So, who can 'authorize' and 'de-authorize' the OGL?

[Greg Benage]

Doesn't help in this case.

Damn, you're good. Foiled again.

 

[AdmundfortGeographer]

Someone should create a Twitter bot that deauthorizes the 1.0a OGL at midnight then authorizes 1.0a for another 24 hours.

Edit: or in an I’m Spartacus move everyone on social media add “I authorize OGL 1.0a” in their handle or signature.

 

[Matt Thomason]

I had admittedly been wondering about this (specifically, whether all participants in the OGL 1.0a have the same rights as its creator), but then, the bit of the OGL where you can use it to license non-d20-SRD-based systems has always evaded my understanding. Would it be possible to maybe get an article on how that works, and why prevailing wisdom is that Wizards' say-so is still binding on such products?

I understand that it does, and is; I would just like it explained to me like I'm 8 years old.

Here's my educated guess at what Wizards would say (Note: I agree with Morrus on this, and disagree with this take, but here it is anyway)

The OGL itself it copyrighted by Wizards. They also have the primary entry in section 15 in all authorized usages, which chains down to everyone else's usage. They never intended the OGL to be used for anything other than the specific works it comes with, and anyone reusing it to license other games is doing so without their authorization.

Their authorization is therefore for the base license with it's single S15 entry. While they cannot specifically de-authorize OGL 1.0 for anyone else's content, they can do so for their own, and as everyone's legitimate use of the OGL includes and depends upon their content (bearing in mind they will say any use that does not include their content is illigitimate), it therefore applies to all subsequent sublicenses of that content.

While I actually agree with some of this (the thinking on how the authorization carries down the chain, and how the only versions they've ever authorized include the S15 reference for their own SRDs) - but their argument hinges on whether they can de-authorize once authorized. Such a power is neither directly enumerated nor implied within the license text, nor is the mechanism to do so (because simply shoving it on a page on the internet that licencees are under no obligation to visit, unlike in 1.1, does not feel like it would be a legally recognized mechanism) and would likely be defined if it were intended at time of writing (and we have it on record that it was not)

 

[dave2008]

Yep. Someone is gonna have to step up to the plate and really challenge WotC on their ability to de-authorize 1.0a.

I'm thinking about it. I have nothing to loose and it would cost me only court fees (I think). I have a 5e Immortals supplement I'm working on that will probably not be ready until next year. I may just publish it under the 1.0(a) OGL and see what happens.

 

[DMZ2112]

Here's my educated guess at what Wizards would say (Note: I agree with Morrus on this, and disagree with this take, but here it is anyway)

The OGL itself it copyrighted by Wizards. They also have the primary entry in section 15 in all authorized usages, which chains down to everyone else's usage. They never intended the OGL to be used for anything other than the specific works it comes with, and anyone reusing it to license other games is doing so without their authorization.

Their authorization is therefore for the base license with it's single S15 entry. While they cannot specifically de-authorize OGL 1.0 for anyone else's content, they can do so for their own, and as everyone's legitimate use of the OGL includes and depends upon their content (bearing in mind they will say any use that does not include their content is illigitimate), it therefore applies to all subsequent sublicenses of that content.

While I actually agree with some of this (the thinking on how the authorization carries down the chain, and how the only versions they've ever authorized include the S15 reference for their own SRDs) - but their argument hinges on whether they can de-authorize once authorized. Such a power is neither directly enumerated nor implied within the license text, nor is the mechanism to do so (because simply shoving it on a page on the internet that licencees are under no obligation to visit, unlike in 1.1, does not feel like it would be a legally recognized mechanism) and would likely be defined if it were intended at time of writing (and we have it on record that it was not)

Thank you for putting this together.

 

[Matt Thomason]

I'm thinking about it. I have nothing to loose and it would cost me only court fees (I think). I have a 5e Immortals supplement I'm working on that will probably not be ready until next year. I may just publish it under the 1.0(a) OGL and see what happens.

Just a note that you could potentially be liable for damages in addition to those fees.

As you're not actually distributing working PHBs, there's possibly an argument to be made there that your impact is, in fact, beneficial, in that it helps sell more 5e PHBs because the audience see it is better supported, and competes with no actual 5e product currently available from WotC. They may well argue in response that "A D&D supplement competes with every other D&D supplement because most players only have a limited budget and have to choose between those available."

But I also feel obligated to urge you to get legal advice first, just to see what the possible outcomes are and to be prepared.

 

[dave2008]

Just a note that you could potentially be liable for damages in addition to those fees.

I wondered about that. But you can't get blood from a stone and I can't pay damages with money I don't have

I'm pretty sure I would win. If I do, can I get damages from them!

 

[AdmundfortGeographer]

I want to see someone come up with the Duck Season Rabbit Season gif but swap OGL deauthorized!/OGL reauthorized! With WotC vs Community.

 

[Snarf Zagyg]

I wondered about that. But you can't get blood from a stone and I can't pay damages with money I don't have

I'm pretty sure I would win. If I do, can I get damages from them!

Uh. Look, speak to an attorney before doing anything stupid (or not stupid).

But consider that they might not be suing you for violating the terms of a license. They'd be suing you for violating their IP (copyright and/or protected trade mark, design, etc.).

Also, while you can't get blood from a stone, when there is a judgment against you ... that thing lasts. And people aren't as judgment proof as they think. Don't even ask about writs of garnishment, and the unending he** of what happens if and when it gets turned over to law firm that specializes in collections.

 

[dave2008]

Uh. Look, speak to an attorney before doing anything stupid (or not stupid).

No, the whole point is to avoid attorneys.

But consider that they might not be suing you for violating the terms of a license. They'd be suing you for violating their IP (copyright and/or protected trade mark, design, etc.).

Interesting.

Also, while you can't get blood from a stone, when there is a judgment against you ... that thing lasts. And people aren't as judgment proof as they think. Don't even ask about writs of garnishment, and the unending he** of what happens if and when it gets turned over to law firm that specializes in collections.

I can shake them. I have my ways and I can live on the barter system. Garnish that WotC!