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WotC Unveils Draft of New Open Gaming License
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<blockquote data-quote="The Scythian" data-source="post: 8908248" data-attributes="member: 6875986"><p>If you don't see an issue, then you don't know how OGL 1.0a works.</p><p></p><p>It's not that a contributor designates their copyrighted work as Open Game Content and then other people automatically get to use it. It's that a contributor agrees to give someone who agrees to and abides by the terms of the OGL a license to use their copyrighted work.</p><p></p><p>Licensees agree to the license by using the OGC offered by the contributor (Section 3). Licensees may not use any parts of the contributor's work designated as Product Identity (Section 7). They must designate their own OGC, if any (Section 8) and PI, if any (if they want protection under Section 7). They must credit the contributors of any OGC they use and acknowledge their copyrights in the Copyright Section of the license (Section 6 sets the requirement, Section 15 is where the credits and copyright acknowledgments must go). If all these conditions are met, the contributor grants the licensee "a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." (Section 4.)</p><p></p><p>Section 9 of OGL 1.0a says that a contributor agrees to allow their OGC to be copied, modified, or distributed under any authorized version of the license, but that doesn't supersede the other requirements that the contributor agreed to. Even if license 1.2 is authorized, it doesn't offer any mechanism by which prospective licensees might secure a license from a contributor.</p><p></p><p>The language to do so isn't even there. You don't need to be a lawyer to realize that you can't use a license that doesn't define or even mention Open Game Content to copy, modify, or distribute Open Game Content. You don't need to be a lawyer to understand that if a contract doesn't offer a way for a prospective licensee to secure a license to use someone else's copyrighted work, they can't use that copyrighted work.</p></blockquote><p></p>
[QUOTE="The Scythian, post: 8908248, member: 6875986"] If you don't see an issue, then you don't know how OGL 1.0a works. It's not that a contributor designates their copyrighted work as Open Game Content and then other people automatically get to use it. It's that a contributor agrees to give someone who agrees to and abides by the terms of the OGL a license to use their copyrighted work. Licensees agree to the license by using the OGC offered by the contributor (Section 3). Licensees may not use any parts of the contributor's work designated as Product Identity (Section 7). They must designate their own OGC, if any (Section 8) and PI, if any (if they want protection under Section 7). They must credit the contributors of any OGC they use and acknowledge their copyrights in the Copyright Section of the license (Section 6 sets the requirement, Section 15 is where the credits and copyright acknowledgments must go). If all these conditions are met, the contributor grants the licensee "a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content." (Section 4.) Section 9 of OGL 1.0a says that a contributor agrees to allow their OGC to be copied, modified, or distributed under any authorized version of the license, but that doesn't supersede the other requirements that the contributor agreed to. Even if license 1.2 is authorized, it doesn't offer any mechanism by which prospective licensees might secure a license from a contributor. The language to do so isn't even there. You don't need to be a lawyer to realize that you can't use a license that doesn't define or even mention Open Game Content to copy, modify, or distribute Open Game Content. You don't need to be a lawyer to understand that if a contract doesn't offer a way for a prospective licensee to secure a license to use someone else's copyrighted work, they can't use that copyrighted work. [/QUOTE]
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