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OGL and ORC; A Marriage made in Heaven?
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<blockquote data-quote="Alzrius" data-source="post: 8905155" data-attributes="member: 8461"><p>Okay, I think we're getting down to the crux of the issue, here. Section 3 states that you accept the terms of the OGL (which sounds like acceptance of an offer, as per that Section's title "Offer and Acceptance") if you use Open Game Content. And while 1(g) defines "use" as including the use of "Derivative Material of Open Game Content," 1(b) holds that "Derivative Material" means copyrighted material, which would be the case for the Open Game Content in the scenario I described above (i.e. where someone created an original RPG, using no Open Game Content from anyone else, and published it as per the terms of the OGL, breach notwithstanding). While 1(b) goes on to say that copyrighted material includes derivative works and translations, it doesn't say it's limited to those things, so in that sense the use of "Derivative Material" seems to include original copyrighted material (as counterintuitive as that seems). So creating original Open Game Content (which you designate as such) of your own would count in that regard.</p><p></p><p>To that extent, doesn't that mean that there is a license, as per Section 3? And if so, wouldn't that be with WotC?</p><p></p><p>So, presuming I'm understanding you correctly, a breach of the OGL essentially does nothing unto itself, but rather opens the breaching party up to possible litigation...not from the owner of the OGL (i.e. Hasbro), but from other entities whose Open Game Content is used in the breaching product (provided it's not corrected within thirty days)? Given that, what's the practical aspect of "termination" of the License for a breaching party?</p></blockquote><p></p>
[QUOTE="Alzrius, post: 8905155, member: 8461"] Okay, I think we're getting down to the crux of the issue, here. Section 3 states that you accept the terms of the OGL (which sounds like acceptance of an offer, as per that Section's title "Offer and Acceptance") if you use Open Game Content. And while 1(g) defines "use" as including the use of "Derivative Material of Open Game Content," 1(b) holds that "Derivative Material" means copyrighted material, which would be the case for the Open Game Content in the scenario I described above (i.e. where someone created an original RPG, using no Open Game Content from anyone else, and published it as per the terms of the OGL, breach notwithstanding). While 1(b) goes on to say that copyrighted material includes derivative works and translations, it doesn't say it's limited to those things, so in that sense the use of "Derivative Material" seems to include original copyrighted material (as counterintuitive as that seems). So creating original Open Game Content (which you designate as such) of your own would count in that regard. To that extent, doesn't that mean that there is a license, as per Section 3? And if so, wouldn't that be with WotC? So, presuming I'm understanding you correctly, a breach of the OGL essentially does nothing unto itself, but rather opens the breaching party up to possible litigation...not from the owner of the OGL (i.e. Hasbro), but from other entities whose Open Game Content is used in the breaching product (provided it's not corrected within thirty days)? Given that, what's the practical aspect of "termination" of the License for a breaching party? [/QUOTE]
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