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D&D Beyond Cancels Competition
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<blockquote data-quote="FrozenNorth" data-source="post: 8361519" data-attributes="member: 7020832"><p>I would say that the more a contract is outside the norm of a standard transaction the more…</p><p>…boilerplate is unlikely to reflect all the possible issues that may arise;</p><p>…a lawyer, even an experienced lawyer, is likely to fail to consider possible consequences of the wording chosen;</p><p>…the less likely any boilerplate that exists will have been tested in court.</p><p></p><p>So, a contest in which contestants are submitting artistic works (that therefore has to deal with IP issues arising from that) is further outside the norm than either standard IP-for-hire agreements or standard contests.</p><p></p><p>I do agree with you that the terms and conditions are likely legally valid, making this more a reputation or PR than a legal issue. However, I believe it is extremely likely that the consequences of licensing the work of unsuccessful contestants wasn’t considered by D&D Beyond: no one gave much thought to the consequences of requiring contestants to license their submissions for no pay.</p></blockquote><p></p>
[QUOTE="FrozenNorth, post: 8361519, member: 7020832"] I would say that the more a contract is outside the norm of a standard transaction the more… …boilerplate is unlikely to reflect all the possible issues that may arise; …a lawyer, even an experienced lawyer, is likely to fail to consider possible consequences of the wording chosen; …the less likely any boilerplate that exists will have been tested in court. So, a contest in which contestants are submitting artistic works (that therefore has to deal with IP issues arising from that) is further outside the norm than either standard IP-for-hire agreements or standard contests. I do agree with you that the terms and conditions are likely legally valid, making this more a reputation or PR than a legal issue. However, I believe it is extremely likely that the consequences of licensing the work of unsuccessful contestants wasn’t considered by D&D Beyond: no one gave much thought to the consequences of requiring contestants to license their submissions for no pay. [/QUOTE]
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