Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions, OSR, & D&D Variants
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
NOW LIVE! Today's the day you meet your new best friend. You don’t have to leave Wolfy behind... In 'Pets & Sidekicks' your companions level up with you!
Community
General Tabletop Discussion
Publishing Business & Licensing
The OGL 1.1 is not an Open License
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 8868057" data-attributes="member: 42582"><p>The OGL reads like a contract to me. It has provisions dealing with offer, acceptance and consideration, which are basic concepts in the common law of contract.</p><p></p><p>A licence to occupy premises is a species of contract. So is a licence to use someone else's copyrighted material.</p><p></p><p>Given that you apparently don't trust me, perhaps you'll trust <a href="https://en.wikipedia.org/wiki/License" target="_blank">wikipedia</a>:</p><p></p><p style="margin-left: 20px">A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract).</p><p></p><p>Of course gratuitous licences can be given - I can invite you into my home - but gratuitous licences can be withdrawn at will - I can ask you to leave my home at any time.</p><p></p><p>The OGL is not a gratuitous licence. It is a contract, as it makes clear on its face.</p><p></p><p>Everyone knows this. But <em>making an offer to enter into a licence</em> is not the same as <em>entering into a licence</em>. I could, today, declare that I licence the Pemerton SRD under the OGL 1.0 to any and all takers. And then, tomorrow, I could withdraw that offer. Everyone who took up my offer in the intervening period would have rights under the licence. But once I withdrew the offer, no new licences could be created directly with me. Of course, under the terms of the OGL 1.0 sub-licences could be created with my licensors.</p><p></p><p>Because it's still a leading case about offer and acceptance in the context of offers made to all the world. When [USER=177]@Umbran[/USER] and others say there is no contract with WotC because (eg) there is no exchange of documents between the parties, they demonstrate their lack of familiarity with <em>Carlill</em> and similar cases.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8868057, member: 42582"] The OGL reads like a contract to me. It has provisions dealing with offer, acceptance and consideration, which are basic concepts in the common law of contract. A licence to occupy premises is a species of contract. So is a licence to use someone else's copyrighted material. Given that you apparently don't trust me, perhaps you'll trust [url=https://en.wikipedia.org/wiki/License]wikipedia[/url]: [indent]A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract).[/indent] Of course gratuitous licences can be given - I can invite you into my home - but gratuitous licences can be withdrawn at will - I can ask you to leave my home at any time. The OGL is not a gratuitous licence. It is a contract, as it makes clear on its face. Everyone knows this. But [i]making an offer to enter into a licence[/i] is not the same as [i]entering into a licence[/i]. I could, today, declare that I licence the Pemerton SRD under the OGL 1.0 to any and all takers. And then, tomorrow, I could withdraw that offer. Everyone who took up my offer in the intervening period would have rights under the licence. But once I withdrew the offer, no new licences could be created directly with me. Of course, under the terms of the OGL 1.0 sub-licences could be created with my licensors. Because it's still a leading case about offer and acceptance in the context of offers made to all the world. When [USER=177]@Umbran[/USER] and others say there is no contract with WotC because (eg) there is no exchange of documents between the parties, they demonstrate their lack of familiarity with [i]Carlill[/i] and similar cases. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
Publishing Business & Licensing
The OGL 1.1 is not an Open License
Top
