> Please tell me where I'm wrong. Is it the case that > you cannot have a > license agreement where neither party intended a > license agreement to > exist? (I remember something abour such an > "unintended" contract in "The > Paper Chase" or some other law school film.) Can we > word a license > agreement between us to supercede the OGL? Or is my > reading of Section 3 > too literal minded in some sense?
OK, here is the deal. It is--as you say--your USE of OGC that is acceptance of the license. So by creating a product using OGC, you are bound by the license. That is correct. AND a term of the OGL is that there can be no other agreements, as you say. See the provision in the OGL that says you cant add terms to reuse of OGC. But remember, this only applies to reuse of OGC. If the contetn is your original content, you own it. WotC doest get around this at all. Dont think of it that way. WotC is the creator of original content. They have chosen to license that content (specifically the content in the SRD) through the OGL. Because they own teh content, they can do whatever else with it they want. They dont have to use the OGL. I "get around it" the same way. For example, in the Creature Collection I there is a monster called the Undead Ooze. The stats are OGC but the name is not. Lets say WotC wanted to put that in the Book of Vile Darkness (this is a hypothetical, by the way, not fact). They have two choices: 1. Use the OGL and use my OGC monster, but that makes their whole work fall under the OGL which they dont want to do; or 2. Not use the OGL and contact me directly to license the monster, which I as the owner of the content am free to do. If they do that, they are not using OGC and thus not triggering the OGL. They are licensing the content. I created the Undead Ooze (the concept). I can license it. The name and the concept are NOT derived from the SRD. (Its stats are, of course). Does that help explain things? Maybe this will help. Lets say I create content: the undead ooze. That is a thing I created. A conception. A creature. That--in its form--is intellectual property. I own that. I may release it as OGC. Now there are two things. There is the original undead ooze that I created and there is the version that I released as OGC. Releasing a version as OGC does not change the fact that as the creator I own the original iteration of the creature. So when WotC comes to me to license the monster, they license the original iteration, not the OGC version. Clark ===== http://www.necromancergames.com "3rd Edition Rules, 1st Edition Feel" __________________________________________________ Do You Yahoo!? HotJobs - Search Thousands of New Jobs http://www.hotjobs.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
