From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]] On Behalf Of
[EMAIL PROTECTED]
Sent: Friday, February 14, 2003 12:56 PM
To: [EMAIL PROTECTED]
Subject: Re: [Ogf-l] The SRD has been updated!

<< Unless the agreement was documented explicitly to the contrary, however,
then it may be inferred that WotC has to give reasonable notice to change
products. >>

The Gentleperson's Agreement was never formally documented. That would have
made it a license; and Wizards takes a lot of time and lawyerly vetting
before they issue a license. In other words, making a "formal"
Gentleperson's Agreement would have taken the same effort as just releasing
the material under the OGL. So NOTHING in the Agreement was "documented
explicitly to the contrary"; but I don't think that has any bearing one way
or the other on Wizards' ability to revoke the draft material at will,
without notice.

A court may infer that Wizards has to give reasonable notice. Your attorney
may advise you that they have to give reasoanble notice, and may advise you
that it's safe to risk the entire costs of a print run (plus ancillary
costs) on that inference. But I wouldn't take the advice of this list in
that regard.


<< In that case, people getting ready to go to the printers next week might
be OK for their first draft of a product. >>

I wouldn't risk it. You can if you like, but I'd check with your lawyer
first. It looks to me like you'd be releasing derivative material without a
license, period.

If it costs you money to hold off at the last minute: well, such have ALWAYS
been the known risks of the Gentleperson's Agreement.

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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