I sent a private email to Chris with an additional
explanation. It might prove useful regarding the
license issue:
In general, licenses are freely revocable by the
grantor of the license since a license is permission
to do something that would otherwise be
impermissible--use land, use property, etc.
But you made a good observation. It is hardly a good
thing to have licenses always be freely revocable. Who
would want those? That is why most licenses provide
revocability terms as part of the license. That
encourages the user to actually use the license
because they know it wont be revoked on them at any
time. But licenses are still revocable at will without
such a provision (unless it is what is called a
license coupled with an interest, but that is a whole
different matter).
Here is my concern:
WotC's "policy" says, essentially, "go ahead and make
stuff," authorizing people to do that which would
otherwise be illegal--use WotC trademarked and
copyrighted content. Now they can call it a "policy,"
but on its face that is a license that can be accepted
by performance by the licensee--actually making
something pursuant to the permission.
But, if construed as a license, since there are no
terms limiting revocability of the license it will be
construed to be revocable at will, meaning "you can do
this as long as we say ok, then you cant do it any
more once we dont want you to."
For example, lets say your neighbor is tearing up his
driveway and wants to park on your driveway in the
mean time. And you say "OK, here is my POLICY on that.
You can park on my driveway, but not more than one of
your cars at a time can be on my driveway."
You called it a "policy," but in legal effect you gave
him a license for him to park one car on your
driveway--he otherwise has no legal right to park on
your driveway without the license.
Now that license is revocable by you at will (since
there are no terms saying it isnt). You could go to
your neighbor and say, "You know, I changed my mind. I
dont want you to park there anymore." Now your
neighbor may get upset and may not like you for it,
but you can do it.
Same thing with the WotC policy if construed as a
license. They could say "dont park there" any time
they want. You might be upset, but thats life.
Clark
=====
http://www.necromancergames.com
"3rd Edition Rules, 1st Edition Feel"
__________________________________________________
Do You Yahoo!?
Yahoo! Photos - 35mm Quality Prints, Now Get 15 Free!
http://photos.yahoo.com/
-------------
For more information, please link to www.opengamingfoundation.org
