Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Next
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
Twitch
YouTube
Facebook (EN Publishing)
Facebook (EN World)
Twitter
Instagram
TikTok
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
The
VOIDRUNNER'S CODEX
is LIVE! Explore new worlds, fight oppressive empires, fend off fearsome aliens, and wield deadly psionics with this comprehensive boxed set expansion for 5E and A5E!
Community
General Tabletop Discussion
*Dungeons & Dragons
So, 5e OGL
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 6628787" data-attributes="member: 42582"><p>I know that the law of consideration in the US is generally different from Anglo-Australian law - adequacy of consideration is not a requirement in Anglo-Australian contract law, whereas it is in US law as I understand it (and as you state it above).</p><p></p><p>Clause 4 states that the consideration that flows to WotC (as licensor of the SRD under the OGL) is the use by the other party of the OGL. What does the value of this consist in? Some of that value consists in promises not to use Product Identity (even to indicate compatibility), and I can see that if WotC ceased to publish D&D then that promise may not have value.</p><p></p><p>But even if WotC ceased to be in the FRPG publishing industry, wouldn't it still getting something of value from anyone taking up the licence, namely, the opportunity to use the OGC that the other party contributes? Unless the other party's work purporting to be under the OGL did not contribute any OGC, it seems that value (in the form of that opportunity) would be flowing to WotC.</p><p></p><p>Or is the argument that a mere opportunity in respect of an enterprise (FRPG publishing) that WotC has foregone does not have sufficient value to be genuine consideration?</p><p></p><p>Yes, but as has been said this is about the validity of an extant agreement, not the valid creation of a new one.</p><p></p><p></p><p></p><p>As Staffan points out, the relevant clauses of the OGL seem to be 2 and 4.</p><p></p><p>Clause 2 ("The License") states that the OGL applies to any OGC "that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License." Presumably such a notice could be rescinded. It is, in effect, a standing offer, and a gratuitous offer can be rescinded by the one who makes it.</p><p></p><p>Clause 4 ("Grant and Consideration") states that "In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." So there is no perpetual permission in respect of the SRD as such. Rather, once a person enters into the licence agreement with WotC (in virtue of using OGC from the SRD pursuant to the OGL) that peson gains a perpetual licence. So the licences enjoyed by all the 3PPs out there can't be rescinded.</p><p></p><p>If a publisher who was downstream, OGC-wise, from another publisher purported to rescind a Clause 2 notice then those who are upstream presumably would have standing to sue for breach of contract. (Because such a party would be in breach of the Clause 2 obligation to "affix such a notice to any Open Game Content that you Use.")</p><p></p><p>But as far as the SRD is concerned WotC is not downstream from anyone, and so wouldn't seem to be constrained in this way.</p></blockquote><p></p>
[QUOTE="pemerton, post: 6628787, member: 42582"] I know that the law of consideration in the US is generally different from Anglo-Australian law - adequacy of consideration is not a requirement in Anglo-Australian contract law, whereas it is in US law as I understand it (and as you state it above). Clause 4 states that the consideration that flows to WotC (as licensor of the SRD under the OGL) is the use by the other party of the OGL. What does the value of this consist in? Some of that value consists in promises not to use Product Identity (even to indicate compatibility), and I can see that if WotC ceased to publish D&D then that promise may not have value. But even if WotC ceased to be in the FRPG publishing industry, wouldn't it still getting something of value from anyone taking up the licence, namely, the opportunity to use the OGC that the other party contributes? Unless the other party's work purporting to be under the OGL did not contribute any OGC, it seems that value (in the form of that opportunity) would be flowing to WotC. Or is the argument that a mere opportunity in respect of an enterprise (FRPG publishing) that WotC has foregone does not have sufficient value to be genuine consideration? Yes, but as has been said this is about the validity of an extant agreement, not the valid creation of a new one. As Staffan points out, the relevant clauses of the OGL seem to be 2 and 4. Clause 2 ("The License") states that the OGL applies to any OGC "that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License." Presumably such a notice could be rescinded. It is, in effect, a standing offer, and a gratuitous offer can be rescinded by the one who makes it. Clause 4 ("Grant and Consideration") states that "In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." So there is no perpetual permission in respect of the SRD as such. Rather, once a person enters into the licence agreement with WotC (in virtue of using OGC from the SRD pursuant to the OGL) that peson gains a perpetual licence. So the licences enjoyed by all the 3PPs out there can't be rescinded. If a publisher who was downstream, OGC-wise, from another publisher purported to rescind a Clause 2 notice then those who are upstream presumably would have standing to sue for breach of contract. (Because such a party would be in breach of the Clause 2 obligation to "affix such a notice to any Open Game Content that you Use.") But as far as the SRD is concerned WotC is not downstream from anyone, and so wouldn't seem to be constrained in this way. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
*Dungeons & Dragons
So, 5e OGL
Top