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Legal Discussion of OGL 1.2
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<blockquote data-quote="pemerton" data-source="post: 8908592" data-attributes="member: 42582"><p>I don't see that there is any such implication. WotC has not and does not claim to be able to control the terms on which other parties enter into contracts with one another.</p><p></p><p>You've probably read my posts that say people are reading the OGL as a statute. This is another example: people are treating WotC as a legislator who can govern contracts to which it is not a party by creating laws of general force. But WotC cannot do that, and has never claimed to do so. All its statements about the OGL v 1.0a have been about <em>its offers to license</em> and <em>its licence agreements</em>.</p><p></p><p>Frankly, I don't think WotC gives a toss about what Mongoose does with its game. Why would WotC care whether that ecosystem is licensed under the OGL or ORC or CC or any other licence?</p><p></p><p>I don't see how this can happen. WotC has never claimed this power as best I can see, as per just above in this post.</p><p></p><p>OGL v 1.2 isn't a viral licence in any form - agreed. (I posted an analysis of its non-viral character in one of the threads, and I think I pointed you to it.)</p><p></p><p>On the other hand, I don't see any obvious obstacle to publishing a work that includes WotC licensed content under OGL v 1.2 together with OGC that is licensed under the OGL v 1.0a and is not in any fashion connected to WotC's copyrighted OGC. (I wouldn't want to try and include any WotC-connected OGC - that would probably be a breach of the terms of OGL v 1.2.)</p><p></p><p>If you want to somehow combine or integrate the WotC licensed content and the other OGC it becomes trickier, depending on the details I would say.</p><p></p><p>If your OGC includes content that means that distributing it might violate WotC's copyright, then as I posted above it becomes trickier. The details start to matter.</p><p></p><p>Here's what seems to me to be the core of the notice of deauthorisation:</p><p></p><p style="margin-left: 20px">NOTICE OF DEAUTHORIZATION OF OGL 1.0a. The Open Game License 1.0a is no longer an authorized license. This</p> <p style="margin-left: 20px">means that you may not use that version of the OGL, or any prior version, to publish SRD content after (effective date).</p><p></p><p>It seems pretty clear to me. They are talking about the licensing of their copyrighted work.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8908592, member: 42582"] I don't see that there is any such implication. WotC has not and does not claim to be able to control the terms on which other parties enter into contracts with one another. You've probably read my posts that say people are reading the OGL as a statute. This is another example: people are treating WotC as a legislator who can govern contracts to which it is not a party by creating laws of general force. But WotC cannot do that, and has never claimed to do so. All its statements about the OGL v 1.0a have been about [i]its offers to license[/i] and [i]its licence agreements[/i]. Frankly, I don't think WotC gives a toss about what Mongoose does with its game. Why would WotC care whether that ecosystem is licensed under the OGL or ORC or CC or any other licence? I don't see how this can happen. WotC has never claimed this power as best I can see, as per just above in this post. OGL v 1.2 isn't a viral licence in any form - agreed. (I posted an analysis of its non-viral character in one of the threads, and I think I pointed you to it.) On the other hand, I don't see any obvious obstacle to publishing a work that includes WotC licensed content under OGL v 1.2 together with OGC that is licensed under the OGL v 1.0a and is not in any fashion connected to WotC's copyrighted OGC. (I wouldn't want to try and include any WotC-connected OGC - that would probably be a breach of the terms of OGL v 1.2.) If you want to somehow combine or integrate the WotC licensed content and the other OGC it becomes trickier, depending on the details I would say. If your OGC includes content that means that distributing it might violate WotC's copyright, then as I posted above it becomes trickier. The details start to matter. Here's what seems to me to be the core of the notice of deauthorisation: [indent]NOTICE OF DEAUTHORIZATION OF OGL 1.0a. The Open Game License 1.0a is no longer an authorized license. This means that you may not use that version of the OGL, or any prior version, to publish SRD content after (effective date).[/indent] It seems pretty clear to me. They are talking about the licensing of their copyrighted work. [/QUOTE]
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