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That's right, but that's because a tenancy isn't a license. A rental agreement transfers a property interest. (Indeed, a landlord can be liable for trespass against a tenant under some circumstances--a tenant's remedies are not limited to breach of contract.) This is what's confusing about this...

Here's what I wonder re the latest Walsh edit (and it connects to some of what people have said in this thread as well). Walsh writes: "Since the contract is accepted when someone “uses” the licensed material, then people who relied on the OGL 1.0a have a good argument under contract law that...