Alzrius
The EN World kitten
Forgive my nitpicking, but I don't believe that d20srd.org has the 3.0 SRD on their website (or the d20 Modern SRD, for that matter).
The OGL 1.1 is not an Open License
- Thread starter robconley
- Start date
Ah -- my mistake, you are correct. I saw three links with "SRD" in big letters and assumed they were all from Wizards, when in fact they are 3.5E, 5E, and Pathfinder.
So, you'd have to go somewhere else for the original 3E SRD or for d20 Modern.
I'm distinguishing between the use of a book to play a RPG, which in my view mostly will not involve entering into the OGL with a publisher but also mostly won't involve copyright infringements, and using the content in a book for one's own publishing endeavour, which generates licensing contracts as per my post just upthread in reply to @UngainlyTitan.
To be clear: I have not at any point suggested that any licensc in terms of the OGL is revocable. I have said that the offer to enter into the licence is revocable.
FrogReaver
As long as i get to be the frog
Okay. How does WOTC rescind the offer to enter into the license?
I'm an academic lawyer and so care about accuracy in analysis, not giving legal advice.
The relevant practical point, though, is what needs to be included in a section 15 notice.
Functionally? They likely can achieve it by declaring it so. The number of entities that can afford to prove otherwise is probably countable on one hand and they may choose another path.
FrogReaver
As long as i get to be the frog
Not functionally. Legally.
Whether an offer is still in play or not is a pretty contextual matter. In the abstract, all that has to happen is that you cease to make it. But what does that consist in, in the practical circumstances of a given transaction?
Like, you're at the supermarket telling the checkout person that you want to buy the packet of flour in your hand, and then you notice its 1 kg and you need 1.5 kg - at what point between handing it to the person, and changing your mind, can you retract your offer to transact with the supermarket? At what point have they accepted your offer and so it can't be withdrawn? A lot of the time it's hard to draw a bright line.
Part of the logic of something like a public auction is to make the bright line as clear as possible.
In WotC's case, with respect to their offer to the all the world to license the SRD, they could withdraw the offer from their website. They could make a public statement to the effect that the offer is withdrawn. (See also @S'mon's post 295 upthread.)
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