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WotC Walks Back Some OGL Changes, But Not All
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<blockquote data-quote="Matt Thomason" data-source="post: 8899238" data-attributes="member: 6777331"><p>By far my biggest issue at this point is this:</p><p></p><p>- The attempt to make a unilateral alteration of the terms of a perpetual agreement, when said agreement contains no mechanism for them to do so.</p><p style="margin-left: 20px"></p> <p style="margin-left: 20px">If you and I make an agreement and say "these are the terms, forever", that's it IMO. Any change requires either we both agree to them, or we stay with the current agreement. I do not care what the terms are or what the argument is, we both agreed to them at the time. If you didn't think to put in a 5-year expiry at which time a new agreement will need to be made, that's on you. If you didn't think to put in things to stop me competing with a certain part of your business, that's on you. If you simply do not like what I am doing while staying within the terms of that agreement <em>that is on you</em>.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">If you wish to offer me a new agreement, or to sit and negotiate terms with me, that's fine. If you're someone else offering me an agreement, you are free to require any terms you wish, and I am free to accept or reject that agreement. If we <em>had an agreement already</em>, then quite frankly, you are stuck in it with me, just as I'm stuck in it with you, with the only "out" being something we defined at the time of making that agreement, or by both of us coming to an agreement to terminate it.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">I may, quite happily, enter into agreements with others with far worse terms and more restrictions on me, but that does not have any bearing to <em>our</em> existing agreement.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Any argument why the change may or may not be a good thing has no actual bearing on this. If that agreement also allows other third parties to do things I personally feel are despicable, as much as I may enjoy the idea of shutting them down, it cannot be done under the terms of this agreement. Other ways will have to be found, and I will happily co-operate with finding and using those ways. But we had an agreement, it was perpetual, had no means of being revoked, included an option for me to use any previous version you had ever authorized, and therefore stands until the day <em>both</em> of us agree to terminate it. If you do not like that, then your sole recourse is to make an offer to buy me out of it. Oh, and the fact you don't actually have any record of who does and does not have that same agreement with you is not my problem in any way.</p><p></p><p>Now, in this particular case the actions of the other party in indicating they would prefer they were not locked in this agreement with me, a glimpse into some things that reveal something of their thought process, along with the sheer size of said party, make me extremely reluctant to do anything under that agreement ever again. I mean, do you really want to work as a business partner with someone that wants you gone? I certainly don't need that kind of stress. But, that does not change my stance that in this particular case, the other party simply has no way to change the terms of their agreement with me without my agreement.</p></blockquote><p></p>
[QUOTE="Matt Thomason, post: 8899238, member: 6777331"] By far my biggest issue at this point is this: - The attempt to make a unilateral alteration of the terms of a perpetual agreement, when said agreement contains no mechanism for them to do so. [INDENT][/INDENT] [INDENT]If you and I make an agreement and say "these are the terms, forever", that's it IMO. Any change requires either we both agree to them, or we stay with the current agreement. I do not care what the terms are or what the argument is, we both agreed to them at the time. If you didn't think to put in a 5-year expiry at which time a new agreement will need to be made, that's on you. If you didn't think to put in things to stop me competing with a certain part of your business, that's on you. If you simply do not like what I am doing while staying within the terms of that agreement [I]that is on you[/I].[/INDENT] [INDENT][/INDENT] [INDENT]If you wish to offer me a new agreement, or to sit and negotiate terms with me, that's fine. If you're someone else offering me an agreement, you are free to require any terms you wish, and I am free to accept or reject that agreement. If we [I]had an agreement already[/I], then quite frankly, you are stuck in it with me, just as I'm stuck in it with you, with the only "out" being something we defined at the time of making that agreement, or by both of us coming to an agreement to terminate it.[/INDENT] [INDENT][/INDENT] [INDENT]I may, quite happily, enter into agreements with others with far worse terms and more restrictions on me, but that does not have any bearing to [I]our[/I] existing agreement.[/INDENT] [INDENT][/INDENT] [INDENT]Any argument why the change may or may not be a good thing has no actual bearing on this. If that agreement also allows other third parties to do things I personally feel are despicable, as much as I may enjoy the idea of shutting them down, it cannot be done under the terms of this agreement. Other ways will have to be found, and I will happily co-operate with finding and using those ways. But we had an agreement, it was perpetual, had no means of being revoked, included an option for me to use any previous version you had ever authorized, and therefore stands until the day [I]both[/I] of us agree to terminate it. If you do not like that, then your sole recourse is to make an offer to buy me out of it. Oh, and the fact you don't actually have any record of who does and does not have that same agreement with you is not my problem in any way.[/INDENT] Now, in this particular case the actions of the other party in indicating they would prefer they were not locked in this agreement with me, a glimpse into some things that reveal something of their thought process, along with the sheer size of said party, make me extremely reluctant to do anything under that agreement ever again. I mean, do you really want to work as a business partner with someone that wants you gone? I certainly don't need that kind of stress. But, that does not change my stance that in this particular case, the other party simply has no way to change the terms of their agreement with me without my agreement. [/QUOTE]
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