Let’s not spread FUD, what would they go after for this guy and why?
> The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
I agree with that.
This would be a real encumberance if the author were to decide he wants to sue someone. But that is not what we are discussing here. We are discussing if Microsoft will sue the author.
We are not discussing if Microsoft can sue him. The way this works anyone can sue anyone for pretty much any reason. So that is not an interesting question.
So will they sue? The problem with these kind of informal contracts is that they are vague. Vague in practical terms means two things: 1 the outcome of any legal action is uncertain. 2 things take longer. This means that litigating things about them are expensive and uncertain.
And here I repeat: the question here is not if they can use it, but if they paid for exclusive rights.
So on one hand you have a huge mess of a litigation. On an other hand do you think microsoft is meaningfully and perceptibly harmed here? Do you think they will sell less game licences or ender dragon plushies because of this? I very much doubt it.
Based on the balance of these two above do you feel it is in the best interest of Microsoft to sue the author?
I hope they don't, but they definitely could. It would be a PR nightmare though, and there's not all much to be gained either (how much money can you make with the poem if you can't mention Minecraft?), so with any luck that will stop them.
