The WotC OGL Release on DDB today was edited in real time!

[Yaarel]

No it's not. Look up what publishing means.

If I post a homebrew race here in a thread, nothing has been published.

Here is from West's Encyclopedia of American Law (2008).

Publish
To circulate, distribute, or print information for the public at large.
...
The meaning of the term publish differs according to the context in which it is used. In its broadest sense, the term publishing describes the act of making something known to the general public. A publication can be accomplished by speaking in a public place, printing information on paper and distributing it on the street, buying or otherwise securing time on television, placing information in a circulated newspaper or magazine, or other similar methods.
...

Posting on ENWorld is "publishing".

 

[Maxperson]

Here is from West's Encyclopedia of American Law (2008).


Posting on ENWorld is "publishing".

Yay! I've been published!! Except almost nobody would think that just because I wrote this on ENWorld.

There's a reason why they say "in the broadest sense" which is very weak, and the far more important first sentence which you are ignoring, "The meaning of the term publish differs according to the context in which it is used."

You didn't check further when you posted that either. Here's a link that you could have followed from that West's Encyclopedia article about publication.

"In Copyright law, publication is making a book or other written material available to anyone interested by distributing or offering it for sale."

So no, simply post homebrew here doesn't count.

 

[Voadam]

"In Copyright law, publication is making a book or other written material available to anyone interested by distributing or offering it for sale."

I believe distributing is different from offering it for sale here. I do not believe things need to be sold to have copyright apply.

 

[bedir than]

It remains that if the OGL was required in order to homebrew then Wizards would be pursuing hundreds of thousands if not millions of OGL violations a month.

They aren't.

 

[Maxperson]

I believe distributing is different from offering it for sale here. I do not believe things need to be sold to have copyright apply.

Sure. Distributing could also be those things on DMsguild that are offered for free or pay what you want. Those are distributed. Pamphlets about an organization being handed out could also be distributed.

Posting homebrew here in a discussion wouldn't be distribution. Posting homebrew on a site intended for people to come get content or whatever to people for use at home might be.

 

[GMforPowergamers]

Yay! I've been published!! Except almost nobody would think that just because I wrote this on ENWorld.

I am totally telling everyone in my writing group we count as published now...

 

[Maxperson]

I am totally telling everyone in my writing group we count as published now...

My son's 2nd grade teacher submitted her class's haikus to the Young American Poetry Digest and they selected his haiku from among those submitted from around the country. He's actually been published!

 

[Voadam]

Sure. Distributing could also be those things on DMsguild that are offered for free or pay what you want. Those are distributed. Pamphlets about an organization being handed out could also be distributed.

Posting homebrew here in a discussion wouldn't be distribution. Posting homebrew on a site intended for people to come get content or whatever to people for use at home might be.

Posting a haiku online on a forum I believe the haiku would be subject to copyright protections.

I think posting stuff online counts as distributing, but generally falls under fair use for stuff like D&D discussions.

I am not an IP lawyer however, and this is not legal advice.