<<
1. A nonprofit company obtains the services of a volunteer writer to
design an NPC.
2. Writer agrees that the NPC will be property of the company and the
writer also agrees not to try to make a profit off of said NPC once/if
it is published.
3. The company publishes the writer's NPC as open content as defined by
the OGL
4. Writer tries to sell the opened NPC.
5. Company takes legal action on said writer.
What has more weight in court? The contract or the OGL? Did the
company violate the OGL by placing such an anti-profit clause in its
writer's contracts prior to releasing the content under the OGL?
>>
This is bizzare ;-)
In my non-lawyer opinion, if the writer agreed to not profit off the
NPC, and it was stated in the writer's contract, that he was not allowed
to, then the writer would be at fault.
How can the company violate the OGL ? The OGL governs Open Game
Content, not a writer's rights that he choose to give up by signing a
contract.
What I'd have to ask, is why does the company not want the writer
specifically, to profit off it, yet anyone else could take the NPC (and
as long as it's properly attributed), and profit off it.
<<
Our attorney says "no" but I want to double check with this list.
Confronting the "profit" issue with the OGL is our last legal hoop, so I
want to make real sure before I proceed.
>>
--
Korath,
http://www.korath.com
"He was already dead, he died a year ago, the moment he touched her.
They're all dead, they just don't know it." --Eric Draven, The Crow
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