Having read through the proposed draft OGL 1.2 document, you'd think it sounds all peachy for the most part. But there's two really sneakily hidden gems in the document, and that's clauses 3b and 9e.
Clause 3b:
(b) In any such lawsuit, you must show that we knowingly and intentionally copied your Licensed Work. Access and substantial similarity will not be enough to prove a breach of this Section 3.
Clause 9e:
(e) This license and all matters relating to its interpretation and enforcement will be governed by the laws of the State of Washington, and any disputes arising out of or relating to this license will be resolved solely and exclusively through individual litigation in the state or federal courts located in the county in which Wizards (or any successor) has its headquarters, and the parties expressly consent to the jurisdiction of such courts. Each party hereto irrevocably waives the right to participate in any class, collective, or other joint action with respect to such a dispute.
The problem when you combine these two, is that under the relevant governing laws of where WotC's headquarters are located (King County, Washington and thus American copyright laws) the way you prove copyright infringement took place is access and substantial similarity. In this regard, WotC can STILL steal from third party content going forward and get away with it, because they just made you agree that the only way it's possible to show copyright infringement took place is not enough evidence. The fact that the sentence regarding access and substantial similarity was added to clause 3b at all shows that the intention of WotC is STILL to be able to get away with stealing form third parties.
No. New. License. Whatsoever. 1.0a ONLY WotC. Stop trying to pull the wool over the community's eyes.
The new OGL is still a big problem, it still tries to force everyone into WotC's walled garden, it still leaves the door open for them to screw over independent third party publishers. I won't stop fighting or yelling about this until they get it right, no matter how much you scream at me.
Rollback Post to RevisionRollBack
Sylnache Ashrain - 7th Sojourn
To post a comment, please login or register a new account.
Having read through the proposed draft OGL 1.2 document, you'd think it sounds all peachy for the most part. But there's two really sneakily hidden gems in the document, and that's clauses 3b and 9e.
Clause 3b:
(b) In any such lawsuit, you must show that we knowingly and intentionally copied your Licensed Work. Access and substantial similarity will not be enough to prove a breach of this Section 3.
Clause 9e:
(e) This license and all matters relating to its interpretation and enforcement will be governed by the laws of the State of Washington, and any disputes arising out of or relating to this license will be resolved solely and exclusively through individual litigation in the state or federal courts located in the county in which Wizards (or any successor) has its headquarters, and the parties expressly consent to the jurisdiction of such courts. Each party hereto irrevocably waives the right to participate in any class, collective, or other joint action with respect to such a dispute.
The problem when you combine these two, is that under the relevant governing laws of where WotC's headquarters are located (King County, Washington and thus American copyright laws) the way you prove copyright infringement took place is access and substantial similarity. In this regard, WotC can STILL steal from third party content going forward and get away with it, because they just made you agree that the only way it's possible to show copyright infringement took place is not enough evidence. The fact that the sentence regarding access and substantial similarity was added to clause 3b at all shows that the intention of WotC is STILL to be able to get away with stealing form third parties.
No. New. License. Whatsoever. 1.0a ONLY WotC. Stop trying to pull the wool over the community's eyes.
No I will not stop it, ever.
The new OGL is still a big problem, it still tries to force everyone into WotC's walled garden, it still leaves the door open for them to screw over independent third party publishers. I won't stop fighting or yelling about this until they get it right, no matter how much you scream at me.
Sylnache Ashrain - 7th Sojourn