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The OGL 1.1 is not an Open License

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4e GSL terms
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Last Updated: February 27, 2009
Dungeons & Dragons 4th Edition
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GSL had no royalties or revenue reporting connected to it.

Section 1 requires registration with Wizards similar to OGL 1.1

Section 2 WotC could revise the GSL at any time, the OGL allows new revision versions but the old ones are still valid.

Section 3 and 5.5 prohibited non PDF/book type things similar to proposed OGL 1.1

Section 4.1 only allowed references to 4e core stuff, not copying it the way the OGL normally does. (only new 4e expansion stuff like new monsters or powers or feats could be statted out)

Section 4.2 required using a compatibility mark and specific notices similar to OGL 1.1 required creator badge.

Section 5.6 can't reprint the SRD the way you can in the OGL.

Section 6 Includes a Wizards quality and content standards clause unlike the normal OGL.

Section 8 requires submission of samples upon WotC request for review. 1.1 OGL says it will require notification about what is being sold.

Section 9.3 requires aiding WotC in protecting its IP. Similar sections require indemnification and agreeing ahead of time that breaches of Wizards IP cause irreparable damage for injunctive relief purposes and so on.

Section 10 WotC can terminate the GSL at any time with licensee responsibilities like indemnification for breaches continuing, the OGL is irrevocable outside of breaches.
Thank you, this will come in handy for the inevitable analysis of the new 1.1 upon release.
 

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bedir than

Full Moon Storyteller
They can't really do that with 1D&D&D being in flux and incomplete with playtesting happening. Unless the new OGL comes out and they end the playtest simultaneously?
Or they consider the likely changes so small that the SRD updates are tiny. D20 Test sticks, and the rest changes.
 


pemerton

Legend
The new changes include a number of provisions with similarities to some terms in the GSL. This appears however to be WotC explicitly declaring this will be a new version of the OGL and not an entirely different license like the GSL.

This declaration of intent could have some relevance if 1.1 comes out with terms like the 1.0 OGL and the proposed new provisions and WotC later tries to argue that the 1.1 OGL is not a version of the OGL.
I don't think so. I think the question of what is licensed under any new licence - whether it is labelled OGL v 1.1 or something else - will be determined by the construction of the new licence terms, not by things that were said in press releases prior to its release.

I don't think any reasonable licensee would rely on remarks in a press release as establishing what their rights are under an IP licence.

isn’t that already the case simply by calling it OGL 1.1 even if that version excluded section 9?

The section is still in 1.0a and in 1.0a it states that if something is released under 1.1 you can use that under 1.0a as well.

“You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.”
if you call something OGL + higher version number then it is a newer version of the OGL and not something else, so have fun trying to argue your case in court and not being laughed out of it
Section 9 of the OGL v 1.0.1.0a means that existing licensees under those licences have a contractual right, against WotC (and other parties), to "use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License."

What makes a future licence authorized or a version of the OGL 1.0/1.0a isn't obvious to me. There is also the need to interpret Open Game Content as that phrase appears in section 9. I think sorting all this out would have to involve, at least, some consideration of the terms of the future licence.

For instance, if the new licence were to have a provision saying that "Open Game Content, within the meaning of this licence, does not fall within the meaning of the phrase Open Gaming Content in OGL v 1.0 or v 1.0a", that would seem like it might take OGC licensed under the new licence outside the scope of operation of section 9, even for those who have the benefit of section 9 in their relationship with WotC.
 

What folks need to consider is how the OGL Section 9 came about. It is basic Wizard's implementation of this clauses from the GPL Version 2.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
 

Dausuul

Legend
What folks need to consider is how the OGL Section 9 came about. It is basic Wizard's implementation of this clauses from the GPL Version 2:
If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
But Section 9 of the OGL doesn't present those options -- it locks everyone into the second choice. Otherwise there would be no question here; WotC could simply say "1.1 and later."

It's a different scenario, because the OGL is in part a device for past WotC to secure the game against mistakes by future WotC. So it's deliberately written to create headaches if WotC tries to do... well, exactly what it is doing: Rewrite the OGL to make it less open and grab more profit for itself.
 

Voadam

Legend
I don't think so. I think the question of what is licensed under any new licence - whether it is labelled OGL v 1.1 or something else - will be determined by the construction of the new licence terms, not by things that were said in press releases prior to its release.

