At 10:49 AM 8/21/02 -0600, Scott Metzger wrote:
>You are going to say yes, that is legal.  But if it is legal, how does
>it reconcile with section 3 of the OGL which says that if you use OGC
>than you have agreed to abide by the OGL license?

Because the offer and acceptance of the contract that is the OGL never 
happens. It's irrelevant.

Say I run a fruit stand. I put up a sign saying that I'll give anyone who 
wants one a free apple, but only one. You want two apples, and you offer to 
pay me $1 for them. I agree, and sell you the two apples. Is this illegal? 
No. I'm simply negotiating a separate deal for you, that has nothing at all 
to do with the free apple offer I'm making to everyone else.

That content belongs to Wizards, and they're free to license it to whomever 
they want, under whatever terms they choose. The OGL is simply the blanket 
offer they make to everyone, with certain attendant conditions if you 
accept it.

Sixten

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