> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED]] On Behalf Of Dale
Thurber
> Sent: Wednesday, August 28, 2002 1:52 PM
> To: [EMAIL PROTECTED]
> Subject: RE: [Ogf-l] Gentlemen's agreement
> 
> 
> There has to be some body of work representing this agreement.
> 
> It's simply word of mouth?
> 
> Anyone?

I'm searching, but not finding yet. But actually, though he phrased it
as a joke, Lizard's absolutely right: there DOES NOT have to be some
body of work representing this agreement. The Gentlemen's Agreement is
an informal agreement on the part of Wizards to say, "Act as if this is
official, and be willing to make any necessary changes (hopefully small)
when it DOES become official, and we'll choose not to pursue any legal
action, just as if the license were in place." Almost by definition,
this cannot be formally posted anyplace, because then it would become an
official license of a sort. And as soon as an official license is
considered, we have to get the Wizards legal team involved, which leads
to all the delay we've seen on the OGL, the SRD, and the STL.

So word of mouth -- or more accurately, word of email -- is exactly what
the Gentlemen's Agreement is. We have Ryan's email on this (somewhere in
the archives, but I haven't found it yet); and from there, knowledge of
the agreement spreads casually. Note that, last time I looked, the
Gentlemen's Agreement wasn't discussed ANYWHERE on the Wizards site,
just around here. It is highly questionable whether Wizards is legally
bound by it (ethically is a whole different debate).

A lot of publishers are publishing based on the Gentlemen's Agreement
and their belief that Wizards will act in good faith and follow the
agreement. Some have opined that if the the Gentlemen's Agreement
remains in place long enough, it will become widely acknowledged and
recognized, and a court may choose to grant it some weight even if
Wizards acts in bad faith. Other publishers may decide neither to trust
in Wizards' good faith nor to trust in an unofficial agreement, and thus
are holding off on reusing any SRD material that's not officially
released.

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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