> Ryan S. Dancey
>
> Since the "Reasonable Person" test is purely subjective and is
> not a defined set of rules, there is nothing other than opinions until a
specific case
> goes in front of a specific court and a specific judge or set of jurors
> decide what is reasonable and what isn't. Thus, it would be foolish of me
> to say "this is reasonable, but this is not reasonable". All I
> can do is try to provide some guidance about the matter from my
perspective. YMMV.
Agreed - Our opinions as to what is reasonable may reasonably differ. I was
not suggesting that we say 'this is reasonable', I was suggesting that we
say 'we expressly grant the right to XXX activity' and set guidelines that
uphold the principles of the OGF. That to me is preferable than in letting
a jury decide what a "reasonable person" might extrapolate out of a license
that has no provision for software.
> > But if their policies are
> > controlling the OGF/OGL then it really isn't open, is it?
>
> I don't know how we got down this path to the Conspiracy again, but the
> problems with digital files and the OGL have nothing to do with Hasbro.
Probably the 'interactive game' clause in the d20 STL and the difficulty in
separating your role as the voice of the OGF vs. your role as a Wizards
employee. Or perhaps your unwillingness to propose any better solution than
'it will work itself out if we wait long enough'.
I apologize for the tone of this message, I really do appreciate your
efforts in getting the OGF as far as it has come. I am just getting very
frustrated with the OGF's inability to cope with the needs of a digital
society. It is an organization founded on the ideas of the open source
software movement, existing solely in cyberspace, composed of supporters who
by communicate exclusively through a digital medium, and it can't even
figure out if software is a good idea. You might not care about software,
but a LOT of OGC supporters do. Even a "reasonable person" can see the
unreasonableness of the situation.
-Brad
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