On Sat, Jun 14, 2003 at 09:30:42PM -0700, Lizard wrote:
> At 08:43 PM 6/14/2003, you wrote:
> >
> >As a non-lawyer, it's not entirely clear to me that the intent not to
> >make a mistake completely protects one if one does make a mistake.  I
> >mean, maybe it does -- but I'd sort of like to see more to the argument
> >than that.
> 
> Well, when the terms of the contract include "authority to contribute", 
> *and* include a period for cure of a breach, it takes quite a bit to claim 
> something was added accidentally which cannot be de-added.

Right.  But if the person with authority to contribute makes a mistake,
it's not at all clear to me that there's any way to undo the error.  The
license doesn't say anything about having a 30 day period to change your
mind.  You have 30 days to cure the breach, and that's a useful grace
period if someone didn't have the authority to contribute Dungeon Master.

Note also 1.a:

        "Contributors" means the copyright and/or trademark owners who
        have contributed Open Game Content;

1.h:

        "You" or "Your" means the licensee in terms of this agreement.

And 5:

        Representation of Authority to Contribute: If You are contributing
        original material as Open Game Content, You represent that Your
        Contributions are Your original creation and/or You have sufficient
        rights to grant the rights conveyed by this License.

"You," in clause 5, is WotC.  Not the guy who did the edits on the SRD.
The copyright on the SRD belongs to WotC.  WotC certainly has sufficient
rights to place Dungeon Master under the OGL.

-- 
        Bryant Durrell [] http://www.innocence.com/~durrell [] 9/11/2001
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 "'That's right,' he said.  'We're philosophers.  We think, therefore we am.'"
                        -- Terry Pratchett, _Small Gods_
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