Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Bryant Durrell
On Sun, Jun 15, 2003 at 02:02:45PM -0400, Rogers Cadenhead wrote: > On Sun, 15 Jun 2003 10:19:08 EDT, [EMAIL PROTECTED] wrote: > >So, again, I think it is not relevant that a corporate employee > >working under the auspices of the company did the release -- it > >matters what official privileges an

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Rogers Cadenhead
On Sun, 15 Jun 2003 10:19:08 EDT, [EMAIL PROTECTED] wrote: >So, again, I think it is not relevant that a corporate employee >working under the auspices of the company did the release -- it >matters what official privileges and discretion he had. Apologies if this has already been mentioned, but th

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Bryant Durrell
On Sun, Jun 15, 2003 at 11:25:30AM -0400, Steven Conan Trustrum wrote: > > >Now, the way I look at it, > > The rest of the comments in this argument aside, I'd just point out that > that how you, I, or anyone else looks at it is irrelevant. Get your > contract/IP lawyer to see how the LAW looks

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Steven \"Conan\" Trustrum
Now, the way I look at it, The rest of the comments in this argument aside, I'd just point out that that how you, I, or anyone else looks at it is irrelevant. Get your contract/IP lawyer to see how the LAW looks at it, because all other opinions are just speculative interpretation. Steven "C

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread HUDarklord
In a message dated 6/15/03 9:43:12 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: > Just because it's on the company website -- that's meanin

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Bryant Durrell
On Sat, Jun 14, 2003 at 09:30:42PM -0700, Lizard wrote: > At 08:43 PM 6/14/2003, you wrote: > > > >As a non-lawyer, it's not entirely clear to me that the intent not to > >make a mistake completely protects one if one does make a mistake. I > >mean, maybe it does -- but I'd sort of like to see mor

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Tim Dugger
On 15 Jun 2003 [EMAIL PROTECTED] scribbled a note about Re: [Ogf-l] Employee mistake scenario: > What matters is whether the person (or persons) making the release had > the authority (if they so desired) to release "Dungeon Master" as OGC > (while still maintaining its tradem

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread HUDarklord
In a message dated 6/15/03 9:22:21 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: Hehe! They should have done this prior to getting into using the OGL and OGC as part of their business model. If they haven't, then that is their fault and potential problems. I think, in part, people can pr

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Tim Dugger
On 15 Jun 2003 DarkTouch scribbled a note about Re: [Ogf-l] Employee mistake scenario: > In a community, if you're going to take a stance like this then what > is good for the goose is good for the gander. If you're going to hold > Wizards to such strict standards then you bett

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread HUDarklord
In a message dated 6/15/03 4:50:39 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: Then give them the time to do the cost analysis to see if the money they save in rpg development by using the OGL is worth the money they'll loose should they a peice of their IP accidentally slip into a sectio

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread HUDarklord
In a message dated 6/15/03 2:21:38 AM Eastern Daylight Time, [EMAIL PROTECTED] writes: > This is not necessarily the case.  If Joe Smith is the duly appointed

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread HUDarklord
In a message dated 6/14/03 11:47:55 PM Eastern Daylight Time, [EMAIL PROTECTED] writes: > I agree.  Past intent not to do something is only v

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread Charles Wright
oney they'll loose should they a peice of their IP accidentally slip into a section of OGC.Tim Dugger wrote: On 14 Jun 2003 Lizard scribbled a note about Re: [Ogf-l] Employee mistake scenario: Well, when the terms of the contract include "authority to contribute", *and* include a pe

Re: [Ogf-l] Employee mistake scenario

2003-06-15 Thread DarkTouch
ice of their IP accidentally slip into a section of OGC. Tim Dugger wrote: On 14 Jun 2003 Lizard scribbled a note about Re: [Ogf-l] Employee mistake scenario: Well, when the terms of the contract include "authority to contribute", *and* include a period for cure of a breach, it t

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Tim Dugger
On 14 Jun 2003 Lizard scribbled a note about Re: [Ogf-l] Employee mistake scenario: > Well, when the terms of the contract include "authority to > contribute", *and* include a period for cure of a breach, it takes > quite a bit to claim something was added accidentally which c

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Lizard
At 08:43 PM 6/14/2003, you wrote: On Sat, Jun 14, 2003 at 07:40:54PM -0700, Lizard wrote: > > Well, let's see. Is there an extensive public record of Lime Samurai > announcing their intent to make nearly all the content closed? Does this > follow the pattern of their previous books? Have they spoke

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Bryant Durrell
On Sat, Jun 14, 2003 at 07:40:54PM -0700, Lizard wrote: > > Well, let's see. Is there an extensive public record of Lime Samurai > announcing their intent to make nearly all the content closed? Does this > follow the pattern of their previous books? Have they spoken at length > about how "It's

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Tir Gwaith
> If this went before a jury, it would be pretty open-and-shut. In my experience, NOTHING is open-and-shut when it comes to a jury. All depends on the jury selection. Andrew McDougall a.k.a. Tir Gwaith ___ Ogf-l mailing list [EMAIL PROTECTED] http://

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Lizard
At 06:40 AM 6/14/2003, you wrote: I'm trying to understand this employee mistake scenario. Hypothetical: Lime-Green Ronin publishes Mercenaries of Seaport as 100 percent open text. The company intended to do this, but the only written documentation of this intent is the book itself. One month late

RE: [Ogf-l] Employee mistake scenario

2003-06-14 Thread Ryan S. Dancey
> Hypothetical: Lime-Green Ronin publishes Mercenaries of Seaport as > 100 percent open text. The company intended to do this, but the only > written documentation of this intent is the book itself. I think they're probably unlikely to be able to make a compelling case that the material was rele

Re: [Ogf-l] Employee mistake scenario

2003-06-14 Thread chad Brown
The situation you describe is possible, although not very likely. During the Discovery phase of the pre-trial preparations, Third Party Games would request copies of all Lime-Green Ronin materials related to the product. It's certainly possible that they wouldn't find any `incriminating' evid

[Ogf-l] Employee mistake scenario

2003-06-14 Thread Rogers Cadenhead
I'm trying to understand this employee mistake scenario. Hypothetical: Lime-Green Ronin publishes Mercenaries of Seaport as 100 percent open text. The company intended to do this, but the only written documentation of this intent is the book itself. One month later, an animation company offers