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OGL and ORC; A Marriage made in Heaven?
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<blockquote data-quote="pemerton" data-source="post: 8905056" data-attributes="member: 42582"><p>What do you mean "entered an original RPG under the OGL v 1.0a"?</p><p></p><p>Do you mean they offer to license their work on the terms set out in the text of the OGL v 1.0a? If they offer to do that, but have not actually stated what text they are offering to license (eg they don't explain what OGC they are putting forth), then their offer probably fails to be sufficiently certain to actually be amenable to acceptance.</p><p></p><p>They are not violating any provisions of anything, as at this point they are not in any legal relationship with anyone (other than the fact that they are reproducing some text - ie the OGL - that is copyright WotC).</p><p></p><p>That is a different question. Suppose that I publish a PF1 supplement, in which I use some of Paizo's product identity, and in which I name WotC a one of the contributors and copyright holders in my section 15. There's at least an argument that in this case I have breached a contract with WotC, because there's at least an argument that I have made a contractual promise to them not to use any contributor's PI. And I have broken that promise.</p><p></p><p>But if WotC were to sue me, what would their remedy be? It won't be the same as the remedy Paizo would get if they were to sue me.</p><p></p><p>On the other hand, suppose I publish a Mongoose Traveller supplement in which I use some of Mongoose's product identity. WotC can't sue me for that, as I have not made any contractual promise to them in relation to Mongoose's material. </p><p></p><p>Section 13 doesn't need to be enforced. It sets out a condition of automatic termination of a breaching party's contract. </p><p></p><p>If WotC have used WW's OGC in their MMII, and are not conforming to the terms of their contractual promise to WW as set out in the OGL v 1.0/1.0a (whichever one is relevant), then yes, WW might have a cause of action against WotC for breach of contract and/or copyright infringement.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8905056, member: 42582"] What do you mean "entered an original RPG under the OGL v 1.0a"? Do you mean they offer to license their work on the terms set out in the text of the OGL v 1.0a? If they offer to do that, but have not actually stated what text they are offering to license (eg they don't explain what OGC they are putting forth), then their offer probably fails to be sufficiently certain to actually be amenable to acceptance. They are not violating any provisions of anything, as at this point they are not in any legal relationship with anyone (other than the fact that they are reproducing some text - ie the OGL - that is copyright WotC). That is a different question. Suppose that I publish a PF1 supplement, in which I use some of Paizo's product identity, and in which I name WotC a one of the contributors and copyright holders in my section 15. There's at least an argument that in this case I have breached a contract with WotC, because there's at least an argument that I have made a contractual promise to them not to use any contributor's PI. And I have broken that promise. But if WotC were to sue me, what would their remedy be? It won't be the same as the remedy Paizo would get if they were to sue me. On the other hand, suppose I publish a Mongoose Traveller supplement in which I use some of Mongoose's product identity. WotC can't sue me for that, as I have not made any contractual promise to them in relation to Mongoose's material. Section 13 doesn't need to be enforced. It sets out a condition of automatic termination of a breaching party's contract. If WotC have used WW's OGC in their MMII, and are not conforming to the terms of their contractual promise to WW as set out in the OGL v 1.0/1.0a (whichever one is relevant), then yes, WW might have a cause of action against WotC for breach of contract and/or copyright infringement. [/QUOTE]
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