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Message: <blockquote data-quote="Steel_Wind" data-source="post: 8891923" data-attributes="member: 20741">Doesn't look like one.  It's not an offer, acceptance & consideration license contract.What it is instead is merely a policy statement, whereby WotC represents to people that they will not sue them for "X" should they follow the guidelines noted at "A though D".To go further on this, you should be asking: "Well, if it's not a contract, what's it worth then? It's just a gratuitous statement that means nothing, right?" Yes and no. It is not a contract, true. WotC does not technically waive legal rights under it, and the fan does not obtain a contractual right to do "X' under it either. HOWEVER, remember these references throughout this thread to the terms "promissory estoppel" and reliance?  And some discussions about how the remedy which flows from estoppel is better than nothing, but limited?Well this is a perfect example of that. You, as The Fan, don't have a contractual right to do "X" under the FCP. WotC hasn't waived their rights to sue. You, as the Fan, are still technically in violation of a civil copyright claim. HOWEVER, you as the Fan can say "Hey, they misled me. They told me I could do "X" provided I followed "A through D". Well I did that and relied upon the FCP -- and here they are still suing me. That's not fair Your Honour. I should be able to do X, after all, I followed A through D, just like they told me."And, assuming the evidence to back all of that up is established,  the Court is likely to agree, in part, with the Fan. The Court will say you've been misled, that you reasonably relied on the representations of WotC when you could do "X", and if you followed "A throufh D" they wouldn't sue you. WotC is not acting fairly here. That's not right -- that's not equitable -- and so the court is likely to rule that WotC is estopped from asserting that cause of action against you under these circumstances."So I can do keep doing "X"?", you ask in court, naïve as a lamb."No", says the court.  You don't have that right. WotC is objecting now and says you can't. It's their copyright and they say no. Don't do "X" anymore - I better not see you again back here." -- Case Dismissed --So, you have a limited right to avoid a judgment for damages through estoppel, but you have to stop doing it and have no future right to do it, either. What you've got is better than nothing, sure, but it's not really what you wanted. It's a small scoop of ice cream without a big slice of apple pie.That's estoppel.</blockquote>

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