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WotC Backs Down: Original OGL To Be Left Untouched; Whole 5E Rules Released as Creative Commons
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<blockquote data-quote="pemerton" data-source="post: 8919860" data-attributes="member: 42582"><p>Perhaps - the argument here would be that WotC have, by promulgating the new variant, empowered you to remove their alleged power of deauthorisation.</p><p></p><p>My view remains that, given their alleged power of deauthorisation turns entirely on an implausibly strained construction of the legal text, any comfort taken from the change you are canvassing would be false comfort - because strained interpretations are a dime a dozen when you have WotC's legal team ready to suggest them.</p><p></p><p>To put it another way: suppose there were a small number of "loopholes", of known sizes; then closing off one reduces the overall vulnerability.</p><p></p><p>But that's not what we're talking about. There is no loophole here that needs to be shut: there is an implausible argument being used to throw commercial weight around. As long as the commercial weight remains, new implausible arguments can always be constructed. So why waste time and energy worrying about the particular form the last such event took? To me it almost seems like a type of fetishisation of the legal text, rather than a realistic appraisal of the actual dynamics at work.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8919860, member: 42582"] Perhaps - the argument here would be that WotC have, by promulgating the new variant, empowered you to remove their alleged power of deauthorisation. My view remains that, given their alleged power of deauthorisation turns entirely on an implausibly strained construction of the legal text, any comfort taken from the change you are canvassing would be false comfort - because strained interpretations are a dime a dozen when you have WotC's legal team ready to suggest them. To put it another way: suppose there were a small number of "loopholes", of known sizes; then closing off one reduces the overall vulnerability. But that's not what we're talking about. There is no loophole here that needs to be shut: there is an implausible argument being used to throw commercial weight around. As long as the commercial weight remains, new implausible arguments can always be constructed. So why waste time and energy worrying about the particular form the last such event took? To me it almost seems like a type of fetishisation of the legal text, rather than a realistic appraisal of the actual dynamics at work. [/QUOTE]
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WotC Backs Down: Original OGL To Be Left Untouched; Whole 5E Rules Released as Creative Commons
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