On Thu, 17 Aug 2006, Tom Caudron wrote: > Clark said, ""Terms" may not change, but enforcement sure does." > > The Prometheus project violates no part of the OGL of which I am aware, > which was the implied claim of the original email to which I was > replying. In the context of that comment, I have to stand by my claim. > Future kings in the Halls of WotC may not like the OGL and the d20SRD, > but the terms of the license are what they are. There exists no term > violations to enforce. In other words, if Prometheus violates some > arcane misunderstood term of the OGL, so do the rest of you (as nothing > Prometheus does is unknown in whole or in part in many other works) and > we have all based our respective products/projects on a misunderstanding > of the OGL---which would be unfortunate. > > I tend to believe that amongst all the various lawyers all of us have > spoken with, at least one of them would have raised the red flag if the > terms of the OGL were somehow dangerously mercurial or if there were > enforcement leeway on those terms that made them so.
Over the years on this list a number of points in the licenses have been found to be open to at least two different interpretations each. I don't have a score card handy to say which side the various official lawyers on this list sided on with each dispute, but I'd be surprised if they all agreed on every single point. Various publishers have picked between the interpretations (some with the help of their own lawyers, probably most without) and produced products that (one hopes) they felt were legal. Odds are some of those products are in violation of one or the other license, with the only thing saving them being the fact that WotC chooses not to prosecute minor or one-time violations. I don't feel anyone should feel secure in their license compliance simply based on the practices of other publishers or debates on these e-lists. Spike Y Jones _______________________________________________ Ogf-l mailing list [email protected] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
