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Legal Discussion of OGL 1.2
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<blockquote data-quote="Matt Thomason" data-source="post: 8908502" data-attributes="member: 6777331"><p>Something I realised last night.</p><p>1.0a's viral nature didn't just provide a tidy mechanism for rolling all OGC creators into section 15 on a single license. It also meant your licensor(s) were the producers of the products you were using directly. If I understand correctly, you had <em>no</em> license with the upstream producers.</p><p></p><p>And this is where I need some clarification on the nature of viral licenses. By my understanding:</p><p></p><p>If I create my product using the Mongoose Pocket Player's Handbook, my OGL for that product is between me and Mongoose. Even though WotC IP is in there, WotC licensed their SRD to Mongoose, Mongoose then licensed their own content under their modified copy of the OGL and <em>sublicensed</em> the WotC content to me. There is no agreement formed directly between me and WotC.</p><p></p><p>1.2 does not work like this at all. It does not roll multiple sources into a single license, and makes no sublicensing provision. You only ever explicitly license <em>your</em> content out seperately to the 1.2 licence between you and WotC giving you access to their SRD. It is not viral, you do not sublicense the 1.2 content you are using. Under 1.2 you make <em>no offer</em> directly to the reader to issue them a license, except that which you may include seperately (e.g. by putting a CC license in your book or by using an OGL 1.0a-alike license to licence your Open Game Content)</p><p>It seems to me this was likely done specifically to prevent the sublicensing issue that currently exists under 1.0a, where a third party is sublicensing WotC content to people, with WotC having no power over that sublicense. It's obvious at this point that every single difference between 1.0a and 1.2 is to hand more control to WotC that they do not legally enjoy at the moment.</p><p></p><p>Now everyone <em>has</em> to go directly to WotC to get their 1.2 license that is explictly between them and WotC, and which explicitly only covers WotC content.</p></blockquote><p></p>
[QUOTE="Matt Thomason, post: 8908502, member: 6777331"] Something I realised last night. 1.0a's viral nature didn't just provide a tidy mechanism for rolling all OGC creators into section 15 on a single license. It also meant your licensor(s) were the producers of the products you were using directly. If I understand correctly, you had [I]no[/I] license with the upstream producers. And this is where I need some clarification on the nature of viral licenses. By my understanding: If I create my product using the Mongoose Pocket Player's Handbook, my OGL for that product is between me and Mongoose. Even though WotC IP is in there, WotC licensed their SRD to Mongoose, Mongoose then licensed their own content under their modified copy of the OGL and [I]sublicensed[/I] the WotC content to me. There is no agreement formed directly between me and WotC. 1.2 does not work like this at all. It does not roll multiple sources into a single license, and makes no sublicensing provision. You only ever explicitly license [I]your[/I] content out seperately to the 1.2 licence between you and WotC giving you access to their SRD. It is not viral, you do not sublicense the 1.2 content you are using. Under 1.2 you make [I]no offer[/I] directly to the reader to issue them a license, except that which you may include seperately (e.g. by putting a CC license in your book or by using an OGL 1.0a-alike license to licence your Open Game Content) It seems to me this was likely done specifically to prevent the sublicensing issue that currently exists under 1.0a, where a third party is sublicensing WotC content to people, with WotC having no power over that sublicense. It's obvious at this point that every single difference between 1.0a and 1.2 is to hand more control to WotC that they do not legally enjoy at the moment. Now everyone [I]has[/I] to go directly to WotC to get their 1.2 license that is explictly between them and WotC, and which explicitly only covers WotC content. [/QUOTE]
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