WHY IS WOTC LIMITING THE LICENSE TO GIFTS? I mean come on. If this
license was really about being "open" it would include anything the
"presenter" currently owns. Only allowing gifts to be "opened" makes them
essentially "crippled" objects. For example...you give me a GameBoy
Advanced for Christmas but you won't let me have the batteries from your
Walkman. What good is the Gameboy to me then? Without the batteries it is
a lump of plastic. I mean sure, I could go BUY batteries myself but that
completely undermines the spirit of the OGL.
IMO the presenters out there are just trying to screw those of us who are
holiday fans by so strictly limiting what we can take from them. Not to
mention the fact that anything you give us for our birthdays isn't covered
under the license which means you can keep that many more presents from us!
Until some generous people start really giving the things they own away for
free the OGL is a sham.
- Marc
At 11:07 AM 12/24/2001 -0800, you wrote:
>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)
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