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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="pemerton" data-source="post: 8905694" data-attributes="member: 42582"><p>Yes. Let's call them work A and work B. For work A, you are at the centre of the "web" of contracts that constitutes the OGC ecology for this stand-alone RPG. For work B, WotC is at the centre of the parallel web.</p><p></p><p>For work A, if you retract your offer, there is a strong (but in my view not definite) argument that licensees, to whom you licensed A while your offer was still on foot, retain a power to sub-license your OGC even when you retract your offer. There are some subtleties here that are (in my view) unresolved: does their licence extend only to OGC from A that they have used, or to all the OGC offered as part of A. I have a recent post or two in the PSA thread (eg #2140) which discuss this. Those same posts explain why I think this argument about retention of the power to sub-license is not definite.</p><p></p><p>You are trying to read the OGL as a statute, that by force of law bestows a certain status on certain copyrighted works. But it's not. It's a private law instrument. It works by generating contractual permissions, powers and obligations. If no one has paid you to keep your offer on foot, you can retract it. This proposition is common ground on the PSA thread.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8905694, member: 42582"] Yes. Let's call them work A and work B. For work A, you are at the centre of the "web" of contracts that constitutes the OGC ecology for this stand-alone RPG. For work B, WotC is at the centre of the parallel web. For work A, if you retract your offer, there is a strong (but in my view not definite) argument that licensees, to whom you licensed A while your offer was still on foot, retain a power to sub-license your OGC even when you retract your offer. There are some subtleties here that are (in my view) unresolved: does their licence extend only to OGC from A that they have used, or to all the OGC offered as part of A. I have a recent post or two in the PSA thread (eg #2140) which discuss this. Those same posts explain why I think this argument about retention of the power to sub-license is not definite. You are trying to read the OGL as a statute, that by force of law bestows a certain status on certain copyrighted works. But it's not. It's a private law instrument. It works by generating contractual permissions, powers and obligations. If no one has paid you to keep your offer on foot, you can retract it. This proposition is common ground on the PSA thread. [/QUOTE]
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