Question about GSL - Scott please comment

[The Lost Muse]

What?! Interweb discussions not constructive? Inconcievable!

I don't think that word means what you think it does...

 

[Moon-Lancer]

They can't make it impossible to use the OGL; they merely make it an unattractive option, based on the assumption that the GSL offers greater value. Of course, each publisher decides that for himself.

This is my point. You may mess up the GSL for yourself, but if you do you can go back to the OGL. either your under contract or your not. Its not binding for a contract to say your under contract even when you no longer are.

 

[Moon-Lancer]

You shouldnt be giving out any advice and no one should be relying on your advice. Forming legal opinions on signficant matters from "a friend who took classes in law" is crazy.

People, please stop offering legal opinions on things when you dont know what you are talking about and dont have the training to offer valid advice. All it does is confuse people.

My mistake. It does come with a disclaimer though, does it not?

Anyway, I am not giving advice on what to do while under the GSL, My advice is for when you are not under the GSL. Apologies if I have confused anyone.

No one take My advice... is it a full moon?

 

[Ourph]

This is my point. You may mess up the GSL for yourself, but if you do you can go back to the OGL. either your under contract or your not. Its not binding for a contract to say your under contract even when you no longer are.

If the contract says that some clauses are enforceable in perpetuity, then you are never "no longer under contract" regarding those clauses (theoretically, at least). Even if you lose the right to take advantage of certain other clauses in the contract (like using the logo), anything you published with the GSL is subject to specific restrictions forever. That is what you agree to when you release that material under the GSL.

If WotC "cancels you" they aren't releasing you from the contract you agreed to, they will just be taking away your right to use the parts of the contract that are beneficial to YOU (and you agree to allow them to do that when you accept the GSL).

 

[redcard]

In Perpetuity is not a legal term that is enforceable everywhere in the US, much less everywhere in the world.

 

[Ourph]

In Perpetuity is not a legal term that is enforceable everywhere in the US, much less everywhere in the world.

First, I don't want to cause any confusion, "in perpetuity" isn't a phrase used in the GSL. But some clauses are (apparently, this may still need some clarification) intended to apply forever.

Second, we're not necessarily talking about enforceability. Moon-Lancer is saying that once someone opts out of or is forced to stop using the GSL all restrictions contained in the GSL can no longer apply to work they released with the GSL (because the contract is ended). IMO, that is not a correct reading of the License.

Third, I agree that some of the clauses in this license might be very difficult to enforce. However, IMHO, it is a really, really bad idea to agree to a contract that contains clauses you don't like and you don't want to be held responsible for, in the hope that if it ever goes to court those clauses won't be enforced. If you don't want to be held responsible for the whole thing, you shouldn't (IMHO) agree to the license in the first place.

 

[Morrus]

He told me (actually, he first told me that if I spoke about this, I should mention that this is not legal advice) that the attempts to remove your rights to publish under the OGL are going to be extremely problematic to enforce, because it's so very hard to give up any rights, even when you explicitly sign something that strongly implies you have.

And, again - nobody is removing your right to publish under the OGL or even trying to; that would be silly, because they can't.

All they're doing is saying "we'd like you to voluntariloy not use the OGL, and if you do so you can use this new license".

No "rights" have been "removed"; you're just being asked to voluntarily do something in exchange for something else.

 

[redcard]

First, I don't want to cause any confusion, "in perpetuity" isn't a phrase used in the GSL. But some clauses are (apparently, this may still need some clarification) intended to apply forever.

Right. I meant concept, instead of term. The CONCEPT of In Perpetuity in some states (and nations) does not exist.

 

[Moon-Lancer]

First, I don't want to cause any confusion, "in perpetuity" isn't a phrase used in the GSL. But some clauses are (apparently, this may still need some clarification) intended to apply forever.

Second, we're not necessarily talking about enforceability. Moon-Lancer is saying that once someone opts out of or is forced to stop using the GSL all restrictions contained in the GSL can no longer apply to work they released with the GSL (because the contract is ended). IMO, that is not a correct reading of the License.

Third, I agree that some of the clauses in this license might be very difficult to enforce. However, IMHO, it is a really, really bad idea to agree to a contract that contains clauses you don't like and you don't want to be held responsible for, in the hope that if it ever goes to court those clauses won't be enforced. If you don't want to be held responsible for the whole thing, you shouldn't (IMHO) agree to the license in the first place.

This is good advice. I desperately want to dzn games for 4e, but I hate the license with hot blooded passion. I wonder if time will reveal to me a third option. The more I read stuff like this, the more I am reminded I am Chaotic good... possibly neutral

 

[WizarDru]

As many people have noted I am not going to comment on questions of a legal nature.

Linae and I are logging questions as we get them that we will review and determine (with some advice from legal) if and how we can answer.

Thanks,

Thanks for giving us the heads-up, Scott. I think I speak for a bunch of people when I say that we appreciate you letting us know that you're listening to the chatter. I think many of us understand the position you're in and appreciate that you took the time to let us know that you are not ignoring the community.