Thank you Clark for that excellent summary.
Seems my original statement:
"The Online Policy effectively constitutes a license".
... was not so far off the mark, despite the thrashing I received.
Faust
>From: Clark Peterson <[EMAIL PROTECTED]>
>Reply-To: [EMAIL PROTECTED]
>To: [EMAIL PROTECTED]
>Subject: Re: [Open_Gaming] A D20STL caution
>Date: Fri, 29 Sep 2000 11:07:55 -0700 (PDT)
>
>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"
>
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