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Message: <blockquote data-quote="Delta" data-source="post: 4316167" data-attributes="member: 40269">Obviously the GSL is a hot issue -- as evidenced by an opinion piece posted on the front page of ENWorld at the moment (I assume by Morrus). As stated there, some of the items mentioned are obvious, but I don't think they all are. If it had been posted in the context of a thread there would be a lot of debate around it -- briefly, here are the items that don't seem correct to me:(1) "What? I can't release software under the GSL? Not under the GSL you can't, no. You couldn't under the old d20 STL, either."Actually, you could release software under the "old" d20 STL. The following is still up at Wizards.com under their "Software FAQ" (discussing both OGL & d20 STL, <a href="http://www.wizards.com/default.asp?x=d20/oglfaq/20040123i" target="_blank">http://www.wizards.com/default.asp?x=d20/oglfaq/20040123i</a> ):(2) "They're infringing on my 'rights'! Most often heard in the context of 'they're trying to take away my right to use the OGL!'... A voluntary agreement does not restrict your rights."In general, sure. But there is one specific debatable point around the GSL asserting a prohibition on using the OGL even after the GSL has been terminated. Once an agreement has been terminated, it's hard to see how it has any force over your actions -- and an asertion to the contrary could conceivbably be a violation of someone's rights. (See US case law on non-compete contracts.)(3) "Now I can't have a website under the GSL! Well, no. But why would you want a website licensed under the GSL? You don't need the GSL to have a website - people have been managing that for years!... Incidentally, remember that WotC will be issuing a 'fan site policy' at some point, in which they'll specifically say what they're comfortable with people doing on the web; but, again, remember it's not a declaration of law, just a policy."The beautiful thing about the OGL was everything was elegantly covered under one simple license. Publishing, fan products, free or for-profit, were all treated the same. (Which is the most realistic way of looking at the web, where in actuality we all function as our own publishers.) Under the OGL, we were provided with a specific "safe harbor" by releasing material on a website under the established license, if you chose to do so. Now with 4E there is no possibility of a legally-binding "safe harbor". (a) The GSL can't provide that, because it precludes websites, (b) the "fan site policy" won't provide that, because it won't be a legally binding agreement, and (c) standard "fair use" law can't provide it, because that's always legally tenuous. Thus 4E websites will be back in a murky, tentative legal status, which the OGL did serve to prevent.(4) "WotC can revoke the license at any time! Yes. Yes, they can. That is, unfortunately, a risk you have to take if you use the GSL: unlike the OGL, it is revocable, much like the d20 STL was."But a major difference between the GSL and the d20 STL was how the latter had an irrevocable fall-back license in the OGL. When the d20 STL is revoked, publishers can basically just remove the trademark logo and still publish the same mechanical product under the OGL. When the GSL is revoked, there will be no such license available, and all the mechanics & terms built into the product will be thrown out of the "safe harbor" -- and at that point you either have to stop publishing the product entirely or else fall back on the "copyright law" principles decried elsewhere in the FAQ on the main page. Very big difference.</blockquote>

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