> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of
> [EMAIL PROTECTED]
> Sent: Thursday, March 29, 2001 4:29 PM
> To: [EMAIL PROTECTED]
> Subject: [Open_Gaming] Plain Engrish License
>
>
> It's a new, and I think long overdue, trend in law to cut the
> crap and write
> in plain English.
This is a trend that is doomed to fail. Like it or not, legalese is precise.
English is not. "Plain English text" often means as many things as there are
readers. Maybe more.
To see why this noble (and understandable!) sentiment is misguided, look at
some analogous proposals:
1. "I think musical notation is crap. Music should be written in Plain
English." Well, assuming you could do this, the resulting text would be
easily ten times as long as the original score, AND it would be impossible
to play.
2. "I think mathematics is crap. Math should be written in Plain English."
Can't be done. Plain English cannot express certain mathematical concepts.
3. "I think programming languages are crap. Programs should be written in
Plain English." Programs must be precise. Plain English isn't. Attempts at
"natural language programming" ultimately stumble over this hurdle: when two
native English speakers can disagree on the meaning of a simple sentence,
how in the world do you write programmatic rules for interpreting that
sentence AND every other sentence that comes along? Researchers have been
trying for decades, and they still don't have a general solution.
Terms in legalese have precise meanings established over centuries of
jurisprudence. Plain English is a constantly changing, living language which
changes with the times, the culture, and even the individual speaker.
> As I read this list, more and more folks are saying "If
> you're thinking of working with the OGL license, consult a lawyer.",
Not quite. What we're saying is, "If you place any value in your work
whatsoever, consult a lawyer before using the OGL and the STL. If you place
no value in it and don't mind losing it all, don't bother consulting a
lawyer. And even then, you may find yourself liable for unintended
consequences."
> to
> which I have much to say, considering that the abolition of the
> lawyer class
> in America would be a plus in my book. Not to point fingers and
> heckle, but
> is everyone on this list so concerned about being sued by using the OGL or
> d20? Is this the sort of environment that we are fostering with the open
> gaming movement? "Open Your Games but Watch Your Ass?"
Yes. This is the real world, not some free love fantasy world. These
licenses have real legal obligations with real legal consequences.
Pretending they do not will change that.
> For every person that wanders into this list and is told "see a lawyer", I
> have a better suggestion: maybe we should have an OGL written so
> that people
> can frickin' understand the thing, instead of this host of
> priests whose job
> it is to interpret the thing like chicken entrails.
You are welcome to make such a license if you wish. Others are welcome to
use it if they wish. More power to you. Maybe you will write a better
license that protects the rights of creators and still encourages the
creation of material that works well together. Maybe yours will be
comprehensible to every lay reader without the slightest chance of
misinterpretation. If you do this, I'll bet a number of people will release
games and game products under your license. I look forward to reading it.
But if you fail... If your license gives away the rights of creators... If
your license leaves creators unduly vulnerable to suits... Then people will
stick with the licenses written by the professionals.
Yes, there's that word: "professional". That's a dirty word to some folks,
particularly folks who hate lawyers. Well, I happen to agree, in some sense:
I wish it were easier for laymen to practice law. Maybe then more laymen
would get educated on the law.
But "professional" implies a careful study of the field, not just spot
knowledge. You can write software without being a professional programmer;
you can practice first aid without being a professional doctor; and you can
execute your own legal documents without being a professional lawyer. But
that doesn't mean a professional won't do a job that is orders of magnitude
better.
Martin L. Shoemaker
Martin L. Shoemaker Consulting, Software Design and UML Training
[EMAIL PROTECTED]
http://www.MartinLShoemaker.com
http://www.UMLBootCamp.com
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