We All Won – The OGL Three Years Later

[delericho]

Right, that the OGL v1.0/v1.0a could --- would --- be revoked by a WotC decree was essentially them spreading FUD that got folks worked up. The aftermath is the result of that FUD.

Well... three years ago there were several lawyers on here who took a look at it, and their conclusion was that that assumption wasn't as iron-clad as had been assumed (and, indeed, intended), that there was just enough ambiguity in the word 'authorized' to suggest it might be possible to de-authorize a version. The only way to know for sure is to take that one through the courts. Given WotC's climb-down, that hasn't happened.

And, unfortunately, the likes of Paizo and Kobold Press can't risk their businesses on that assumption. So they had to move away from the OGL... and that in turn means that it is effectively dead.

 

[Xenolith234]

Well... three years ago there were several lawyers on here who took a look at it, and their conclusion was that that assumption wasn't as iron-clad as had been assumed (and, indeed, intended), that there was just enough ambiguity in the word 'authorized' to suggest it might be possible to de-authorize a version. The only way to know for sure is to take that one through the courts. Given WotC's climb-down, that hasn't happened.

And, unfortunately, the likes of Paizo and Kobold Press can't risk their businesses on that assumption. So they had to move away from the OGL... and that in turn means that it is effectively dead.

Couldn't/wouldn't the architects of the OGL be called into court to talk about the intent of the license?

 

[delericho]

Couldn't/wouldn't the architects of the OGL be called into court to talk about the intent of the license?

I have no idea - I'm not a lawyer.

But I wouldn't bet a business on it!

 

[bsss]

Well... three years ago there were several lawyers on here who took a look at it, and their conclusion was that that assumption wasn't as iron-clad as had been assumed (and, indeed, intended), that there was just enough ambiguity in the word 'authorized' to suggest it might be possible to de-authorize a version. The only way to know for sure is to take that one through the courts. Given WotC's climb-down, that hasn't happened.

And, unfortunately, the likes of Paizo and Kobold Press can't risk their businesses on that assumption. So they had to move away from the OGL... and that in turn means that it is effectively dead.

Yeah, that's how FUD works. Until the point WotC actually took any action against a party for using the v1.0a license (which they never did, they never even finalized a license that suggested they could), and that action succeeded, they're just invoking fear by way of hypothetical lawsuits. That folks bought it for unjust reasons is part of the strategy of spreading FUD. It's the same strategy as Microsoft saying "we have these patents, can you really trust those smelly Linux nerds didn't cause you to violate them?"

To what degree WotC wanted to torpedo the OGL v1.0a, or if they just wanted a cut of something they felt was "theirs", I don't know, but the anti-v1.0a FUD succeeded.

 

[bsss]

Couldn't/wouldn't the architects of the OGL be called into court to talk about the intent of the license?

The point of the FUD isn't to assert foregone truths, it's to allude to enough risk that you get what you want anyway.

This conversation has me thinking about what actual good will measures would be, again, and my thought is that if WotC really wanted to make good with the community, they would transfer ownership of the OGL to Ryan Dancey's group.

 

[mamba]

Couldn't/wouldn't the architects of the OGL be called into court to talk about the intent of the license?

possibly, we also have their statements from back then.

The claim that it could be revoked and that there was enough ambiguity is mostly the lawyer you pay making the best argument for your case, even if the chance of the court agreeing is 1% - and there always is the chance of a surprise ruling in court, outside of that this whole thing was basically WotC misrepresenting the facts and spreading FUD in hopes to get people to the negotiation table