> From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED]] On Behalf Of > Clark Peterson > Sent: Wednesday, August 21, 2002 6:38 PM > To: [EMAIL PROTECTED] > Subject: RE: [Ogf-l] Publishing under the OGL > > I think people confused using other's OGC with what > happens when they designate their own non-OGC content > as OGC and thought that meant they lost the rights to > their own stuff, which they do not.
OK, Clark, you're the lawyer; but I think you're missing something here. That usually mean's I'M missing something. Can you point it out? Notice the wording of Section 3: **************************************************************** 3.Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License. **************************************************************** Note that it DOESN'T say: "By Using the Open Game Content OUTSIDE THE TERMS OF ANY OTHER LICENSE You indicate Your acceptance..." Nor does it say "By Using the Open Game Content WHEN THE ORIGINAL AUTHOR INTENDS THIS LICENSE TO APPLY You indicate Your acceptance..." In other words, it seems to me that, whether you intend to enforce it or not, anyone who uses your OGC in any way as defined by the OGL is bound by the OGL. It looks to me like the act of using the OGC counts as Offer and Acceptance under the OGL, without regard to other agreements. Wizards gets around this by NEVER licensing the SRD under any license but the OGL, and NEVER licensing any of the original material under the OGL. They have what looks to me like a pretty clever way of avoiding this issue. Please tell me where I'm wrong. Is it the case that you cannot have a license agreement where neither party intended a license agreement to exist? (I remember something abour such an "unintended" contract in "The Paper Chase" or some other law school film.) Can we word a license agreement between us to supercede the OGL? Or is my reading of Section 3 too literal minded in some sense? Martin L. Shoemaker Martin L. Shoemaker Consulting, Software Design and UML Training [EMAIL PROTECTED] http://www.MartinLShoemaker.com http://www.UMLBootCamp.com _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
