> If it still is illegal, is WotC in fact encouraging it? I don't think so.
> I realize the intent was to say hey..you can create stuff...just dont'
steal
> our stuff. I realize the intent, however, in the end, if it is illegal,
it
> should be mentioned on the page, as it is rather misleading. From that
one
> sentence, its gives the appearance of encouragement to create online
works,
> however, from your statement of illegality, Ryan, it seems contradictory.
Ryan specifically addressed the LICENSE issue. The policy is a policy, not
a license. Ryan referred to the Statute of Frauds, which is the underlying
law of contracts in the USA, and defines what is necessary to make a legally
binding agreement, such as a license: namely, as Ryan states, offer,
acceptance and consideration. In other words, each party has to freely and
knowingly enter into the agreement, and has to be getting something of fair
value from the agreement. (Sometimes consideration is token, e.g., the $1
we paid when closing on our house for the fixtures and appliances the old
owners were leaving behind; although inadequate consideration may come back
and bite you as reason to overturn an agreement, I believe.) If you look at
the open gaming LICENSE, it has specific terms to address these legal
necessities -- the online policy does not.
So the online policy is a POLICY, meaning something that WotC is putting
forth to clarify what they expect they will do and how fans should act
accordingly. If WotC sued you, you might make a good defense by pointing
out the policy; that might protect you from monetary damages, but the court
would still order you to cease infringing their rights (if indeed your site
did; most likley, trademark rights). However, there is NO WAY a court would
interpret the policy as a "license."
One party can't revoke an actual licensing contract; either it has to be
renegotiated, or it may be nullified by nonperformance (e.g., one party
violates its terms). The online policy, however, exists at WotC's pleasure.
-John Nephew
President, Atlas Games
who has a brother and a lot of friends who are lawyers
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For more information, please link to www.opengamingfoundation.org
