Does this license allow me to give away a copy of "Sword and Fist" as Open Gift Content? No, I haven't read the FAQ, but I'm sure one of you helpful people can give me free legal advice that I can cite in court...
Martin L. Shoemaker Martin L. Shoemaker Consulting, Software Design and UML Training [EMAIL PROTECTED] http://www.MartinLShoemaker.com http://www.UMLBootCamp.com > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]]On Behalf Of Ryan S. Dancey > Sent: Monday, December 24, 2001 2:07 PM > To: [EMAIL PROTECTED]; [EMAIL PROTECTED] > Subject: [Ogf-l] New OGL Version Available! > > > As we all know, it has become increasingly difficult to ensure > that one is protected from litigation as a part of engaging in > various activities related to the Holidays. The law in these > matters is unclear, and despite the urgings of certain > individuals on rec.xmas.presents.giving it is completely > uncertain that the act of gift transference can be legally > accomplished within the existing legal framework without concern. > > In an effort to resolve these challenges, and to promote an > increse in Gift Giving, Happiness, and Holiday Cheer, the staff > and management of the Open Game Foundation have taken the time to > draft a special version of the OGL suitable for these necessary purposes: > > Happy Holiday of Your Choice! > Ryan S. Dancey > > ========================= > > (begin license) > > OPEN GIFT LICENSE Version 12.25 > > 1. Definitions: (a)"Recipient" means the any person who receives, > or should have received, a gift persuant to this license or any > common-law gift transfer mechanism; (b)"Present" means any item, > promise of service, or other value-bearing instrument including > those which are wrapped, boxed, bowed, enveloped, hidden in > trees, left by the chimney with care, delivered to the bed area, > or accidentally left in the closet; (c) "Open the Gifts" means > to unwrap, unbox, remove bows, extract from envelopes, find > hidden in trees, take down from the chimney with care, spill > orange juice and/or toast crumbs on, or "accidentally" find while > "cleaning" someone else's room; (d)"Open Gift Content" means the > any Present conveyed to a Recipient, who in turn Opens the > Gifts, but does not include openings caused by small housepets > (unless the housepet also qualifies as the Recipient for that > particular Gift), torn or otherwise damaged wrapping caused by > accidents in transport, including ! > all Large Bag and/or Chimney Ascent/Decent incidents. (e) "Giver > Identity" means any indication of the person conveying the > Present to the Recipient for Opening the Gift Content, although > this identity may be obfuscated at the Giver's option as > "Anonymous", "Santa", "Elves from the North Pole", "Frosty", or > any other character (fictional or potentially real characters are > also permissible even if their exact status cannot be positively > recognized); (f) "Jesus" means any person of Hispanic descent > (or any other family/ethnic group with reasonable historical > precdence) and/or a two thousand year old individual who may or > may not have been sent to save us all from Satan's Power. (g) > "Holiday" means Cristmas, New Years (European or Chinese), > Kwanzaa, Chuanuka, and any Roman, Greek, African, Asian, or > other celebration occuring simultaneously with the Winter > Solictice. (h) "Happy" means the mental condition one obtains > after having been the Recipient, the Giver, or any o! > ther participant in a successful licesing opportunity per this Agreem > > 2. The License: This License applies to any Open Gift Content > that contains a notice indicating that the Open Gift Content may > only be Used under and in terms of this License. You must affix > such a notice to any Open Gift Content that you Use. No terms > may be added to or subtracted from this License except as > described by the License itself. No other terms or conditions may > be applied to any Open Gift Content distributed using this License. > > 3.Offer and Acceptance: By Opening a Gift licensed per the Open > Gift License You indicate Your acceptance of the terms of this License. > > 4. Grant and Consideration: In consideration for agreeing to use > this License, the Givers grant You a perpetual, worldwide, > royalty-free, non-exclusive license with the exact terms of this > License to Use, the Open Gift Content. > > 5.Representation of Authority to Contribute: If You are > contributing a Gift as Open Gift Content, You represent that > Your Gift is your legal property (or that you have authority to > make a representation such as a promise or a gift certificate) > and that You have sufficient rights to grant the rights conveyed > by this License. > > 6.Notice of Giver's Notice: You must update the GIVER'S NOTICE > portion of this License to include the exact text of the GIVER'S > NOTICE of any Open Gift Content You are distributing, and You > must add the the GIVER'S IDENTITY to the GIVER NOTICE of any > Open Gift Content you Distribute. > > 7. Copy of this License: You MUST include a copy of this License > with every instance of Open Gift Content You Distribute. > Permission to distribute this License in whole or in part is > hereby granted to all Recipients and Gift Givers. > > 8. Inability to Comply: If it is impossible for You to comply > with any of the terms of this License with respect to some or > all of the Open Gift Content due to statute, judicial order, or > governmental regulation, lateness of the hour, simple > misunderstanding, poor inventory practices at various local > merchants and e-commerce sites, bad weather, ignorance, tired > reindeer, lack of sufficent dradle spinning material, or other > problem which can be reasonably ("reasonably" being defined as > "you can say the excuse with a straight face") explained then > You may delay the transfer of the Open Gift Content until such > time as you can fulfil your obligations under this Agreement as > the Giver. > > 9. Reformation: If any provision of this License is held to be > unenforceable, such provision shall be reformed only to the > extent necessary to make it enforceable. > > 10. Gift Enhancement: It is reasonably beleived by certain > memebers of the Open Gift Community that the number and/or > quality of the Gifts that are received pursuant to this License > may be enhanced via the mechanism of providing sustenance to a > mysterious figure known as The Jolly Old Elf. This term permits > you to attempt this Gift Enhancement Activity via the placement > of cookies, milk, and any other food item you think, in your > considered opinion, likely to trigger the desired result. > Neither the writer, nor any 3rd party to this license is > responsible for the proof of existence of the Jolly Old Elf, or > for his/her actions within your house, apartment, condo, or > other domicile. > > 11. Charitable Giving: In an effort to increase the sum total > of "Happiness" experienced during the "Holiday", the Licensor > strongly suggests excersizing your rights per this Agreement to > convey one or more Gifts to those who might not otherwise find > themselves Licensed Recipients of Open Gift Content. For > reasons not fully understood at this time, excersizing this > clause has the odd effect of increasing both the Recipient's and > the Giver's Happiness simultaneously. > > 12. The "Santa" Clause: In addition to the provisions of Clause > 10 above, there are certain other terms to which you agree to be > bound by Using this Agreement. These include: Permission to fly > over and land on your rooftop in a sleigh or other conveyance, > pulled by eight (optionally nine based on inclement weather) > tiny reindeer. An individual (and any necessary elf helpers) who > are occupants of this vehicle may enter your home for the sole > purpose of delivering Open Gift Content, and/or consuming the > Gift Enhancement you have provided for that purpose. Should you > be awakened by the activities related to this Term, and should > you actually see the individuals involved, they will remove > themselves from your premises via the chimney or other > non-standard method of egress forthwith. At no time should you > awaken any other member of your family or guests who may be > staying under your roof, nor should you attempt to take pictures > of said individuals for publication ! > in various national tabloids or the internet. > > 13. GIVER'S NOTICE > > Open Gift License v 12.25 Copyright 2001, Ryan S. Dancey > > =========================== > > (end license) > _______________________________________________ > Ogf-l mailing list > [EMAIL PROTECTED] > http://www.opengamingfoundation.org/mailman/listinfo/ogf-l _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://www.opengamingfoundation.org/mailman/listinfo/ogf-l
