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Legal Discussion of OGL 1.2
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<blockquote data-quote="Saracenus" data-source="post: 8908285" data-attributes="member: 47839"><p>Ted from Nerd Immersion has done a breakdown of the "OGL" 1.2 Draft with Noah Downs, Esq. (AKA MyLawyerFriend). Noah works and his firm work on IP for digital and tabletop creatives. You can read his Medium post here: <a href="https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbVFJRUhpUTZSLUNTMUhVR3RtX0lDc1BUM3d0QXxBQ3Jtc0tuNi1QdnhxMTRtVm84OWJlZEFZRFVsZVYxVDJhWGpZejJuOHhPYWVMODVNcGtSSWlWemg1R3pXMTE3c29zWTVtUktoeWNmOE9EODhwV3hMbjdBVmlxTmR6eV9LNzV3bnV1M2xHckxWUkxZV2JNdHlHRQ&q=https%3A%2F%2Fmedium.com%2F%40MyLawyerFriend%2Flets-take-a-minute-to-talk-about-d-d-s-updated-open-game-license-ogl-1-2-5b95fe8889b2&v=ZDXly9JUbG4" target="_blank">Let’s Take A Minute to Talk About D&D’s Updated Open Game License (OGL 1.2).</a></p><p></p><p>I have started the vid 2:30 minutes in because they were having technical difficulties with Zoom and it really doesn't begin until then. Noah's segment finishes up around the 1 hour, 10 minute mark.</p><p>[MEDIA=youtube]ZDXly9JUbG4:147[/MEDIA]</p><p></p><p>Some quick takes:</p><ul> <li data-xf-list-type="ul">Most of it is standard boilerplate common to modern licenses used today.</li> <li data-xf-list-type="ul">They do have the word "irrevocable" in the OGL 1.2 but they put a bunch of weasel language around it that changes the legal definition of the term via the contract. So, if you sign it in its current form, you are agreeing with their version of "irrevocable."</li> <li data-xf-list-type="ul">It is highly likely that the OGL 1.0a is going to be revoked and only a lawsuit in court is going to determine it's fate. Noah doesn't want Paizo to be the plaintiff but support financially another party in their case so that Paizo doesn't go down if the courts give WotC/Hasbro everything.</li> <li data-xf-list-type="ul"><strong>EDIT (Add)</strong>: There is some tricky stuff in this draft. Noah referrers to as a "four corners" language that basically means, if it is not in the contract it doesn't exist. So they say there are no royalties in the OGL draft but it does not explicitly say that there will never be royalties. So, whatever they say on D&D Beyond, or Twitter, or on a phone call means jack all if it isn't in writing explicitly in the new OGL. This is a section I need to re-watch as it seems more complicated then I am writing here.</li> <li data-xf-list-type="ul">Ultimately, this was light years more professional than the last "draft" and they do seem to be listening. Still not where it needs to be but better.</li> </ul><p>I watched it live and I will have to watch it again to understand some of Noah's points but overall it is an informed opinion on the subject.</p></blockquote><p></p>
[QUOTE="Saracenus, post: 8908285, member: 47839"] Ted from Nerd Immersion has done a breakdown of the "OGL" 1.2 Draft with Noah Downs, Esq. (AKA MyLawyerFriend). Noah works and his firm work on IP for digital and tabletop creatives. You can read his Medium post here: [URL='https://www.youtube.com/redirect?event=video_description&redir_token=QUFFLUhqbVFJRUhpUTZSLUNTMUhVR3RtX0lDc1BUM3d0QXxBQ3Jtc0tuNi1QdnhxMTRtVm84OWJlZEFZRFVsZVYxVDJhWGpZejJuOHhPYWVMODVNcGtSSWlWemg1R3pXMTE3c29zWTVtUktoeWNmOE9EODhwV3hMbjdBVmlxTmR6eV9LNzV3bnV1M2xHckxWUkxZV2JNdHlHRQ&q=https%3A%2F%2Fmedium.com%2F%40MyLawyerFriend%2Flets-take-a-minute-to-talk-about-d-d-s-updated-open-game-license-ogl-1-2-5b95fe8889b2&v=ZDXly9JUbG4']Let’s Take A Minute to Talk About D&D’s Updated Open Game License (OGL 1.2).[/URL] I have started the vid 2:30 minutes in because they were having technical difficulties with Zoom and it really doesn't begin until then. Noah's segment finishes up around the 1 hour, 10 minute mark. [MEDIA=youtube]ZDXly9JUbG4:147[/MEDIA] Some quick takes: [LIST] [*]Most of it is standard boilerplate common to modern licenses used today. [*]They do have the word "irrevocable" in the OGL 1.2 but they put a bunch of weasel language around it that changes the legal definition of the term via the contract. So, if you sign it in its current form, you are agreeing with their version of "irrevocable." [*]It is highly likely that the OGL 1.0a is going to be revoked and only a lawsuit in court is going to determine it's fate. Noah doesn't want Paizo to be the plaintiff but support financially another party in their case so that Paizo doesn't go down if the courts give WotC/Hasbro everything. [*][B]EDIT (Add)[/B]: There is some tricky stuff in this draft. Noah referrers to as a "four corners" language that basically means, if it is not in the contract it doesn't exist. So they say there are no royalties in the OGL draft but it does not explicitly say that there will never be royalties. So, whatever they say on D&D Beyond, or Twitter, or on a phone call means jack all if it isn't in writing explicitly in the new OGL. This is a section I need to re-watch as it seems more complicated then I am writing here. [*]Ultimately, this was light years more professional than the last "draft" and they do seem to be listening. Still not where it needs to be but better. [/LIST] I watched it live and I will have to watch it again to understand some of Noah's points but overall it is an informed opinion on the subject. [/QUOTE]
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