Menu
News
All News
Dungeons & Dragons
Level Up: Advanced 5th Edition
Pathfinder
Starfinder
Warhammer
2d20 System
Year Zero Engine
Industry News
Reviews
Dragon Reflections
White Dwarf Reflections
Columns
Weekly Digests
Weekly News Digest
Freebies, Sales & Bundles
RPG Print News
RPG Crowdfunding News
Game Content
ENterplanetary DimENsions
Mythological Figures
Opinion
Worlds of Design
Peregrine's Nest
RPG Evolution
Other Columns
From the Freelancing Frontline
Monster ENcyclopedia
WotC/TSR Alumni Look Back
4 Hours w/RSD (Ryan Dancey)
The Road to 3E (Jonathan Tweet)
Greenwood's Realms (Ed Greenwood)
Drawmij's TSR (Jim Ward)
Community
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Resources
Wiki
Pages
Latest activity
Media
New media
New comments
Search media
Downloads
Latest reviews
Search resources
EN Publishing
Store
EN5ider
Adventures in ZEITGEIST
Awfully Cheerful Engine
What's OLD is NEW
Judge Dredd & The Worlds Of 2000AD
War of the Burning Sky
Level Up: Advanced 5E
Events & Releases
Upcoming Events
Private Events
Featured Events
Socials!
EN Publishing
Twitter
BlueSky
Facebook
Instagram
EN World
BlueSky
YouTube
Facebook
Twitter
Twitch
Podcast
Features
Top 5 RPGs Compiled Charts 2004-Present
Adventure Game Industry Market Research Summary (RPGs) V1.0
Ryan Dancey: Acquiring TSR
Q&A With Gary Gygax
D&D Rules FAQs
TSR, WotC, & Paizo: A Comparative History
D&D Pronunciation Guide
Million Dollar TTRPG Kickstarters
Tabletop RPG Podcast Hall of Fame
Eric Noah's Unofficial D&D 3rd Edition News
D&D in the Mainstream
D&D & RPG History
About Morrus
Log in
Register
What's new
Search
Search
Search titles only
By:
Forums & Topics
Forum List
Latest Posts
Forum list
*Dungeons & Dragons
Level Up: Advanced 5th Edition
D&D Older Editions
*TTRPGs General
*Pathfinder & Starfinder
EN Publishing
*Geek Talk & Media
Search forums
Chat/Discord
Menu
Log in
Register
Install the app
Install
Community
General Tabletop Discussion
*TTRPGs General
Question about GSL - Scott please comment
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Reply to thread
Message
<blockquote data-quote="pemerton" data-source="post: 4315372" data-attributes="member: 42582"><p>As others have said, this is not true. One way to look at it: in any contract which is not fully executed on your side you give up at least one right, namely, the right not to perform whatever it is that you have contracted to perform.</p><p></p><p>I think that some posters on this issue are getting confused about the various protections that apply in many jusridictions in respect of consumer contracts (which are intended to prevent consumers being exploited by suppliers of goods and services who rely upon sometimes-punitive standard form contracts). These protections typically don't apply to commercial contracts such as the OGL or GSL.</p><p></p><p></p><p>This is not strictly true either. Many jurisdictions regard certain contractual terms as unenforceable for being overly punitive. That is not to suggest that any part of clause 6 of the GSL is such a term.</p><p></p><p></p><p></p><p>The law that prohibits enforcement of agreements in restraint of trade is another complex matter. Clause 6 of the GSL does not require any person - natural or artificial - to promise not to engage in their profession, or to promise not to compete in the RPG market. All it does is require a promise of a party to the GSL not to subsequently publish certain licensed material as a party to the OGL.</p><p></p><p></p><p></p><p>What the contract says is that, if you violate the obligations in question, then you no longer enjoy the permissions (= licence) that the contract granted you. What is terminated are the permissions that the licence granted, not the obligations that you incurred by entering into the contract - which included certain obligations not to make use of the OGL. Those obligations endure.</p><p></p><p>This isn't quite right - for example, many property rights (eg freehold) last in perpetuity.</p><p></p><p>When it comes to an agreement like the GSL, I would think that the most likely way in which the agreement will be brought to an end will be by the dissolution of one of the contracting companies.</p><p></p><p></p><p>This isn't true. Just one example: the whole point of the OGL and the GSL is that WoTC waive, in respect of licensed parties, certain rights with respect to their intellectual property.</p><p></p><p></p><p>None of the foregoing is legal advice. I teach in an Australian law school, but am by no means an expert in Australian contract law, let alone US contract law. It is just an attempt to put to rest some of the more extreme misinformation being put about in this thread.</p></blockquote><p></p>
[QUOTE="pemerton, post: 4315372, member: 42582"] As others have said, this is not true. One way to look at it: in any contract which is not fully executed on your side you give up at least one right, namely, the right not to perform whatever it is that you have contracted to perform. I think that some posters on this issue are getting confused about the various protections that apply in many jusridictions in respect of consumer contracts (which are intended to prevent consumers being exploited by suppliers of goods and services who rely upon sometimes-punitive standard form contracts). These protections typically don't apply to commercial contracts such as the OGL or GSL. This is not strictly true either. Many jurisdictions regard certain contractual terms as unenforceable for being overly punitive. That is not to suggest that any part of clause 6 of the GSL is such a term. The law that prohibits enforcement of agreements in restraint of trade is another complex matter. Clause 6 of the GSL does not require any person - natural or artificial - to promise not to engage in their profession, or to promise not to compete in the RPG market. All it does is require a promise of a party to the GSL not to subsequently publish certain licensed material as a party to the OGL. What the contract says is that, if you violate the obligations in question, then you no longer enjoy the permissions (= licence) that the contract granted you. What is terminated are the permissions that the licence granted, not the obligations that you incurred by entering into the contract - which included certain obligations not to make use of the OGL. Those obligations endure. This isn't quite right - for example, many property rights (eg freehold) last in perpetuity. When it comes to an agreement like the GSL, I would think that the most likely way in which the agreement will be brought to an end will be by the dissolution of one of the contracting companies. This isn't true. Just one example: the whole point of the OGL and the GSL is that WoTC waive, in respect of licensed parties, certain rights with respect to their intellectual property. None of the foregoing is legal advice. I teach in an Australian law school, but am by no means an expert in Australian contract law, let alone US contract law. It is just an attempt to put to rest some of the more extreme misinformation being put about in this thread. [/QUOTE]
Insert quotes…
Verification
Post reply
Community
General Tabletop Discussion
*TTRPGs General
Question about GSL - Scott please comment
Top