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<blockquote data-quote="pemerton" data-source="post: 5926288" data-attributes="member: 42582"><p>I don't think it's objectionable, in law, to set up rights that you expect people to violate and that you don't intend to enforce in many of those cases. In fact, in a rights-based social system, that can sometimes be the only reasonable way of ordering your affairs.</p><p></p><p>My example of the housing project near my home is (in my view) a clear illustration of this.</p><p></p><p>They're not doing it out of habit. They're doing it to maintain the capacity to regulate the playtest.</p><p></p><p>Just like the housing project security personnel want to have the capacity to regulate the use of the project grounds.</p><p></p><p>The way that a shop generates the right to search your bag is to state it as a condition of entry. It doesn't mean they're going to search everybody's bag.</p><p></p><p>The way that the housing project generates the right to eject hooligans is to state that the right of entry is refused to all but residents and bona fide guests. That doesn't mean they're going to kick out non-resident, non-guests who are behaving themselves in the grounds.</p><p></p><p>The way that WotC generates the right to control its playtest materials is to get those to whom they distribute them to enter into a contract. It doesn't mean they're going to enforce those contractual rights against everyone, or even anyone. It's just an example - one of any number that could be given - of people using the private law to create rights that give them a regulatory capacity.</p><p></p><p>One might object on anarchist grounds, or socialist grounds, or other sorts of grounds that you can't talk about on ENworld. But assuming a person has no general objection to contemporary systems of private law, I don't think they can have much of an objection to the type of private legal ordering that WotC is creating here.</p><p></p><p>It would of course be different if WotC was under some sort of duty to distribute the materials, or if WotC were not the appropriate people to regulate the playtest. But I haven't seen any argument that either of these things is true.</p></blockquote><p></p>
[QUOTE="pemerton, post: 5926288, member: 42582"] I don't think it's objectionable, in law, to set up rights that you expect people to violate and that you don't intend to enforce in many of those cases. In fact, in a rights-based social system, that can sometimes be the only reasonable way of ordering your affairs. My example of the housing project near my home is (in my view) a clear illustration of this. They're not doing it out of habit. They're doing it to maintain the capacity to regulate the playtest. Just like the housing project security personnel want to have the capacity to regulate the use of the project grounds. The way that a shop generates the right to search your bag is to state it as a condition of entry. It doesn't mean they're going to search everybody's bag. The way that the housing project generates the right to eject hooligans is to state that the right of entry is refused to all but residents and bona fide guests. That doesn't mean they're going to kick out non-resident, non-guests who are behaving themselves in the grounds. The way that WotC generates the right to control its playtest materials is to get those to whom they distribute them to enter into a contract. It doesn't mean they're going to enforce those contractual rights against everyone, or even anyone. It's just an example - one of any number that could be given - of people using the private law to create rights that give them a regulatory capacity. One might object on anarchist grounds, or socialist grounds, or other sorts of grounds that you can't talk about on ENworld. But assuming a person has no general objection to contemporary systems of private law, I don't think they can have much of an objection to the type of private legal ordering that WotC is creating here. It would of course be different if WotC was under some sort of duty to distribute the materials, or if WotC were not the appropriate people to regulate the playtest. But I haven't seen any argument that either of these things is true. [/QUOTE]
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