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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: 8916989" data-attributes="member: 42582"><p>First, I recall my lecturers teaching me that legal drafting - especially when it comes to lists - frequently omits commas that would be included in more "natural language" drafting.</p><p></p><p>Second, I look at the list, keeping in mind the overall context of the instrument, and see that it doesn't make sense unless read with those commas notionally interpolated. </p><p></p><p>It obvious that "Use" includes <em>using OGC</em> or <em>copying OGC</em>, not using or copying Derivative Material of OGC which doesn't really make sense (eg if I am the first party to take up WotC's offer to license their SRD, there is not as yet any derivative material of their OGC for me to use or copy; and even if there was, they wouldn't have the authority as per section 5 to license it, as they would not be the holders of the copyright in it; and furthermore section 9, which is clearly meant to interact with the permissions granted in section 4, refers to copying etc OGC).</p><p></p><p>Thus, the meaning of the list is <em>to use, Distribute, copy, edit, format, modify, translate<strong>,</strong> and otherwise create Derivative Material of<strong>,</strong> Open Game Content</em> (bolded commas interpolated by me).</p></blockquote><p></p>
[QUOTE="pemerton, post: 8916989, member: 42582"] First, I recall my lecturers teaching me that legal drafting - especially when it comes to lists - frequently omits commas that would be included in more "natural language" drafting. Second, I look at the list, keeping in mind the overall context of the instrument, and see that it doesn't make sense unless read with those commas notionally interpolated. It obvious that "Use" includes [i]using OGC[/i] or [i]copying OGC[/i], not using or copying Derivative Material of OGC which doesn't really make sense (eg if I am the first party to take up WotC's offer to license their SRD, there is not as yet any derivative material of their OGC for me to use or copy; and even if there was, they wouldn't have the authority as per section 5 to license it, as they would not be the holders of the copyright in it; and furthermore section 9, which is clearly meant to interact with the permissions granted in section 4, refers to copying etc OGC). Thus, the meaning of the list is [i]to use, Distribute, copy, edit, format, modify, translate[b],[/b] and otherwise create Derivative Material of[b],[/b] Open Game Content[/i] (bolded commas interpolated by me). [/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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