Publishers & Products that don't update section 15 of the OGL...

[Horacio]

Red neck orcs with firearms... You've given me a wonderful idea for an adventure

 

[JohnNephew]

I'm pretty certain that around here (netherlands) contracts can't take away rights granted by the law (there are fare to many stoopid people around that don't read contracts before they sign them).

This is true in the US, as well. A contract that itself violates the law or requires one of its parties to violate the law would not be held up in court.

For example, if I make you sign a contract to work for me for 50 cents an hour, that would be overturned (minimum wage law would overrule it).

Or, if I sign a contract to be enslaved, that wouldn't hold water.

Suppose I get you to sign a contract that says, under certain circumstances, you'll have to hunt down and kill someone. Wish me luck getting a court to enforce that.

On the other hand, there are many rights and privileges that it is perfectly reasonable to sign away (assuming you do so willingly, and you are getting something in return). For example, an NDA curtails your freedom of speech, if you are a playtester: I give you confidential access to a game project in development; in exchange, you agree not to talk about it or tell everyone on the web about it. Should that be nullified because of your right to free speech, which lets you talk about whatever you dang well please?

Employment contracts often include non-compete clauses. A CEO is hired and paid a handsome salary, and the company that hires him doesn't want him to jump ship to a competitor (bringing knowledge and trade secrets with him, perhaps) who offers a bigger salary. Thus the contract says, If you leave voluntarily, or are fired for good reason (e.g., not doing your job, embezzling, etc.), you agree not to work in this industry for X length of time. On the other hand, if we lay you off or fire you for no good reason, you're free to work wherever you want.

The OGL and D20 licenses certainly do make restrictions on publishers. However, they also provide things in return. No one has to agree to the licenses, but if you want to have safe access to certain things, without mucking around in some very gray areas of intellectual property law (areas where people spend big bucks in court sorting out disagreements), the licenses offer a darned good deal.

 

[Cergorach]

Thanks John, a good point you make, yes...
(sorry just watched Yoda kick Tyranus's but ;-)

In theory your correct, but having just been aquired by a bank myself, i have been confronted by the non-compete clauses. And let me tell you, there are ways around it (although having the backing of a large corp sure helps a lot), i'm just happy my employers resolved things peacefully...

I'm not really complaining, but just calling it as i see it, on some (well, most) points i will be corrected, on others not. The point is that ideas are shared and discussed. I certainly don't hope that people will see my ideas as legal advice (what was it i said, people are to stupid to govern themselves ;-)...

 

[JacktheRabbit]

Note quite true. If you sign a non-discolsure agreement then you are being banned from full use of your freedom of speach.

Most professional sports players are not allowed to speak ill of the association.

AKA If a NBA player says something negative about the NBA the association can fine him rather heavily even though the player was doing nothing more using freedom of speach.

This is true in the US, as well. A contract that itself violates the law or requires one of its parties to violate the law would not be held up in court.

 

[Butholios]

I call shenanigans

I gotta echo Morrus and GR on this one trancejeremy--why should you care? More importantly, why would you post a bunch of product names without doing a full and thorough accounting of ALL d20 products, or at least a significant number of them? Coupled with bad reviews of several of these products in the past few months (good old reviewer search), it looks like you've got a bias.

So spill: what's the real problem here? You said you're broke, can we all take up a collection to keep you out of trouble?

 

[Walter_J]

Red neck orcs with firearms... You've given me a wonderful idea for an adventure

Glad to be of service! And why not put'em in an adventure? George put redneck orcs with firearms in Star Wars. I believe he called'em Sand People.

 

[Cergorach]

Re: I call shenanigans

I gotta echo Morrus and GR on this one trancejeremy--why should you care? More importantly, why would you post a bunch of product names without doing a full and thorough accounting of ALL d20 products, or at least a significant number of them? Coupled with bad reviews of several of these products in the past few months (good old reviewer search), it looks like you've got a bias.

Are you insane!?!? ALL d20 products, have you got any idea how many there are? These days any lunatic with a photocopier can make a D20 product. You can't expect anyone to have all the d20 products before making a complaint. The argument was made with the products he owns, something that sems completely reasonable to me. Why do we care, well, if we want to be one of the lunatics with the photocopier we have one hell of a time figuring out what's right and what's wrong. It's one of the requirements of the OGL/D20L to comply to all the of the requirements or loose the Liscence. A mistake is reasonable, but some companies keep on making the same mistakes, even when others point the mistakes out to them. What does it take for such companies (and i'm NOT talking about anybody in particular) to shape up, loose their Liscence? IMHO WotC should start flexing it's muscles a bit more, keeps everyone sharp...