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*Pathfinder & Starfinder
The Playtest Agreement
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<blockquote data-quote="pemerton" data-source="post: 5927123" data-attributes="member: 42582"><p>The OPTA is a contract. Enforceable by private suit like any other contract.</p><p></p><p>Here is the relevant wording, from the preamble:</p><p></p><p style="margin-left: 20px">you acknowledge and agree that in consideration for being a D&D Next playtester, you agree to be bound by the terms of this Online Playtest Agreement</p><p></p><p>I would think that's highly plausible. The relevant words in clause 5 are:</p><p></p><p style="margin-left: 20px">You . . . agree that you will not use the Playtest Materials for your own benefit (other than to participate in the online playtest) or to the benefit of any third party.</p><p></p><p>Given that the preamble notes that the consideration you are receiving from WotC inclues the opportunity to use the playtest materials for playtesting, and given the paranthetical exclusion in clause 5, it is clear that you (and those you play with) are allowed to benefit from the materials to the extent that you gain pleasure or fulfillment from playtesting! The benefit you have promised not to receive is, by implication, benefits beyond playtesting. Of which profits would be the most obvious form.</p><p></p><p>And on the topic of derivative material: the purpose of the document is to regulate a playtest. The only consideration that WotC have granted to you, in return for your agreement to be bound by the OPTA, is partcipation in the playtest. To the extent that participation in the playtest involves making derivative material, the OPTA - by necessary implication - does not preclude that.</p><p></p><p>I think this is a fairly basic piece of contractual interpretation.</p><p></p><p></p><p>I agree. Legally there are various ways that this might be analysed - estoppel and waiver being the two that occur to me. But I don't think we need to worry about the detailed legal analysis to draw the general conclusion.</p><p></p><p>Yes. The constructive end (from WotC's point of view) is the capacity to regulate the playtest. And under our system of law, the way that private actors regulate the behaviour of other private actors is by way of contract.</p><p></p><p>I think there is a tension between (i) focusing on the agreement as a legal document (which it is) and (ii) not reading it and thinking about its implications in legal terms (which are the overwhelmingly salient terms for understanding and thinking about the implications of a legal document).</p></blockquote><p></p>
[QUOTE="pemerton, post: 5927123, member: 42582"] The OPTA is a contract. Enforceable by private suit like any other contract. Here is the relevant wording, from the preamble: [indent]you acknowledge and agree that in consideration for being a D&D Next playtester, you agree to be bound by the terms of this Online Playtest Agreement[/indent] I would think that's highly plausible. The relevant words in clause 5 are: [indent]You . . . agree that you will not use the Playtest Materials for your own benefit (other than to participate in the online playtest) or to the benefit of any third party.[/indent] Given that the preamble notes that the consideration you are receiving from WotC inclues the opportunity to use the playtest materials for playtesting, and given the paranthetical exclusion in clause 5, it is clear that you (and those you play with) are allowed to benefit from the materials to the extent that you gain pleasure or fulfillment from playtesting! The benefit you have promised not to receive is, by implication, benefits beyond playtesting. Of which profits would be the most obvious form. And on the topic of derivative material: the purpose of the document is to regulate a playtest. The only consideration that WotC have granted to you, in return for your agreement to be bound by the OPTA, is partcipation in the playtest. To the extent that participation in the playtest involves making derivative material, the OPTA - by necessary implication - does not preclude that. I think this is a fairly basic piece of contractual interpretation. I agree. Legally there are various ways that this might be analysed - estoppel and waiver being the two that occur to me. But I don't think we need to worry about the detailed legal analysis to draw the general conclusion. Yes. The constructive end (from WotC's point of view) is the capacity to regulate the playtest. And under our system of law, the way that private actors regulate the behaviour of other private actors is by way of contract. I think there is a tension between (i) focusing on the agreement as a legal document (which it is) and (ii) not reading it and thinking about its implications in legal terms (which are the overwhelmingly salient terms for understanding and thinking about the implications of a legal document). [/QUOTE]
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