On Friday, April 09, 2004 11:28 PM Joe Mucchiello wrote: <snip> > > Yes, and as long as those limitations are fair and reasonable the > > deal is fine, but as it happens some of the provisions of OGL are > > not. > > Then don't enter the deal. Deals do not have to be fair and > reasonable, they need only be equitable. (That quid pro quo thing) > If you don't find the offer equitable, then you should not accept > the deal. Accepting the offer and then complaining about the terms > of the offer is a bad faith acceptance of the offer.
Someone making an offer with terms that are unlawful has to accept the risk that those terms are ignored by the other party. It's as simple as that. The rule is simple (in Sweden): one cannot trade a benefit against a restriction which is unlawful. The restriction is simply removed and the benefit remains. If I accept the offer I'm not doing so in bad faith - I'm accepting the deal as it stands according to the law. /Peter _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
