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Frylock's Gaming & Geekery Challenges WotC's Copyright Claims
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<blockquote data-quote="S'mon" data-source="post: 7791286" data-attributes="member: 463"><p>I <em>think</em> a court would say anyone down the line of licensing could sue anyone further down the line for breach of contract. In the UK in any case a third party beneficiary under a contract can sue under the Rights of Third Parties Act 1999 - but that only benefits third parties, it can't impose obligations on them of course.</p><p></p><p>The issue is that if there is a licence and sub-licence A-B-C-D, if there is no contract between A & D then D cannot acquire rights vs A, whereas the OGL and similar licences are clearly intended to confer rights on D vs A, as well as giving A rights vs D. I have no reason to think the OGL is not effective in doing this, and it does it by having consideration move from both parties - A (WotC) lets D do things they could not otherwise do, and D is prohibited from doing some things they could otherwise do.</p><p></p><p>I suppose a court could say there was not a contract, but a quasi-contractual relatonship, between A & D. But it looks like a contract to me.</p><p></p><p>It looks to me like a term of the OGL contract is that you must make the same OGL offer to everyone else down the line. So when I use the OGL I am accepting a unilateral offer from everyone whose material I use under the OGL. And that offer to C & D cannot be revoked by A once B has accepted it. Once B has accepted A's offer, A can't stop C contracting with A & B, and A & B can't stop D contracting with A B & C. So Umbran & Morrus are right about irrevocability in that sense.</p><p></p><p>(If we have any lawyers here who specialise in licensing or have read up on this sort of licence feel free to chip in. <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite1" alt=":)" title="Smile :)" loading="lazy" data-shortname=":)" /> I am sure a lot of work has been done in this area especially by the Open Source movement.)</p></blockquote><p></p>
[QUOTE="S'mon, post: 7791286, member: 463"] I [I]think[/I] a court would say anyone down the line of licensing could sue anyone further down the line for breach of contract. In the UK in any case a third party beneficiary under a contract can sue under the Rights of Third Parties Act 1999 - but that only benefits third parties, it can't impose obligations on them of course. The issue is that if there is a licence and sub-licence A-B-C-D, if there is no contract between A & D then D cannot acquire rights vs A, whereas the OGL and similar licences are clearly intended to confer rights on D vs A, as well as giving A rights vs D. I have no reason to think the OGL is not effective in doing this, and it does it by having consideration move from both parties - A (WotC) lets D do things they could not otherwise do, and D is prohibited from doing some things they could otherwise do. I suppose a court could say there was not a contract, but a quasi-contractual relatonship, between A & D. But it looks like a contract to me. It looks to me like a term of the OGL contract is that you must make the same OGL offer to everyone else down the line. So when I use the OGL I am accepting a unilateral offer from everyone whose material I use under the OGL. And that offer to C & D cannot be revoked by A once B has accepted it. Once B has accepted A's offer, A can't stop C contracting with A & B, and A & B can't stop D contracting with A B & C. So Umbran & Morrus are right about irrevocability in that sense. (If we have any lawyers here who specialise in licensing or have read up on this sort of licence feel free to chip in. :) I am sure a lot of work has been done in this area especially by the Open Source movement.) [/QUOTE]
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