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The OGL 1.1 is not an Open License
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<blockquote data-quote="pemerton" data-source="post: 8866969" data-attributes="member: 42582"><p>If you publish a cleric subclass under the OLG 1.0/1.0a you need to be able to give the commitment required by section 5 - ie that you have the legal capacity to confer rights on others to use your material.</p><p></p><p>If the licence that you get from WotC in respect of the 5e SRD gives you those rights, then you are fine. If it doesn't, then you are not fine.</p><p></p><p>If your cleric subclass references product identity, you won't be fine. Let's assume it doesn't.</p><p></p><p>If you cleric subclass references stuff in respect of which WotC enjoys IP rights, <em>and</em> if your licence from WotC in repect of the 5e SRD doesn't give you permission in respect of WotC's IP rights, then you won't be fine either.</p><p></p><p>What might that stuff be? I don't think getting sub-class features at this or that level could count - to me, that seems to be exactly the sort of thing that is licensed by the OGL 1.0/10a when WotC released the 5e SRD under it. (But I'm not much of an IP lawyer. So maybe I'm wrong.)</p><p></p><p>In the case of 4e, what the GSL tended to protect was trade dress - the distinctive templates for powers, presenting class features, etc, and also the names of powers and abilities. I don't think that having sub-class features at level X rather than level A is trade dress that is not licensed under the existing SRD/OGL.</p><p></p><p>I think the sort of issue you are considering would be more likely to arise in respect of a new sort of creature or magic item or whatever that is <em>not </em>derivative of the 5e SRD, or in respect of the actual copyrighted text of the revised SRD.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8866969, member: 42582"] If you publish a cleric subclass under the OLG 1.0/1.0a you need to be able to give the commitment required by section 5 - ie that you have the legal capacity to confer rights on others to use your material. If the licence that you get from WotC in respect of the 5e SRD gives you those rights, then you are fine. If it doesn't, then you are not fine. If your cleric subclass references product identity, you won't be fine. Let's assume it doesn't. If you cleric subclass references stuff in respect of which WotC enjoys IP rights, [I]and[/I] if your licence from WotC in repect of the 5e SRD doesn't give you permission in respect of WotC's IP rights, then you won't be fine either. What might that stuff be? I don't think getting sub-class features at this or that level could count - to me, that seems to be exactly the sort of thing that is licensed by the OGL 1.0/10a when WotC released the 5e SRD under it. (But I'm not much of an IP lawyer. So maybe I'm wrong.) In the case of 4e, what the GSL tended to protect was trade dress - the distinctive templates for powers, presenting class features, etc, and also the names of powers and abilities. I don't think that having sub-class features at level X rather than level A is trade dress that is not licensed under the existing SRD/OGL. I think the sort of issue you are considering would be more likely to arise in respect of a new sort of creature or magic item or whatever that is [I]not [/I]derivative of the 5e SRD, or in respect of the actual copyrighted text of the revised SRD. [/QUOTE]
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