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General Tabletop Discussion
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Poison Pill v. Restraint of Trade
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<blockquote data-quote="pawsplay" data-source="post: 4385447" data-attributes="member: 15538"><p>But you can by preventing them from doing business with their customers. Off the top of my head, there's Microsoft versus France with the Netscape thing, plus M$ versus the US Dept of Justice over a similar issue with software "bundling," there's a class action lawsuit going on right now against Volkswagen in the US for not letting their customers know that independent locksmiths can rekey their transpoder based security systems.</p><p></p><p>There actually is a right to do business. If I am prevented from doing business with someone I desire to, instead of you, my right is being infrinted. So this is less about Third Party Press than it is Joe Customer. If WotC goes after Third Party Press for trying to sell their original work to the customer that happens to be compatible with D&D, that is an issue. </p><p></p><p>"Sign this or we'll sue you, and oh yeah, we grant you basically nothing," is a contract, sure, but is it enforceable? </p><p></p><p>Imagine you have a cell phone, and it has a clause that says, "We have a right to revise this agreement at any time." Now supposing they notify you that they are revising it, thirty day passes, but your notification was lost in the mail. The contract states you are responsible for being knowledgeable about updates to the license and that the license is posted on your website. You have thirty days to cancel your contract if the contract changes.</p><p></p><p>So one day they drive up to your house and announce, "We changed the license so that it says we get to seize your car." You protest, but they say, "Look, we gave you thirty days to cancel. Isn't that reasonable? That's more than Wizards of the Coast gives its licensees."</p><p></p><p>So they drive away with your car. Enforceable in court?</p></blockquote><p></p>
[QUOTE="pawsplay, post: 4385447, member: 15538"] But you can by preventing them from doing business with their customers. Off the top of my head, there's Microsoft versus France with the Netscape thing, plus M$ versus the US Dept of Justice over a similar issue with software "bundling," there's a class action lawsuit going on right now against Volkswagen in the US for not letting their customers know that independent locksmiths can rekey their transpoder based security systems. There actually is a right to do business. If I am prevented from doing business with someone I desire to, instead of you, my right is being infrinted. So this is less about Third Party Press than it is Joe Customer. If WotC goes after Third Party Press for trying to sell their original work to the customer that happens to be compatible with D&D, that is an issue. "Sign this or we'll sue you, and oh yeah, we grant you basically nothing," is a contract, sure, but is it enforceable? Imagine you have a cell phone, and it has a clause that says, "We have a right to revise this agreement at any time." Now supposing they notify you that they are revising it, thirty day passes, but your notification was lost in the mail. The contract states you are responsible for being knowledgeable about updates to the license and that the license is posted on your website. You have thirty days to cancel your contract if the contract changes. So one day they drive up to your house and announce, "We changed the license so that it says we get to seize your car." You protest, but they say, "Look, we gave you thirty days to cancel. Isn't that reasonable? That's more than Wizards of the Coast gives its licensees." So they drive away with your car. Enforceable in court? [/QUOTE]
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