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General Tabletop Discussion
Publishing Business & Licensing
An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
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<blockquote data-quote="Saracenus" data-source="post: 8921887" data-attributes="member: 47839"><p>I agree, the law is not magic. I am a housing provider, which boiled down to its essence is a contract between two parties. Because we are heavily regulated by Federal, State, and Local laws, statutes, and ordinances there are constant clashes of between these various forms of legislation. I help guide that legislation in my state advocating on the behalf of housing providers and on behalf of my tenants (In fact, I just got done testifying in front of a Oregon Senate Committee this morning on a bit of proposed legislation). I also help create the forms (i.e., the contracts you sign). Every lawyer I work with can tell me what they believe the laws say and what it really means, but until that law is actually challenged in court and it is held up or struck down, they will never give me a 100% guarantee that it is so.</p><p></p><p>Yes, you can come of with a cogent legal analysis of the "automatic offer" mechanism. It might even be the likely correct one. But you will never have confirmation until a legal challenge to it is resolved. Your analysis will tell you the likely risk of publishing under the CC version of the the SRD. That is generally enough to make a choice. I hope the 2018 court case resolves this issue for you. Nothing I saw from my skim of the CC-BY licenses cases in the CC database showed one that did.</p><p></p><p>I thank you for bringing this issue to our attention and if you make or find a good analysis of this (or better a court precedence) I look forward to you posting about it so we can move beyond the stalemate we are at .</p></blockquote><p></p>
[QUOTE="Saracenus, post: 8921887, member: 47839"] I agree, the law is not magic. I am a housing provider, which boiled down to its essence is a contract between two parties. Because we are heavily regulated by Federal, State, and Local laws, statutes, and ordinances there are constant clashes of between these various forms of legislation. I help guide that legislation in my state advocating on the behalf of housing providers and on behalf of my tenants (In fact, I just got done testifying in front of a Oregon Senate Committee this morning on a bit of proposed legislation). I also help create the forms (i.e., the contracts you sign). Every lawyer I work with can tell me what they believe the laws say and what it really means, but until that law is actually challenged in court and it is held up or struck down, they will never give me a 100% guarantee that it is so. Yes, you can come of with a cogent legal analysis of the "automatic offer" mechanism. It might even be the likely correct one. But you will never have confirmation until a legal challenge to it is resolved. Your analysis will tell you the likely risk of publishing under the CC version of the the SRD. That is generally enough to make a choice. I hope the 2018 court case resolves this issue for you. Nothing I saw from my skim of the CC-BY licenses cases in the CC database showed one that did. I thank you for bringing this issue to our attention and if you make or find a good analysis of this (or better a court precedence) I look forward to you posting about it so we can move beyond the stalemate we are at . [/QUOTE]
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An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
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