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General Tabletop Discussion
Publishing Business & Licensing
So, who can 'authorize' and 'de-authorize' the OGL?
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<blockquote data-quote="Matt Thomason" data-source="post: 8900242" data-attributes="member: 6777331"><p>It seems to me that given the viral nature of the OGL, this is the only viable way to de-authorize - by both parties involved making a new contract stating that it is. I would not use the word "pretend" for that, because it seems to me to be a perfectly fine (and the only possible way I can think of personally that doesn't involve a revocation for license violation) legal mechanism to do so.</p><p></p><p>The understanding the majority of us have come to is - Any contract between parties A and B <em>that has consideration on both sides</em> (thats an important part, and there's precident that indicates there <em>is</em> consideration on both sides here and it isn't a simple one-way grant of rights) cannot be terminated other than by the agreement of <em>both </em>parties, or through a mechanism specified in the contract itself.</p><p></p><p>e.g. "By agreeing to THIS agreement, you agree that THAT agreement is no longer authorized" (seeing as the word "authorized" seems to have absolutely zero legal meaning in contractual law outside of what is defined between the parties themselves within said contract(s) )</p><p></p><p>I <em>can</em> see the argument for no longer issuing any <em>further </em>authorizations by no longer hosting it on their site. But, the viral nature of the OGL allowing rights to pass via sublicences complicates this horribly. If WotC take down all copies of the SRD which have OGL 1.0(a) attached from their website, I have no idea whatsoever what happens if I try to use a copy of the SRD+OGL 1.0(a) from an alternative source to claim I have a new agreement with them. I would lean towards it creating a new agreement with everyone listed in S15 (including WotC themselves), but I am not confident enough to risk trying it <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=";)" title="Wink ;)" data-smilie="2"data-shortname=";)" /></p></blockquote><p></p>
[QUOTE="Matt Thomason, post: 8900242, member: 6777331"] It seems to me that given the viral nature of the OGL, this is the only viable way to de-authorize - by both parties involved making a new contract stating that it is. I would not use the word "pretend" for that, because it seems to me to be a perfectly fine (and the only possible way I can think of personally that doesn't involve a revocation for license violation) legal mechanism to do so. The understanding the majority of us have come to is - Any contract between parties A and B [I]that has consideration on both sides[/I] (thats an important part, and there's precident that indicates there [I]is[/I] consideration on both sides here and it isn't a simple one-way grant of rights) cannot be terminated other than by the agreement of [I]both [/I]parties, or through a mechanism specified in the contract itself. e.g. "By agreeing to THIS agreement, you agree that THAT agreement is no longer authorized" (seeing as the word "authorized" seems to have absolutely zero legal meaning in contractual law outside of what is defined between the parties themselves within said contract(s) ) I [I]can[/I] see the argument for no longer issuing any [I]further [/I]authorizations by no longer hosting it on their site. But, the viral nature of the OGL allowing rights to pass via sublicences complicates this horribly. If WotC take down all copies of the SRD which have OGL 1.0(a) attached from their website, I have no idea whatsoever what happens if I try to use a copy of the SRD+OGL 1.0(a) from an alternative source to claim I have a new agreement with them. I would lean towards it creating a new agreement with everyone listed in S15 (including WotC themselves), but I am not confident enough to risk trying it ;) [/QUOTE]
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So, who can 'authorize' and 'de-authorize' the OGL?
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