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General Tabletop Discussion
D&D Older Editions
Gavin Norman on the future of OSE
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<blockquote data-quote="kronovan" data-source="post: 8900425" data-attributes="member: 6775134"><p>I'm not schooled enough in contract law to effectively contribute. Regarding this case though, I've been told by people who know contract law, that WotC will likely fail on revoking the OGL 1.0 due to the legal concept of "contra proferentem." What it means is that the onus is on the worder/writer of the contract to defend the terms and intent of the original agreement. So WotC is now saying irrevocable wasn't in the OGL 1.0, but the onus will be on them to prove that the intent was that it could at some point in the future be revoked. Apparently because the OGL 1.0 has been in used for more than 2 decades, will weaken their case. And that an ex-VP is on record as claiming the intent of OGL 1.0 was to be irrevocable, won't bode well for them.</p><p></p><p>I personally remain skeptical, because these days legal positions that didn't seem defendable are being won and vice versa . But those folks I know who know contracts, say the law is tight and they're very doubtful a company could successfully defend the arbitrary revocation of an agreement like this.</p></blockquote><p></p>
[QUOTE="kronovan, post: 8900425, member: 6775134"] I'm not schooled enough in contract law to effectively contribute. Regarding this case though, I've been told by people who know contract law, that WotC will likely fail on revoking the OGL 1.0 due to the legal concept of "contra proferentem." What it means is that the onus is on the worder/writer of the contract to defend the terms and intent of the original agreement. So WotC is now saying irrevocable wasn't in the OGL 1.0, but the onus will be on them to prove that the intent was that it could at some point in the future be revoked. Apparently because the OGL 1.0 has been in used for more than 2 decades, will weaken their case. And that an ex-VP is on record as claiming the intent of OGL 1.0 was to be irrevocable, won't bode well for them. I personally remain skeptical, because these days legal positions that didn't seem defendable are being won and vice versa . But those folks I know who know contracts, say the law is tight and they're very doubtful a company could successfully defend the arbitrary revocation of an agreement like this. [/QUOTE]
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Gavin Norman on the future of OSE
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