> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED]]On Behalf Of Will Hindmarch
> Sent: Tuesday, April 17, 2001 10:45 PM
> To: [EMAIL PROTECTED]
> Subject: Re: [Ogf-l] I'm Game
>
>
> I'm not sure about "clearly liable." Party B can certainly argue that
it is
> Party C's responsibility to check the validity of any work which they are
> utilizing. It might not fly, but it's arguable. We'll see when it comes
up, I
> guess.
That will be the defense, no doubt. We'll see how it flies.
> However, there is the very real issue, as you suggest, that hobbyists
will
> be utilizing the license to distribute fanworks (free games). In
> which case:
>
> 1. Your 99.9% figure begins to break down. Hobbyists and professionals
are
> benefitting from the license.
> 2. I'd expect that Party Cs with no actual material investment in the
> license would be out no money when asked to cease and desist downstream.
> Therefore, what would Party B be liable for, except themselves?
What if Party C is a professional with money to lose, and Party B is a
hobbyist with nothing major to lose? Do we just expect Party C to never
build upon "hobbyist" works, on the assumption that there's more risk? Don't
like that. I daresay many hobbyists will correctly follow the OGL and STL,
while some professionals may slip up. Hobbyist or professional, there's
still potential downstream liability.
> The real problem comes when hobby material interacts with professional
> material. In which case all hobbyists should concern themselves with the
very
> real consequences. The hobbyists should be concerned, should be worried,
about
> the consequences of their actions. When they choose to interact with the
> professionals, it should be on the professional's terms. This is
> serious stuff.
But they don't control how someone else makes use of their work. I think
Faust has identified some real potential liabilities here. The hobbyist has
to be as careful as the professional does.
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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