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<blockquote data-quote="Greg Benage" data-source="post: 8920067" data-attributes="member: 93631"><p>There are no changes they could make to the license language that would prevent them from trying again next year. Instead of words, Wizards has taken an <em>action</em> that creates a powerful disincentive (combined with the PR bruises the company will wear for a while) to make another attempt next year. The harbor is as safe as it's ever been <em>right now</em>.</p><p></p><p>The real threat to publishers, as it always has been, is a claim of copyright infringement. If you're publishing a game that does not use D&D IP, you don't have to worry about Wizards bringing a claim of copyright infringement against you. If you're publishing a game that <em>does</em> use D&D IP, your contractual rights under OGL 1.0a remain your strongest possible defense against Wizards bringing a claim of copyright infringement against you. The disincentive to withdraw their offer under the OGL 1.0a that the company has created by releasing its current rules into the commons provides more security to publishers than any change of license language could.</p><p></p><p>If a publisher still deems the risk too great, I'd recommend not licensing another company's IP. For me, the worst-case scenario is this: (1) A bunch of 3PPs nestle under the wings of Paizo and their ORC license. (2) Paizo strips out a bunch of "D&D" from <em>Pathfinder</em> and releases a new SRD under ORC instead of the OGL. (3) Third parties begin publishing products using that SRD under ORC. (4) Someone at Wizards thinks there's still too much "D&D" in <em>Pathfinder</em> and brings a claim of copyright infringement. (5) A court agrees with Wizards. The second worst-case scenario is that Paizo takes enough "D&D" out of PF that many fewer people want to play it. It becomes a fantasy heartbreaker.</p></blockquote><p></p>
[QUOTE="Greg Benage, post: 8920067, member: 93631"] There are no changes they could make to the license language that would prevent them from trying again next year. Instead of words, Wizards has taken an [I]action[/I] that creates a powerful disincentive (combined with the PR bruises the company will wear for a while) to make another attempt next year. The harbor is as safe as it's ever been [I]right now[/I]. The real threat to publishers, as it always has been, is a claim of copyright infringement. If you're publishing a game that does not use D&D IP, you don't have to worry about Wizards bringing a claim of copyright infringement against you. If you're publishing a game that [I]does[/I] use D&D IP, your contractual rights under OGL 1.0a remain your strongest possible defense against Wizards bringing a claim of copyright infringement against you. The disincentive to withdraw their offer under the OGL 1.0a that the company has created by releasing its current rules into the commons provides more security to publishers than any change of license language could. If a publisher still deems the risk too great, I'd recommend not licensing another company's IP. For me, the worst-case scenario is this: (1) A bunch of 3PPs nestle under the wings of Paizo and their ORC license. (2) Paizo strips out a bunch of "D&D" from [I]Pathfinder[/I] and releases a new SRD under ORC instead of the OGL. (3) Third parties begin publishing products using that SRD under ORC. (4) Someone at Wizards thinks there's still too much "D&D" in [I]Pathfinder[/I] and brings a claim of copyright infringement. (5) A court agrees with Wizards. The second worst-case scenario is that Paizo takes enough "D&D" out of PF that many fewer people want to play it. It becomes a fantasy heartbreaker. [/QUOTE]
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