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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: 8921345" data-attributes="member: 42582"><p>Correct!</p><p></p><p>Although not quite. Estoppels are not irrelevant. Interlocking networks of contracts are not irrelevant. Had WotC taken up and used a lot of other parties' OGC, then it would be in a very very different situation. I think it's not a coincidence that WotC only did that twice and then stopped.</p><p></p><p>This is why, as I've said, I regard the real driver of this kerfuffle as being the commercial situation: one dominant player, who owns nearly all the IP, and other players wanting to build businesses that operate in the big player's shadow and piggy-back on the big player's IP. </p><p></p><p>Without knowing very much at all about the software world, I assume there is much more interactivity in use and sharing, and not this same shape to the commercial situation.</p><p></p><p>Notice that the quote you've made does not talk about the ability for new people to get rights.</p><p></p><p>It says - in my view pretty uncontroversially - that <em>once you rely on the licence</em> you have irrevocable rights. It doesn't talk about what happens if the licensor tries to walk back the licence, such that "relying on the licence" becomes a more nuanced matter.</p><p></p><p>I am aware that the advocates of CC and similar licences believe that their "automatic offer" device works. In the PSA thread I posted links to, and brief commentary on, about half-a-dozen academic papers that discuss the matter. The ones that went into it in the most detail were the most doubtful about whether or not it works; and none considered what the effect would be of an upstream change of mind by the licensor. I've read one case, in which the licensor argued that a downstream party had accepted the "automatic offer" and hence was bound by the licence terms, and the court held otherwise. But while interesting, I don't think the case would be relevant to understanding the consequences of an upstream change of mind.</p><p></p><p>I am hoping to have time soon to do a fuller literature review. And as I've said, I'm very happy to be pointed to stuff that explains how the "automatic offer" works.</p><p></p><p>EDIT: [USER=7031770]@Ondath[/USER] - I've fixed my tag trouble to try and get the quotes of you correct!</p></blockquote><p></p>
[QUOTE="pemerton, post: 8921345, member: 42582"] Correct! Although not quite. Estoppels are not irrelevant. Interlocking networks of contracts are not irrelevant. Had WotC taken up and used a lot of other parties' OGC, then it would be in a very very different situation. I think it's not a coincidence that WotC only did that twice and then stopped. This is why, as I've said, I regard the real driver of this kerfuffle as being the commercial situation: one dominant player, who owns nearly all the IP, and other players wanting to build businesses that operate in the big player's shadow and piggy-back on the big player's IP. Without knowing very much at all about the software world, I assume there is much more interactivity in use and sharing, and not this same shape to the commercial situation. Notice that the quote you've made does not talk about the ability for new people to get rights. It says - in my view pretty uncontroversially - that [i]once you rely on the licence[/i] you have irrevocable rights. It doesn't talk about what happens if the licensor tries to walk back the licence, such that "relying on the licence" becomes a more nuanced matter. I am aware that the advocates of CC and similar licences believe that their "automatic offer" device works. In the PSA thread I posted links to, and brief commentary on, about half-a-dozen academic papers that discuss the matter. The ones that went into it in the most detail were the most doubtful about whether or not it works; and none considered what the effect would be of an upstream change of mind by the licensor. I've read one case, in which the licensor argued that a downstream party had accepted the "automatic offer" and hence was bound by the licence terms, and the court held otherwise. But while interesting, I don't think the case would be relevant to understanding the consequences of an upstream change of mind. I am hoping to have time soon to do a fuller literature review. And as I've said, I'm very happy to be pointed to stuff that explains how the "automatic offer" works. EDIT: [USER=7031770]@Ondath[/USER] - I've fixed my tag trouble to try and get the quotes of you correct! [/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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