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Question about GSL - Scott please comment
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<blockquote data-quote="SteveC" data-source="post: 4316882" data-attributes="member: 9053"><p>This is again a situation where I am not a lawyer, so if you are thinking of "rights" in terms of the right to bear arms, that's not what I'm speaking about.</p><p></p><p>In the case where you are publishing under the GSL, and you withdraw from it, either because you choose to or the license is terminated by WotC, the assertion is made that you cannot publish your old material under the OGL because of what you agree to in the GSL. The specific argument that my friend made was that this would be problematic at best for WotC to enforce, since you are trying to sign away your ability to do something (publish under the OGL) when you accept the GSL. That's giving up your ability to do something, which I referred to as a 'right,' (yes, that was a shorthand way of putting it) and that's something that it is difficult to do in a contract.</p><p></p><p>Most of the lawsuits that my lawyer friends work on (I know one who does IP/copyrights and another who does medical malpractice) deal with contracts that have very strict "you can't sue us, you can't get out of this contract without our consent" and other such requirements, and, to a person, they say "if only it were that easy" to resolve those matters.</p><p></p><p>This isn't to say that anyone should enter into the GSL with the idea of "putting one over on WotC," I'm just saying that by what my friends have told me, if you did you best to follow the letter and the spirit of the agreement and still had problems, the licenses are written in such a way that you would have options that a good lawyer could help you with.</p><p></p><p>Hopefully that makes sense, but if it doesn't I'm afraid I'm really not in a position to clarify it better than that ... I'd take it to an actual lawyer (especially one who games) for more info.</p><p></p><p>--Steve</p></blockquote><p></p>
[QUOTE="SteveC, post: 4316882, member: 9053"] This is again a situation where I am not a lawyer, so if you are thinking of "rights" in terms of the right to bear arms, that's not what I'm speaking about. In the case where you are publishing under the GSL, and you withdraw from it, either because you choose to or the license is terminated by WotC, the assertion is made that you cannot publish your old material under the OGL because of what you agree to in the GSL. The specific argument that my friend made was that this would be problematic at best for WotC to enforce, since you are trying to sign away your ability to do something (publish under the OGL) when you accept the GSL. That's giving up your ability to do something, which I referred to as a 'right,' (yes, that was a shorthand way of putting it) and that's something that it is difficult to do in a contract. Most of the lawsuits that my lawyer friends work on (I know one who does IP/copyrights and another who does medical malpractice) deal with contracts that have very strict "you can't sue us, you can't get out of this contract without our consent" and other such requirements, and, to a person, they say "if only it were that easy" to resolve those matters. This isn't to say that anyone should enter into the GSL with the idea of "putting one over on WotC," I'm just saying that by what my friends have told me, if you did you best to follow the letter and the spirit of the agreement and still had problems, the licenses are written in such a way that you would have options that a good lawyer could help you with. Hopefully that makes sense, but if it doesn't I'm afraid I'm really not in a position to clarify it better than that ... I'd take it to an actual lawyer (especially one who games) for more info. --Steve [/QUOTE]
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