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The OGL 1.1 is not an Open License

Alzrius

The EN World kitten
So, for example, you can go to d20srd.org, which has all three of Wizards's SRDs (3E, 3.5E, and 5E) available under the OGL.
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).
 

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Dausuul

Legend
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).
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.
 

pemerton

Legend
theres already arguments that fair use entails much of the OGC anyways, though that’s never really been tried to my knowledge. So I think bringing fair use in here muddies the waters for no particularly good reason.
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.
 

pemerton

Legend
I think that some of the issue is that other countries have varying degrees and lines where such licenses may be revocable.
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.
 





pemerton

Legend
Okay. How does WOTC rescind the offer to enter into the license?
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 At what point have they accepted your offer and so it can't be withdrawn?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.)
 

pemerton

Legend
I hope you are right but I came away with the impression that he would not agree with that.
The licence is not revocable once entered into. But that's different from ceasing to make the offer.
@S'mon has understood my posts correctly. I'm pretty sure I've understood his posts. And as I posted around about p 14 of the thread, I think he's cleared up most of the issues. I also think @Dausuul's post about software compliance on p 15 is a very helpful one.
 

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