Ranger REG said:
Technically, the 3e rules are never open content to begin with, just the ones in the SRD.
...and technically speaking, just the rules in the finalized SRD. Up until a couple/few months ago, for those who may not know, the SRD was (in effect) a living document, by virtue of a "Gentlemen's Agreement." That agreement included a stipulation that no new material would be produced using pre-finalized SRD versions once the finalized SRD was completed. The working theory regarding OGC was that the original SRD would be finalized, materials would be continually added to from various supplements from WotC post-core rules, and added to the pool of OGC from various d20/third party publishers. In practice, the SRD was available but not set in stone until after the third edition of the rules was, in the eyes of WotC, on its way out.
Ranger REG said:
I may have to resign to the fact that while the current original SRD will forever remain OGC, it may not be available for download on the Wizards' website. It will be replaced with the Revised SRD to reflect the change and keep confusion to a minimum.
Being available on the WotC website makes little difference since it is OGC and available from a number of other sources. If WotC does decide to pull the original SRD from their site in favor of the 3.5 SRD and it avoids confusion from d20 publishers and end users/consumers, this is likely a good thing. Already in this thread there is concern that there is going to be confusion about which future products will be compatible with which version of the SRD. If the price of less confusion is one less source for the original SRD, is that really a problem?
Ranger REG said:
I do have a question for Wizards, though: Will the Trademark License force publishers to update their current d20-labeled products or developing d20-labeled products to Wizards' Revised SRD?
I'm not sure who is taking over AV's regular duties (if those include answering to questions on message boards), so I am not sure that you will get an official answer on these boards from a WotC source. Judging by what James has said above, that does not seem likely. I think it is worth noting that the d20SL is not the only license that can be used in conjunction with the OGL. There is nothing to stop someone from creating a logo symbolizing compatiability with the original SRD (along the lines of, say,
pre-31/2. It need not be done by WotC, either. They have no more input over the proper use under the OGL of the original SRD than anyone else, save how it be used in conjunction with their additional licensing via the d20SL or the D&D logo. I do not think that WotC would want to start dividing camps by excluding use of the d20 logo from those working with the original SRD, though I may be very much mistaken. I doubt it is in their best interests to do such a thing.