I don't think any reasonable licensee would rely on remarks in a press release as establishing what their rights are under an IP licence.
I think you are looking at it from the wrong angle. You are looking at 1.1 as a separate thing on its own and under 1.1 terms and what is licensed out directly under the 1.1 OGL.

I am talking about someone with 1.0 Section 9 rights looking to use 1.1 OGC under 1.0 terms under the 1.0 OGL and not under the separate revised 1.1 OGL at all.

1.0 OGL is a license WotC made that gives licensees a Section 9 right to use certain other material under certain conditions (authorized versions of the OGL, OGC, etc).

The question is then not whether 1.1 gives rights under its own terms, it is a question of whether under the 1.0 rights that WotC licensed out the 1.0 licensee can use OGC from 1.1.

If a court finds Section 9 of 1.0 ambiguous as applied to the question of 1.1 OGC I think they could find evidence of WotC's announced declarations of intent as relevant for considering whether 1.1 is a version of the OGL under Section 9 of the 1.0 OGL.

I am not arguing it would be determinative. For instance if the announced 1.1 turns out to change direction from what was announced and be clearly a non OGL thing at all the announcement of intent that we have now would not be that persuasive as evidence that the new license that got issued was actually a revised version of the OGL subject to Section 9 of the 1.0 OGL.

I would expect a court to look at the exact terms of the licenses first to see whether 1.1 is a revision of the OGL under the 1.0 OGL Section 9, but a court will also look at other indicators of intent if a provision is considered ambiguous and WotC's public declarations on the subject (both here and in the past) could be relevant.
 
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DEFCON 1

Legend
Supporter
Couldn't it just be as simple as those people who want to release 5E gaming material in normal print form can continue to do so using 1.0... but if (for example) WotC decides to upgrade D&D Beyond such that it would be able to start allowing 3rd Parties to sell their books through DDB (and have their material incorporated into DDB's character builder, encounter builder etc.)... then to do so the 3rd Party would need to release their product under the more restrictive 1.1? In other words, if someone wants to use WotC's platforms (whatever they end up being) for their potential sales... then they have to agree to more restrictive licensing terms.

That seems to me to make the most sense as to why a new 1.1 could get made and why some companies / people might agree to releasing under 1.1 rather than 1.0. But for those people who don't care about using DDB (or whatever other programming or marketing reach WotC might put into place)... they can still use 1.0 without issue and release and market their books the old fashion way.
 

Mercurius

Legend
Someone on here said it doesn't matter what WotC does, some will cry fowl or something like that.
And the opposite is true, as well: it doesn't matter what WotC does, the majority will defend them and accuse others of crying fowl, being doomsayers, unreasonable, wrong, etc etc.

People are allowed to have different takes. Whether or not the OP is correct in their assessment, I'm unsure and is mostly beside the point. They're highlighting elements of this that strike them discordantly with the spirit of an "open" gaming license. Hopefully they're exaggerating, but let's at least give them the space to express their opinion, without the knee-jerk tribal response, as the multitudes come out to defend their favorite corporation.
 

Reynard

Legend
Supporter
Couldn't it just be as simple as those people who want to release 5E gaming material in normal print form can continue to do so using 1.0... but if (for example) WotC decides to upgrade D&D Beyond such that it would be able to start allowing 3rd Parties to sell their books through DDB (and have their material incorporated into DDB's character builder, encounter builder etc.)... then to do so the 3rd Party would need to release their product under the more restrictive 1.1? In other words, if someone wants to use WotC's platforms (whatever they end up being) for their potential sales... then they have to agree to more restrictive licensing terms.

That seems to me to make the most sense as to why a new 1.1 could get made and why some companies / people might agree to releasing under 1.1 rather than 1.0. But for those people who don't care about using DDB (or whatever other programming or marketing reach WotC might put into place)... they can still use 1.0 without issue and release and market their books the old fashion way.
The question isn't about 5E materials, it is about 1D&D.

Even though, it seems like they would need a whole new license-- not just an update to OGL -- to do that with any effectiveness. If they are trying to lock 1D&D material out of OGL 1.0(a) they can't release the SRD under an updated OGL.

That's as I understand it, anyway.
 

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