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WotC Talks OGL... Again! Draft Coming Jan 20th With Feedback Survey; v1 De-Auth Still On
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<blockquote data-quote="Greg Benage" data-source="post: 8904397" data-attributes="member: 93631"><p>Where is this language? Is it in the text of OGL 2? Fine, I don't have to agree to those terms. Is it a tweet? A blog post on D&D Beyond? Is it a Proclamation? What is the legal vehicle?</p><p></p><p>I think everyone agrees it's the easiest thing in the world to include some kind of "grandfather clause" in OGL 2. The problem is, that doesn't do what they want it to do, which is to have a least one person pay any attention to it.</p><p></p><p>Alternatively, they can simply <em>state </em>it. Again, no one is arguing this. They can tweet it, they can blog it, they can put it in the newspaper. The problem is, such a statement has no legal force or effect, AFAICS. There's no language in the contract everyone agreed to that allows them to change the terms of the agreement with a simple statement.</p><p></p><p>Finally, they can say, "All that may be true, but we <em>are</em> stating it, and if you continue to publish work under OGL 1.0a our lawyers will make it very expensive for you." And if <em>that's </em>the option they're going with...<em>who in their right minds is going to enter another agreement with them? </em>If that's what they're going with, what possible language could they put in their new agreement that would make a publisher say, "Well, I obviously don't trust you, but <em>this </em>agreement looks ironclad!"</p><p></p><p>Hasbro is invoking the nuclear option on OGL 1.0a. All the rest of this is the public relations equivalent of Indiana Jones hiding in the fridge, except that actually worked.</p></blockquote><p></p>
[QUOTE="Greg Benage, post: 8904397, member: 93631"] Where is this language? Is it in the text of OGL 2? Fine, I don't have to agree to those terms. Is it a tweet? A blog post on D&D Beyond? Is it a Proclamation? What is the legal vehicle? I think everyone agrees it's the easiest thing in the world to include some kind of "grandfather clause" in OGL 2. The problem is, that doesn't do what they want it to do, which is to have a least one person pay any attention to it. Alternatively, they can simply [I]state [/I]it. Again, no one is arguing this. They can tweet it, they can blog it, they can put it in the newspaper. The problem is, such a statement has no legal force or effect, AFAICS. There's no language in the contract everyone agreed to that allows them to change the terms of the agreement with a simple statement. Finally, they can say, "All that may be true, but we [I]are[/I] stating it, and if you continue to publish work under OGL 1.0a our lawyers will make it very expensive for you." And if [I]that's [/I]the option they're going with...[I]who in their right minds is going to enter another agreement with them? [/I]If that's what they're going with, what possible language could they put in their new agreement that would make a publisher say, "Well, I obviously don't trust you, but [I]this [/I]agreement looks ironclad!" Hasbro is invoking the nuclear option on OGL 1.0a. All the rest of this is the public relations equivalent of Indiana Jones hiding in the fridge, except that actually worked. [/QUOTE]
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