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We got an official leak of One D&D OGL 1.1! Watch Our Discussion And Reactions!
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<blockquote data-quote="pemerton" data-source="post: 8880311" data-attributes="member: 42582"><p>I don't agree.</p><p></p><p>Use is relevantly defined as "use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content". I think the "otherwise" is referring to "otherwise than editing, formatting, modifying or translating". I don't think that it reaches all the way up the definition to govern "use", "Distribute" and "copy". Because (for instance) <em>copying</em> OGC is not a mode of creating derivative material of the OGC, as best I'm aware.</p><p></p><p>I assume it's drawing on the statutory definition of <em>derivative works</em> where it uses that phrase: <a href="https://www.copyright.gov/title17/92chap1.html#101" target="_blank">Chapter 1 - Circular 92 | U.S. Copyright Office</a></p><p></p><p>As far as the authority to sub-license is concerned, section 4 extends it to <em>the</em> Open Game Content, which is not confined to the OGC that the licensee contributes (section 5 calls that out distinctly). At least, that's how it reads to me.</p><p></p><p>I believe there are cases on software open source licensing. I don't know what they say, nor what they tell us about the OGL v 1.0/1.0a.</p><p></p><p>My view is that WotC would somehow have to revoke the licensor's rights to sub-license to others. Given that those rights are contractually granted, I'm not really seeing how that would work. There's been some more discussion of this, through a contract law lens, in the "PSA" thread.</p><p></p><p>The best post there, in my view, is this one: <a href="https://www.enworld.org/threads/hello-i-am-lawyer-with-a-psa-almost-everyone-is-wrong-about-the-ogl-and-srd-clearing-up-confusion.694192/post-8880148" target="_blank">Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.</a></p><p></p><p>That poster says the following:</p><p></p><p>I'm not able to take the analysis any further than this - [USER=1772]@bmcdaniel[/USER] is a better US contract lawyer than I am.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8880311, member: 42582"] I don't agree. Use is relevantly defined as "use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content". I think the "otherwise" is referring to "otherwise than editing, formatting, modifying or translating". I don't think that it reaches all the way up the definition to govern "use", "Distribute" and "copy". Because (for instance) [i]copying[/i] OGC is not a mode of creating derivative material of the OGC, as best I'm aware. I assume it's drawing on the statutory definition of [i]derivative works[/i] where it uses that phrase: [URL="https://www.copyright.gov/title17/92chap1.html#101"]Chapter 1 - Circular 92 | U.S. Copyright Office[/URL] As far as the authority to sub-license is concerned, section 4 extends it to [i]the[/i] Open Game Content, which is not confined to the OGC that the licensee contributes (section 5 calls that out distinctly). At least, that's how it reads to me. I believe there are cases on software open source licensing. I don't know what they say, nor what they tell us about the OGL v 1.0/1.0a. My view is that WotC would somehow have to revoke the licensor's rights to sub-license to others. Given that those rights are contractually granted, I'm not really seeing how that would work. There's been some more discussion of this, through a contract law lens, in the "PSA" thread. The best post there, in my view, is this one: [URL="https://www.enworld.org/threads/hello-i-am-lawyer-with-a-psa-almost-everyone-is-wrong-about-the-ogl-and-srd-clearing-up-confusion.694192/post-8880148"]Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.[/URL] That poster says the following: I'm not able to take the analysis any further than this - [USER=1772]@bmcdaniel[/USER] is a better US contract lawyer than I am. [/QUOTE]
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We got an official leak of One D&D OGL 1.1! Watch Our Discussion And Reactions!
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