For the record, you actually CAN contract to completely and totally give up, in every possible context, the ability to use things which are part of the public domain.
I could write a contract in which I gave you $100 in exchange for you promising to never, ever use the word "sardine" again. Not in writing, not in published work, not verbally, not ever. That word would be denied to you, permanently, forever. And I could put in that contract that, if you DO use the word "sardine," you have to, I dunno, give me back the $100 plus some extra penalty.
That would be legal. Because, see, you don't have to take the $100.
Not that
WOTC is doing this or anything. But I felt I should add this for the record- if they WERE doing this, it would be legal. I gave you a promise ($100), you gave me a promise (never to utter "sardine"), we have a contract.
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