC except that they have all promised one another to reproduce, from time to time, WotC's copyrighted text[/i], well I don't see that WotC has any such power. And I can't see a reading of section 9 of the common licence among those parties that would produce this result. [/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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