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Protection from Chaos Part XI: The D&D Next Online Playtest Agreement
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<blockquote data-quote="Frylock" data-source="post: 5930633" data-attributes="member: 38140"><p>Yes, I read their FAQ, and my first draft of the article discussed it. I removed it because a FAQ can't override an enforceable contract. Reliance on it is <u>often</u> misguided unless the contract is unenforceable. However, it's certainly relevant to someone coming from my point of view. Let's assume it's relevant. Here are some interesting quotes.</p><p></p><p></p><p></p><p>So, it appears "feedback" (whatever that means) can be provided, and the means for which is spelled out: Either "respond to our surveys or answer our polls in our online articles." In other words, "feedback" is to be limited to official WotC channels.</p><p></p><p></p><p></p><p>Ahem. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite1" alt=":)" title="Smile :)" loading="lazy" data-shortname=":)" /></p><p></p><p></p><p></p><p>So yes, according to the FAQ, it's clear WotC doesn't mind you using ENWorld "to discuss your thoughts about your D&D Next playtest experience." Is that different from "feedback"? Maybe. "Feedback" could include things that WotC wants you to keep confidential, such as game rules otherwise not protectable, but perhaps also the content and format of stat blocks, the classes and races included, etc. Your "thoughts" might be restricted to high level, obscure statements like, "Gee, I really like this D&D Next stuff." On the other hand, feedback could simply refer to your "thoughts" when they're expressed to WotC developers directly; however, that would still leave a gaping hole as to what's to be kept confidential, and the FAQ is silent on confidentiality. So, without a clear definition provided by WotC themselves, that leaves things a little difficult to interpret, and a judge would interpret them against WotC (again, assuming a judge would even consider the FAQ).</p><p></p><p>But now I'm getting to bogged down in legalese again. No one's getting sued. The point is that WotC has made the following statement: <em>They want you to keep things in confidence while publicly discussing whatever you want about those things</em>. I'm trying to interpret that ridiculous statement, resolving the paradox it creates as reasonably as possible, and WotC isn't helping me in the effort.</p><p></p><p>I understand your interest in interpreting that statement to allow your forum users' right to discuss <u>everything</u> here (excepting copyright infringement, of course), and for now, you're probably right because of the ambiguity and questionable enforceability of the confidentiality clause. However, you should understand that I'm addressing a question that's a bit larger in scope than that, and I suspect WotC might clarify their position in the future. When and if that happens, then we <u>might</u> have to watch our step.</p></blockquote><p></p>
[QUOTE="Frylock, post: 5930633, member: 38140"] Yes, I read their FAQ, and my first draft of the article discussed it. I removed it because a FAQ can't override an enforceable contract. Reliance on it is [U]often[/U] misguided unless the contract is unenforceable. However, it's certainly relevant to someone coming from my point of view. Let's assume it's relevant. Here are some interesting quotes. So, it appears "feedback" (whatever that means) can be provided, and the means for which is spelled out: Either "respond to our surveys or answer our polls in our online articles." In other words, "feedback" is to be limited to official WotC channels. Ahem. :) So yes, according to the FAQ, it's clear WotC doesn't mind you using ENWorld "to discuss your thoughts about your D&D Next playtest experience." Is that different from "feedback"? Maybe. "Feedback" could include things that WotC wants you to keep confidential, such as game rules otherwise not protectable, but perhaps also the content and format of stat blocks, the classes and races included, etc. Your "thoughts" might be restricted to high level, obscure statements like, "Gee, I really like this D&D Next stuff." On the other hand, feedback could simply refer to your "thoughts" when they're expressed to WotC developers directly; however, that would still leave a gaping hole as to what's to be kept confidential, and the FAQ is silent on confidentiality. So, without a clear definition provided by WotC themselves, that leaves things a little difficult to interpret, and a judge would interpret them against WotC (again, assuming a judge would even consider the FAQ). But now I'm getting to bogged down in legalese again. No one's getting sued. The point is that WotC has made the following statement: [I]They want you to keep things in confidence while publicly discussing whatever you want about those things[/I]. I'm trying to interpret that ridiculous statement, resolving the paradox it creates as reasonably as possible, and WotC isn't helping me in the effort. I understand your interest in interpreting that statement to allow your forum users' right to discuss [U]everything[/U] here (excepting copyright infringement, of course), and for now, you're probably right because of the ambiguity and questionable enforceability of the confidentiality clause. However, you should understand that I'm addressing a question that's a bit larger in scope than that, and I suspect WotC might clarify their position in the future. When and if that happens, then we [U]might[/U] have to watch our step. [/QUOTE]
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