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[ORC] Vision for one or more ORC systems: convert the entire OGC archives from the start, using a massive team of converters
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<blockquote data-quote="pemerton" data-source="post: 8926896" data-attributes="member: 42582"><p>On a plain reading, the first sentence of section 7 of the OGL looks like an open-ended promise: "You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity."</p><p></p><p>And we all agree that the contract can't be unilaterally revoked!</p><p></p><p>Maybe there's an argument for a non-plain reading, but it's not obvious (at least to me): an irrevocable promise to forebear from using material X doesn't seem outrageous consideration in the context of a royalty-free licence to use material Y.</p><p></p><p>And the second sentence <em>does</em> qualify the promise - "You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark." Which reinforces the open-ended character of the first sentence.</p><p></p><p><em>Product identity</em> has to be identified as such by its "owner" (section 1), which makes me think that the first sentence is a promise never to use the product identity identified as such by its owner in the context of them being the other party to the contract. Whereas the second sentence seems to be a promise with a narrower field of operation - only works containing OGC - but with a wider preclusion of use - any trademark whatsoever, whether or not belonging to the other contracting party.</p><p></p><p>The above is my take on having a first go at a close reading. There are probably other constructions available, and maybe some are more legally plausible and/or more favourable to WotC's licensees.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8926896, member: 42582"] On a plain reading, the first sentence of section 7 of the OGL looks like an open-ended promise: "You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity." And we all agree that the contract can't be unilaterally revoked! Maybe there's an argument for a non-plain reading, but it's not obvious (at least to me): an irrevocable promise to forebear from using material X doesn't seem outrageous consideration in the context of a royalty-free licence to use material Y. And the second sentence [i]does[/i] qualify the promise - "You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark." Which reinforces the open-ended character of the first sentence. [i]Product identity[/i] has to be identified as such by its "owner" (section 1), which makes me think that the first sentence is a promise never to use the product identity identified as such by its owner in the context of them being the other party to the contract. Whereas the second sentence seems to be a promise with a narrower field of operation - only works containing OGC - but with a wider preclusion of use - any trademark whatsoever, whether or not belonging to the other contracting party. The above is my take on having a first go at a close reading. There are probably other constructions available, and maybe some are more legally plausible and/or more favourable to WotC's licensees. [/QUOTE]
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