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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="GreyLord" data-source="post: 7791821" data-attributes="member: 4348"><p>Of interest, though I no longer work and am in retirement...</p><p></p><p>In business I worked a lot with contracts and contract law...</p><p></p><p>I did NOT work with Licenses. (License can be seen under contracts but not all contracts are a license).</p><p></p><p>There's a lot of mixing and matching of the word contract and License in this thread.</p><p></p><p>From what I understand, a LICENSE can actually be withdrawn.</p><p></p><p>It is a little more complex with a contract, but a contract normally requires a little more than what most are utilizing the OGL as. It is a two way street which requires assent from BOTH parties, with legitimate offer AND acceptance (normally in writing with signatures), Capacity and legality. This includes that the offerer is notified of the acceptance. </p><p></p><p>Which could make an interesting legal case if WotC decided to close down the OGL...because how many have actually written in with an acceptance of any kind to WotC that their "contract" of the OGL is accepted?</p><p></p><p>That's just the first of four main items of the necessities of a contract. The OGL doesn't really fulfill those requirements per se, at least in how most utilize it. It COULD be seen as that, but it would boil down to a court fight if WotC or Hasbro wanted it to, and almost NO ONE has the resources to fight that fight for an extended period.</p><p></p><p>What WotC or Hasbro COULD do is close out the OGL overall in regards to their part and portion, and go after a more specific understanding and reading of the OGL (thus, anything perceived as a violation, they go after. Overall, they have been VERY LAX in this pursuit. You may create a Carrion Crawler, but you don't call it that, though anyone in their right mind understands exactly what it is. The same could be done with a Beholder or many other monsters they have in game). </p><p></p><p>That would create a lot of Ill Will I think (there are those that probably still remember that bad ole T$R days...that isn't a reputation I think WotC really wants)...but if they feel their interests are threatened unless they do so...I imagine it COULD bring them to doing such.</p><p></p><p>If someone actually HAD the resources to fight back on an enlongated fight, it could prove interesting to see who might win in regards to whether it is a contract, license, or otherwise in being able to be withdrawn...but I think there are very FEW players out there with those types of resources who could even last that long in that type of court battle. </p><p></p><p>Thus, for the most part, this is moot I think. If Hasbro decides to do something (in relation to Frylocke...who knows...they were being most kind thus far, and they really DON'T want the T$R reputation...so we'll see) they could, but luckily thus far, they've been wanting more to have good will (and the business it brings) rather than be seen as the big hostile bad guys.</p></blockquote><p></p>
[QUOTE="GreyLord, post: 7791821, member: 4348"] Of interest, though I no longer work and am in retirement... In business I worked a lot with contracts and contract law... I did NOT work with Licenses. (License can be seen under contracts but not all contracts are a license). There's a lot of mixing and matching of the word contract and License in this thread. From what I understand, a LICENSE can actually be withdrawn. It is a little more complex with a contract, but a contract normally requires a little more than what most are utilizing the OGL as. It is a two way street which requires assent from BOTH parties, with legitimate offer AND acceptance (normally in writing with signatures), Capacity and legality. This includes that the offerer is notified of the acceptance. Which could make an interesting legal case if WotC decided to close down the OGL...because how many have actually written in with an acceptance of any kind to WotC that their "contract" of the OGL is accepted? That's just the first of four main items of the necessities of a contract. The OGL doesn't really fulfill those requirements per se, at least in how most utilize it. It COULD be seen as that, but it would boil down to a court fight if WotC or Hasbro wanted it to, and almost NO ONE has the resources to fight that fight for an extended period. What WotC or Hasbro COULD do is close out the OGL overall in regards to their part and portion, and go after a more specific understanding and reading of the OGL (thus, anything perceived as a violation, they go after. Overall, they have been VERY LAX in this pursuit. You may create a Carrion Crawler, but you don't call it that, though anyone in their right mind understands exactly what it is. The same could be done with a Beholder or many other monsters they have in game). That would create a lot of Ill Will I think (there are those that probably still remember that bad ole T$R days...that isn't a reputation I think WotC really wants)...but if they feel their interests are threatened unless they do so...I imagine it COULD bring them to doing such. If someone actually HAD the resources to fight back on an enlongated fight, it could prove interesting to see who might win in regards to whether it is a contract, license, or otherwise in being able to be withdrawn...but I think there are very FEW players out there with those types of resources who could even last that long in that type of court battle. Thus, for the most part, this is moot I think. If Hasbro decides to do something (in relation to Frylocke...who knows...they were being most kind thus far, and they really DON'T want the T$R reputation...so we'll see) they could, but luckily thus far, they've been wanting more to have good will (and the business it brings) rather than be seen as the big hostile bad guys. [/QUOTE]
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