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OGL and ORC; A Marriage made in Heaven?
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<blockquote data-quote="Alzrius" data-source="post: 8905082" data-attributes="member: 8461"><p>Would that hold true in all aspects of a potential breach of the terms of the OGL? For instance, if they were to properly declare what part of their work was Open Game Content, but didn't list a copyright notice for their own work in the Section 15 of the OGL, that's technically a failure to follow the terms of the license. So in that case, if they failed to correct that in thirty days, the license wouldn't terminate for them?</p><p></p><p>So if I'm understanding you correctly, using WotC's license isn't enough to enter into a contractual relationship with WotC? And as such, WotC has no standing to claim breach of contract if it doesn't involve their content?</p><p></p><p>I don't think grounds for a suit is necessarily what was being spoken about before. Rather, while the license <em>does</em> hold that termination occurs automatically within thirty days if a breach is found to have happened, there seems to be an expectation (perhaps mistakenly) that the party whose content was used in an OGL product where the breach occurred needs to take some sort of action in this manner.</p><p></p><p>If that's not the case, then I suppose the question is, doesn't that mean that the breaching party has <em>already</em> lost their right to use the OGL (once the thirty days has passed with no correction having taken place), as the license has terminated for them? In which case, WotC (based on the MM2 example posted above) has lost their right to post material under the OGL? (Though I suppose that might not be what "termination" entails, now that I think about it.)</p></blockquote><p></p>
[QUOTE="Alzrius, post: 8905082, member: 8461"] Would that hold true in all aspects of a potential breach of the terms of the OGL? For instance, if they were to properly declare what part of their work was Open Game Content, but didn't list a copyright notice for their own work in the Section 15 of the OGL, that's technically a failure to follow the terms of the license. So in that case, if they failed to correct that in thirty days, the license wouldn't terminate for them? So if I'm understanding you correctly, using WotC's license isn't enough to enter into a contractual relationship with WotC? And as such, WotC has no standing to claim breach of contract if it doesn't involve their content? I don't think grounds for a suit is necessarily what was being spoken about before. Rather, while the license [I]does[/I] hold that termination occurs automatically within thirty days if a breach is found to have happened, there seems to be an expectation (perhaps mistakenly) that the party whose content was used in an OGL product where the breach occurred needs to take some sort of action in this manner. If that's not the case, then I suppose the question is, doesn't that mean that the breaching party has [I]already[/I] lost their right to use the OGL (once the thirty days has passed with no correction having taken place), as the license has terminated for them? In which case, WotC (based on the MM2 example posted above) has lost their right to post material under the OGL? (Though I suppose that might not be what "termination" entails, now that I think about it.) [/QUOTE]
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