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OGL and ORC; A Marriage made in Heaven?
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<blockquote data-quote="pemerton" data-source="post: 8905560" data-attributes="member: 42582"><p>Not quite. When a person who owns some copyrighted text offers to licence that text to all the world on the terms of the OGL, then section 3 sets out the basis on which acceptance of that offer can occur.</p><p></p><p>The offer is made by the owner of the copyright in the OGC. The acceptance occurs upon using that OGC with the intention, in doing so, to enter into the licence agreement. (There can be technical questions about whether "intention" is quite the right concept, and exactly how it is established, but I don't think they matter to this discussion.)</p><p></p><p>You haven't considered <em>which</em> OGC must be used to constitute acceptance of the offer; nor who the offer is coming from and hence who the contract arises between.</p><p></p><p>What you say here about the interpretation of section 1(b) does not seem very plausible. The reason for mentioning "copyrighted material" is to make clear that material in which copyright is not or cannot be enjoyed (perhaps because it is in the public domain) is not capable of being OGC. Of necessity, OGC is content in which someone owns the copyright.</p><p></p><p>But in any event, it doesn't matter. Using OGC includes both reproducing that content, or publishing content that is derivative of it. Either thing is sufficient to accept the contract.</p><p></p><p>This is not the case. When Mongoose or Evil Hat publish their SRDs and offer to the world to license them on the terms set out in the OGL, they are not <em>using</em> any of <em>the</em> OGC in respect of which WotC made an offer. They do not enter into any legal relationship with WotC except as I set out above: (i) they are obliging their licensees to reproduce, under certain circumstances, text in which WotC claims the copyright; and (ii) they are conferring a permission on their licensees to use their OGC not only under the terms of the OGL v 1.0/1.0a, but any other version of the licence that WotC might publish pursuant to section 9.</p><p></p><p>Your analysis is mistaken for the reasons I've set out.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8905560, member: 42582"] Not quite. When a person who owns some copyrighted text offers to licence that text to all the world on the terms of the OGL, then section 3 sets out the basis on which acceptance of that offer can occur. The offer is made by the owner of the copyright in the OGC. The acceptance occurs upon using that OGC with the intention, in doing so, to enter into the licence agreement. (There can be technical questions about whether "intention" is quite the right concept, and exactly how it is established, but I don't think they matter to this discussion.) You haven't considered [i]which[/i] OGC must be used to constitute acceptance of the offer; nor who the offer is coming from and hence who the contract arises between. What you say here about the interpretation of section 1(b) does not seem very plausible. The reason for mentioning "copyrighted material" is to make clear that material in which copyright is not or cannot be enjoyed (perhaps because it is in the public domain) is not capable of being OGC. Of necessity, OGC is content in which someone owns the copyright. But in any event, it doesn't matter. Using OGC includes both reproducing that content, or publishing content that is derivative of it. Either thing is sufficient to accept the contract. This is not the case. When Mongoose or Evil Hat publish their SRDs and offer to the world to license them on the terms set out in the OGL, they are not [i]using[/i] any of [i]the[/i] OGC in respect of which WotC made an offer. They do not enter into any legal relationship with WotC except as I set out above: (i) they are obliging their licensees to reproduce, under certain circumstances, text in which WotC claims the copyright; and (ii) they are conferring a permission on their licensees to use their OGC not only under the terms of the OGL v 1.0/1.0a, but any other version of the licence that WotC might publish pursuant to section 9. Your analysis is mistaken for the reasons I've set out. [/QUOTE]
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