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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="Ondath" data-source="post: 8921319" data-attributes="member: 7031770"><p>And to make a distinction: [USER=42582]@pemerton[/USER] and [USER=23751]@Maxperson[/USER] are making two different claims from what I understand. </p><p></p><p>Maxperson states that WotC could declare they are withdrawing the SRD 5.1 from CC, much in the same way they wanted to declare OGL v1.0a deauthorised. This is impossible to the point of ridiculousness. The OGL was a small license that only concerned a tiny industry. WotC controls OGL v1.0a, and they had an extremely dubious legal theory about what authorised meant in Section 9. Even with all those things, it was extremely likely their claim couldn't win in court. </p><p></p><p>WotC has <strong>none </strong>of these with CC. CC is maintained by a nonprofit that has a vested interest for CC to be applied as intended. Far too many industries rely on CC and things that are entered into it staying there for good. The Creative Commons license is authorised to use with very strict provisions, and Creative Commons would enforce their terms. </p><p></p><p>Pemerton's point (which he also makes in another thread), from what I understand, is related to the fact that even CC might not justify a forever valid offer to use copyrighted content. It's about a theoretical discussion on whether you can bind yourself in the way perpetually giving away your content to CC would require. But even then, it's a nuanced view with notable caveats: Most importantly, he had noted earlier the provision in CC that gives you the right to stop distributing your CC content, but that others could still use that content. From what I understand, there is still some lack of clarity on how this works when it comes to upstream rights, but this is an extremely technical discussion whose bounds are quite clear. </p><p></p><p>But even that nuanced discussion shouldn't push us laymen to think CC is completely unreliable, from what I understand. It's more a probing of the limits of CC. Which is valuable, but it's not the same thing as "3PPs are still under threat of C&Ds from WotC!"</p></blockquote><p></p>
[QUOTE="Ondath, post: 8921319, member: 7031770"] And to make a distinction: [USER=42582]@pemerton[/USER] and [USER=23751]@Maxperson[/USER] are making two different claims from what I understand. Maxperson states that WotC could declare they are withdrawing the SRD 5.1 from CC, much in the same way they wanted to declare OGL v1.0a deauthorised. This is impossible to the point of ridiculousness. The OGL was a small license that only concerned a tiny industry. WotC controls OGL v1.0a, and they had an extremely dubious legal theory about what authorised meant in Section 9. Even with all those things, it was extremely likely their claim couldn't win in court. WotC has [B]none [/B]of these with CC. CC is maintained by a nonprofit that has a vested interest for CC to be applied as intended. Far too many industries rely on CC and things that are entered into it staying there for good. The Creative Commons license is authorised to use with very strict provisions, and Creative Commons would enforce their terms. Pemerton's point (which he also makes in another thread), from what I understand, is related to the fact that even CC might not justify a forever valid offer to use copyrighted content. It's about a theoretical discussion on whether you can bind yourself in the way perpetually giving away your content to CC would require. But even then, it's a nuanced view with notable caveats: Most importantly, he had noted earlier the provision in CC that gives you the right to stop distributing your CC content, but that others could still use that content. From what I understand, there is still some lack of clarity on how this works when it comes to upstream rights, but this is an extremely technical discussion whose bounds are quite clear. But even that nuanced discussion shouldn't push us laymen to think CC is completely unreliable, from what I understand. It's more a probing of the limits of CC. Which is valuable, but it's not the same thing as "3PPs are still under threat of C&Ds from WotC!" [/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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