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(MM2) WotC violates the OGL...
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<blockquote data-quote="Tir Gwaith" data-source="post: 377058" data-attributes="member: 6394"><p>Clark, I think we are talking Apples and Oranges.</p><p></p><p>I've exchanged Emails with AV, and it seems they licenced/made and agreement with you on using your non-OGC monster (IP) and released it with their book. Which means they didn't have to open it up with the OGL (since they own the other aspect, the d20 System stuff) unless you stipulated that in your agreement. Not sure if they needed your approval to open it up (a version of your IP) or not. Not a lawyer.</p><p></p><p>That makes sense. Very muddy, IMO, but correct. Except they released <strong>using the OGL.</strong> They could release it as derivative (via OGC), or new (via IP). They are releasing "new" content using the OGL, having licenced the IP from you or something to that effect. Now, they can do that 2 ways, if I read it correctly. </p><p></p><p>1) release "new" content into the OGC pool, by listing their work in Section 15 according to Sec. 6's rules. (Name of work, Copyright date, Copyright holder)</p><p>2) use your OGC material, call it a derivative work, and include the exact statement from the CC1's Sec. 15 ("d20 System Refernce Document, Copyright 2000, Wizards of the Coast, Inc.")</p><p></p><p>I'm not a lawyer, but I can't see a way to NOT include some (non-SRD) OGC without a reference to where it came from in the Section 15 (unless the original source had NO entry under Sec. 15, which doesn't apply in this case.)</p><p></p><p>Clark, I'm eager to hear your opinion on this after you get your hands on a copy of the MM2. Cause to me, it looks like they made the same mistake you did several years ago when you released the CC1. Okay, a lot of publishers have made that mistake over the years.. But everyone learns. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /></p><p></p><p></p><p>DISCLAIMER: This is <strong>MY</strong> opinion. I am not a lawyer (though I think I need to retain one), and these are not the opinions of the PCGen Team.</p></blockquote><p></p>
[QUOTE="Tir Gwaith, post: 377058, member: 6394"] Clark, I think we are talking Apples and Oranges. I've exchanged Emails with AV, and it seems they licenced/made and agreement with you on using your non-OGC monster (IP) and released it with their book. Which means they didn't have to open it up with the OGL (since they own the other aspect, the d20 System stuff) unless you stipulated that in your agreement. Not sure if they needed your approval to open it up (a version of your IP) or not. Not a lawyer. That makes sense. Very muddy, IMO, but correct. Except they released [B]using the OGL.[/B] They could release it as derivative (via OGC), or new (via IP). They are releasing "new" content using the OGL, having licenced the IP from you or something to that effect. Now, they can do that 2 ways, if I read it correctly. 1) release "new" content into the OGC pool, by listing their work in Section 15 according to Sec. 6's rules. (Name of work, Copyright date, Copyright holder) 2) use your OGC material, call it a derivative work, and include the exact statement from the CC1's Sec. 15 ("d20 System Refernce Document, Copyright 2000, Wizards of the Coast, Inc.") I'm not a lawyer, but I can't see a way to NOT include some (non-SRD) OGC without a reference to where it came from in the Section 15 (unless the original source had NO entry under Sec. 15, which doesn't apply in this case.) Clark, I'm eager to hear your opinion on this after you get your hands on a copy of the MM2. Cause to me, it looks like they made the same mistake you did several years ago when you released the CC1. Okay, a lot of publishers have made that mistake over the years.. But everyone learns. :) DISCLAIMER: This is [B]MY[/B] opinion. I am not a lawyer (though I think I need to retain one), and these are not the opinions of the PCGen Team. [/QUOTE]
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