The Law and GSL

[Mokona]

As I understand things, contract law does not apply to the GSL.

Consideration is needed for a valid contract.

Both sides of a contract need to provide value in exchange for the contract to be valid. The GSL isn't under contract law because 3rd parties do not pay anything to Wizards of the Coast. Can any lawyers out there find any other "consideration" in using the GSL?

To me it looks like the GSL is a promise or permission from Wizards that they won't sue you for things they'd normally be allowed to sue over. However, because this promise is entirely one sided Wizards is under no obligation to users of the GSL. Therefore Wizards couldn't be held liable for any monetary losses you suffered from changes to the GSL.

Also, does anyone have any references for "Fair Use" case law? Fan sites in case law?

Link - http://en.wikipedia.org/wiki/Consideration

 

[jmucchiello]

As I understand things, contract law does not apply to the GSL.

And you earned your law degree where?

Consideration:
WotC gains support products for it's line of Dungeons and Dragons role playing game. Such products will probably have shorter press runs than economically feasible for WotC and thus fill a whole in the WotC product line in a way that saves WotC money.

Licensees of the GSL gain access to the valuable trademark logo for Dungeons and Dragons.

Are these of equal value? If you don't think you are getting as much as you are giving, don't enter the contract. Simple.

 

[Mokona]

WotC gains support products for it's line of Dungeons and Dragons role playing game.

Are these of equal value? If you don't think you are getting as much as you are giving, don't enter the contract.

Perhaps I wasn't clear. Wizards of the Coast gives 3rd parties tons of consideration as part of the GSL. That half of the "contract" has consideration since it is clearly economically valuable to produce D&D products for sale.

I do not believe that "WotC gains support products for it's game" would stand as consideration in a court of law. I'm looking for other opinions on this detail. This line of reasoning was especially untrue with 3rd edition and the OGL where it would be hard for Green Ronin to argue that Mutants & Masterminds "supported WotC's game". That extreme case highlights the problems with treating the uncertain and immeasurable benefit to Wizards as consideration.

Consideration does not need to be equal. If Wizards of the Coast gave you the exclusive right to publish D&D (worth millions of dollars) and you paid exactly $1 for that right then the contract law requirement of consideration is fulfilled.

 

[jmucchiello]

Perhaps I wasn't clear.

You were perfectly clear. I'm saying allowing 3pp products to boost customer experience is worth money to the brand owner.

How about not having to pay lawyer fees for hundreds of individually negotiated contracts? Does that have a dollar value?

Heck, how about the names and addresses found on the statement of acceptance letters? A mailing list of RPG publishers interested in D&D might have some value to the D&D brand owner. (Aside: does the SOA say they won't sell that list to 3rd party marketing firms?)

If candy bar wrappers are consideration, my examples here are probably worth more.

 

[JDJblatherings]

As I understand things, contract law does not apply to the GSL.

Both sides of a contract need to provide value in exchange for the contract to be valid. The GSL isn't under contract law because 3rd parties do not pay anything to Wizards of the Coast. Can any lawyers out there find any other "consideration" in using the GSL?
http://en.wikipedia.org/wiki/Consideration

Consideration is most certainly there in the GSL. 3pp get to put a D&D logo on a publication and make use of terms in the GSL. Wotc gets support for 4e in the form of material produced by the 3pp that it doesn't have to pay development, advertising, production , storage, warehousing, shipping or order processing fees for.

 

[bmcdaniel]

Plus consideration isn't necessary for a license.

IAAL, but this is not legal advice. You get real legal advice when you pay for it.