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.
That is stupid. You are saying that in Sweden I can end up in a contract where the other party gets a benefit and I get no benefit. That is a strange concept. Where is the quid pro quo of this arrangement? I would think the court would just terminate the license.
Also, if your interpretation is correct than it is advantageous to be a user of the OGL. Where is the minefield?
At 11:53 AM 4/10/2004 +0200, Peter Brink wrote:
On Friday, April 09, 2004 10:45 PM Lizard wrote: > According to this logic, anyone in England could publish Star Wars > novels and not fear lawsuits. That no one has done so implies that, > in fact, you can't -- the lure of profit would be too great for > anyone to resist if it were legal. (Likewise, there would be > hundreds of publishers producing 'Dr. Who' novels, games, comics, > and so on. Marvel and DC would see all of their heroes in all-new > adventures created by local talent. Etc, etc, etc.) > > I think you are exaggerating the differences between European and > American law; the close economic and cultural ties between the > nations means that such laws are very heavily 'harmonized'.
Sorry, but this is a quite correct interpretation of the situation in the EU. You do not have to ask anyone for permission to create a work nor do you need to ask for permission to publish your work. If the work is a "derivative" work then you may later face legal troubles though.
Huh? There is no difference between this and what you "can" do in the US. You are always "allowed" to break the law. You also can walk into a convenience store with a gun, point at the clerk and say "give me all your money". Like releasing a derivative work, you should not do this. I think Lizard and I are working under the assumption that you will not do something that you know will get you sued in a second. Thus from our point of view you CANNOT release derivative works without permission of the original owner.
Perhaps this is to blame on English's lack of a subjunctive clause. :-)
Joe
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