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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="Matt Thomason" data-source="post: 8891885" data-attributes="member: 6777331"><p>It seems to me that as the license itself <em>requires</em> you to sublicense your work under it , then being unable to revoke/de-authorize it means the license's own requirements requring you to pass on those same rights you had keep that license alive - you're <em>required</em> to open a part of your work (even if it's just the bits you used from other sources) via the OGL if you use it, which means you're then making an offer of that same license, under that license. It feels quite recursive in that manner - if you can't shut it down at the "top", you've no way to shut down the chain further down either or from it continuing.</p><p></p><p>I can see an argument that the use of the SRD itself could be pulled from future use, but what that doesn't seem to do is prevent other people's republishing of SRD content from being licensed. The license doesn't just give you a right to <em>publish</em>, it gives you a right (and in fact, an obligation) to <em>sublicense</em>.</p><p></p><p>What you <em>couldn't</em> do, I believe, is assume that a copy of a 3PP 4-page PDF entitles you to use the SRD, only the bits of the SRD used in that 4-page PDF.</p><p></p><p>However, it's currently perfectly legal as a 3PP to republish the <em>OGC text of the SRD verbatim</em> as your own product under the OGL (important note - the TEXT, you <em>cannot</em> simply clone the PDF with WotC's formatting, choice of fonts, etc.). Therefore, <em>if</em> the OGL 1.0a is still legal for that published copy (which is the big question to answer), then it seems to me the terms within requiring sublicensing are <em>also</em> still legal, as long as you follow your obligations properly (including the proper S15 credits to both that republished version of the SRD and everything <em>it</em> references, including WotC)</p></blockquote><p></p>
[QUOTE="Matt Thomason, post: 8891885, member: 6777331"] It seems to me that as the license itself [I]requires[/I] you to sublicense your work under it , then being unable to revoke/de-authorize it means the license's own requirements requring you to pass on those same rights you had keep that license alive - you're [I]required[/I] to open a part of your work (even if it's just the bits you used from other sources) via the OGL if you use it, which means you're then making an offer of that same license, under that license. It feels quite recursive in that manner - if you can't shut it down at the "top", you've no way to shut down the chain further down either or from it continuing. I can see an argument that the use of the SRD itself could be pulled from future use, but what that doesn't seem to do is prevent other people's republishing of SRD content from being licensed. The license doesn't just give you a right to [I]publish[/I], it gives you a right (and in fact, an obligation) to [I]sublicense[/I]. What you [I]couldn't[/I] do, I believe, is assume that a copy of a 3PP 4-page PDF entitles you to use the SRD, only the bits of the SRD used in that 4-page PDF. However, it's currently perfectly legal as a 3PP to republish the [I]OGC text of the SRD verbatim[/I] as your own product under the OGL (important note - the TEXT, you [I]cannot[/I] simply clone the PDF with WotC's formatting, choice of fonts, etc.). Therefore, [I]if[/I] the OGL 1.0a is still legal for that published copy (which is the big question to answer), then it seems to me the terms within requiring sublicensing are [I]also[/I] still legal, as long as you follow your obligations properly (including the proper S15 credits to both that republished version of the SRD and everything [I]it[/I] references, including WotC) [/QUOTE]
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Community
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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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