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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: 8921467" data-attributes="member: 42582"><p>This might be interesting to [USER=7032074]@ThorinTeague[/USER], [USER=23751]@Maxperson[/USER], [USER=7031770]@Ondath[/USER] and [USER=6780330]@Parmandur[/USER], as well as others interested in the technical aspects of CC.</p><p></p><p>As I already posted, Molly Van Houweling is on the board of CC - in fact her Berkeley profile says she's the Chair.</p><p></p><p>In 2007 she wrote a piece on "The New Servitudes" criticising the "automatic offer" mechanism: 96 Geo. L.J. 885</p><p></p><p>In 2011, she wrote something of a sequel to that, as I mentioned just upthread: "Touching and Concerning Copyright: Real Property Reasoning in MDY Industries, Inc. v. Blizzard Entertainment, Inc." 51 Santa Clara L. Rev. 1063</p><p></p><p>The following is from p 1071 of that second paper:</p><p></p><p style="margin-left: 20px">There are reasons to doubt whether enforcement of these "new servitudes" is generally desirable. But for now I want to focus on another question: assuming it is possible for intellectual property owners to impose-with notice-use restrictions on copies of their works, what substantive limitations should there be on the terms of those restrictions?</p><p></p><p>The automatic offer is not a restriction on use in the strictest sense, but it is a similar sort of legal consequence ostensibly imposed on dealing with the work, that appears to be intended to operate independently of contract.</p><p></p><p>Maybe this author has changed her mind over the past decade. But if a board member of CC can write her papers, I don't feel too self-conscious about posting my own uncertainties as to the precise legal mechanism at work!</p></blockquote><p></p>
[QUOTE="pemerton, post: 8921467, member: 42582"] This might be interesting to [USER=7032074]@ThorinTeague[/USER], [USER=23751]@Maxperson[/USER], [USER=7031770]@Ondath[/USER] and [USER=6780330]@Parmandur[/USER], as well as others interested in the technical aspects of CC. As I already posted, Molly Van Houweling is on the board of CC - in fact her Berkeley profile says she's the Chair. In 2007 she wrote a piece on "The New Servitudes" criticising the "automatic offer" mechanism: 96 Geo. L.J. 885 In 2011, she wrote something of a sequel to that, as I mentioned just upthread: "Touching and Concerning Copyright: Real Property Reasoning in MDY Industries, Inc. v. Blizzard Entertainment, Inc." 51 Santa Clara L. Rev. 1063 The following is from p 1071 of that second paper: [indent]There are reasons to doubt whether enforcement of these "new servitudes" is generally desirable. But for now I want to focus on another question: assuming it is possible for intellectual property owners to impose-with notice-use restrictions on copies of their works, what substantive limitations should there be on the terms of those restrictions?[/indent] The automatic offer is not a restriction on use in the strictest sense, but it is a similar sort of legal consequence ostensibly imposed on dealing with the work, that appears to be intended to operate independently of contract. Maybe this author has changed her mind over the past decade. But if a board member of CC can write her papers, I don't feel too self-conscious about posting my own uncertainties as to the precise legal mechanism 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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