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*Dungeons & Dragons
So, 5e OGL
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<blockquote data-quote="Mistwell" data-source="post: 6627314" data-attributes="member: 2525"><p>Here is how the OGL could be scrapped. Please note, this is all silly and theoretical, and will never happen. It's the comic-book What If? type scenario only.</p><p></p><p>Step 1) WOTC entirely tables all D&D for several years and indicate they have no intention of reviving it any time soon;</p><p></p><p>Step 2) WOTC seeks and gets declarative relief stating that there is no longer any more consideration left in the OGL and therefore future licenses cannot be made (more on this below);</p><p></p><p>Step 3) After the declarative relief, old OGL products can still be sold (because they were first produced when there was still consideration) but all new products will lack consideration and therefore there can be no new products under the OGL.</p><p></p><p>This is the method some software companies are working on to get out of their open source agreements. So far it has not worked, but so far nobody has done step 1 first - mothball everything they could possibly gain from the open source agreement first. That appears to be the missing step. </p><p></p><p>As to consideration, ALL contracts (and a license is a type of contract) MUST have consideration to be valid. There is no choice - it's a required element of a binding agreement in the United States. Consideration means both sides must get SOMETHING of value out of the agreement. So, while WOTC clearly gets something of value now, if they can set up a situation where they literally get nothing beneficial any more out of someone else using the OGL for a new product, there will be no consideration, and therefore the OGL will no longer be valid for that new product.</p><p></p><p>Again, this is the route the open source software community is pursuing in court these days. But none have been truly willing to totally mothball a product AND pay to have such a lawsuit (which makes sense - if the product really isn't something you make money on anymore, why would you pay for a lawsuit over it?). </p><p></p><p>But, in theory, that is one way it could be done. But again, this is silly What If? stuff. WOTC is never going to do this.</p></blockquote><p></p>
[QUOTE="Mistwell, post: 6627314, member: 2525"] Here is how the OGL could be scrapped. Please note, this is all silly and theoretical, and will never happen. It's the comic-book What If? type scenario only. Step 1) WOTC entirely tables all D&D for several years and indicate they have no intention of reviving it any time soon; Step 2) WOTC seeks and gets declarative relief stating that there is no longer any more consideration left in the OGL and therefore future licenses cannot be made (more on this below); Step 3) After the declarative relief, old OGL products can still be sold (because they were first produced when there was still consideration) but all new products will lack consideration and therefore there can be no new products under the OGL. This is the method some software companies are working on to get out of their open source agreements. So far it has not worked, but so far nobody has done step 1 first - mothball everything they could possibly gain from the open source agreement first. That appears to be the missing step. As to consideration, ALL contracts (and a license is a type of contract) MUST have consideration to be valid. There is no choice - it's a required element of a binding agreement in the United States. Consideration means both sides must get SOMETHING of value out of the agreement. So, while WOTC clearly gets something of value now, if they can set up a situation where they literally get nothing beneficial any more out of someone else using the OGL for a new product, there will be no consideration, and therefore the OGL will no longer be valid for that new product. Again, this is the route the open source software community is pursuing in court these days. But none have been truly willing to totally mothball a product AND pay to have such a lawsuit (which makes sense - if the product really isn't something you make money on anymore, why would you pay for a lawsuit over it?). But, in theory, that is one way it could be done. But again, this is silly What If? stuff. WOTC is never going to do this. [/QUOTE]
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