Using the OGL to publish for 4e (Forked Thread: GSL or not GSL)

[CapnZapp]

Anything prohibited by the GSL is most easily ignored by not signing the GSL.

The issue here is that, currently, the only real answer to all our questions is "you need a lawyer for that".

This is the real dampener. And it doesn't make sense for each party to have to pay legal fees, when one could do it and then release the guidelines on the net.

In other words, what is needed is an OGL product which covers 4E. Then everybody can use that without each having to consult a lawyer.

Technically, they're "going copyright", but with the significant hurdle of lawyer expenses.

As long as this is not in place, the suits at Wizards has nothing to worry about. Not everyone has the legal resources of Kenzer or Goodman, so the thriving 3PP market will wither and die.

 

[Corjay]

For anyone that doesn't sign the 4e GSL, they still need a lawyer if they want to implement parts of the system without violating copyright. The problem still persists. An OGL isn't going to stop that. What you mean is that the clause in the 4e GSL about not mixing the OGL and the GSL needs to be lifted. You can lift that without backstepping the GSL to the OGL.

 

[pemerton]

The issue here is that, currently, the only real answer to all our questions is "you need a lawyer for that".

This is the real dampener. And it doesn't make sense for each party to have to pay legal fees, when one could do it and then release the guidelines on the net.

In other words, what is needed is an OGL product which covers 4E. Then everybody can use that without each having to consult a lawyer.

Technically, they're "going copyright", but with the significant hurdle of lawyer expenses.

But who would use material produced under the OGL, but potentially in breach of WoTC's IP rights in respect of 4e, without getting legal advice? Even if such a person could be confident that the "OGL product that covers 4e" is not itself in violation (and wouldn't most publishers be hesitant to accept this just on another's say-so?), there would be the question of whether the material they intended to produce, which developed the underlying OGL product, was itself not in violation of WoTC's rights.

 

[jmucchiello]

The issue here is that, currently, the only real answer to all our questions is "you need a lawyer for that".

This is the real dampener. And it doesn't make sense for each party to have to pay legal fees, when one could do it and then release the guidelines on the net.

This is very wrong. Having the lawyer doesn't make it legal. It just means you've paid someone who is willing to stand up in court and say "we think this is legal." It isn't actually legal until there's a court ruling. So going this path still means retaining the services of a lawyer.

The answers lawyers give you are only binary when something is definitely illegal. Most of the law involving IP is gray and just because you have a lawyer who thinks you aren't violating anyone's copyrights or trademarks doesn't make it true.