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Question about GSL - Scott please comment
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<blockquote data-quote="jdrakeh" data-source="post: 4311959" data-attributes="member: 13892"><p>No, it the <em>OGL</em> does not. Per Section 7: </p><p></p><p></p><p></p><p>The OGL contains provisions for use of multiple licenses for different material covered within the space of a single bound volume. To answer the the original query, though, I went back and re-edited my post. </p><p></p><p>The way I understand it after close examination is. . . </p><p></p><p>WotC has no <em>obligation</em> to let you publish under the GSL. A contract cannot legally be entered into unless both parties agree to abide by its terms and conditions, and a contract must be entered into before either party can be found in breach.</p><p></p><p>So, if you publish a product under the OGL <em>first</em> and then try to re-publish it under the GSL, it's not a matter of breach because you were never a party to the terms of the GSL to begin with. You're just a trademark infringer at that point because you can't technically enter into a contract if there is no meeting of the minds with regard to specific terms and conditions. As a publisher, you can't say "I don't like that term! I'll just ignore it and publish under the GSL anyhow!" <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=";)" title="Wink ;)" data-smilie="2"data-shortname=";)" /></p><p></p><p>If you're publishing a completely <em>new</em> product under the GSL, there is no way that it can infringe upon rights granted by the OGL, because that product has not yet been published under the OGL and, therefore, the publisher has not been granted the rights therein with regard to the product in question. If they later try to republish this product, they are in breach of the only agreement that they had previously entered into: the GSL. </p><p></p><p>So, AFAICT, it's a crafty bit of legal manuevering that requires the publisher to make a choice for each new product published or each product up for reprinting: You can enter into the agreement outlined in the GSL <em>or</em> you can can publish under the OGL. You can't do both but, cleverly, neither technically infringes upon the other.</p></blockquote><p></p>
[QUOTE="jdrakeh, post: 4311959, member: 13892"] No, it the [i]OGL[/i] does not. Per Section 7: The OGL contains provisions for use of multiple licenses for different material covered within the space of a single bound volume. To answer the the original query, though, I went back and re-edited my post. The way I understand it after close examination is. . . WotC has no [I]obligation[/I] to let you publish under the GSL. A contract cannot legally be entered into unless both parties agree to abide by its terms and conditions, and a contract must be entered into before either party can be found in breach. So, if you publish a product under the OGL [I]first[/I] and then try to re-publish it under the GSL, it's not a matter of breach because you were never a party to the terms of the GSL to begin with. You're just a trademark infringer at that point because you can't technically enter into a contract if there is no meeting of the minds with regard to specific terms and conditions. As a publisher, you can't say "I don't like that term! I'll just ignore it and publish under the GSL anyhow!" ;) If you're publishing a completely [I]new[/I] product under the GSL, there is no way that it can infringe upon rights granted by the OGL, because that product has not yet been published under the OGL and, therefore, the publisher has not been granted the rights therein with regard to the product in question. If they later try to republish this product, they are in breach of the only agreement that they had previously entered into: the GSL. So, AFAICT, it's a crafty bit of legal manuevering that requires the publisher to make a choice for each new product published or each product up for reprinting: You can enter into the agreement outlined in the GSL [i]or[/i] you can can publish under the OGL. You can't do both but, cleverly, neither technically infringes upon the other. [/QUOTE]
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