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The draft OGL v1.2

Started by jhkim, January 20, 2023, 02:47:49 AM

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Effete

#90
January 24, 2023, 01:06:57 AM
Quote from: Toran Ironfinder on January 24, 2023, 12:02:12 AM
True as far as it goes, they have never claimed that they are using OGC content from other companies, though I have noted why I believe it is likely they have done as much borrowing as anyone else. However, if they did borrow OGC from another company using OGC content, under OGL 1.0a, if I understand this correctly, they could cure the problem by copying the OGL 1.0a into their products. . . . of course, if it is deauthorized, this cure is then lost. If court cases are filed, its possible that a fine tooth comb will be applied to a number of gaming products.

But if WotC never used the OGL, then by DEFINITION they haven't used "Open Game Content." They would have used other purported material under the doctrine of Fair Use (public domain). Any lawsuit challenging WotC's ability to deauthorize the license would be shooting itself in the head if they wandered off into this territory. Furthermore, it would be extremely counter-productive, since challenging WotC on such copyright claims only opens the door for them to make similar claims against other publishers. It's a fool's errand.

QuoteAs to mechanics, I'm not a lawyer, all I know is different lawyers have different opinions on issues related to "expression of mechanics" and whether issues related to court law apply to RPGs, I'm not making an argument that this is the direction they will go in, I'm noting that its not necessarily as simple as we might want to think so having a defense ready might be wise.

Yeah, copyright has always been messy since there's no clear distinction where an idea becomes an IP. This was the entire point of tbe OGL... for publishers to say "this stuff is free use, this stuff is not." By opting-in to the license, you agree to those terms (regardless of how fuzzy they may be in a traditional copyright case). If you never used the OGL, those terms cannot be used against you.
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