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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="pemerton" data-source="post: 8883967" data-attributes="member: 42582"><p>I haven't read the case, only the headnote that [USER=463]@S'mon[/USER] posted.</p><p></p><p>But I think a basic principle is that each provision of the instrument will be interpreted so as to ensure that the whole thing is coherent.</p><p></p><p>So imagine a 3-clause licence:</p><p></p><p style="margin-left: 20px">1. I grant you a perpetual licence to use [my specified IP in certain specified ways].</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">2. The use permitted by section 1 is subject to [various conditions].</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">3. This licence will terminate in 7 days if any of the conditions set out in section 2 is breached, unless I give express notice to you within 7 days of such breach that the licence is to remain on foot despite the breach.</p><p></p><p>It's clear that "perpetual" in this licence doesn't mean "irrevocable", because clause 3 sets out circumstances in which the licence can be revoked (namely, if you breach and I don't give you notice that the licence is to remain on foot).</p><p></p><p>Whether section 3 of my hypothetical licence sets out the <em>only</em> conditions in which revocation is possible is a further matter of construction. Without more context, I don't think it's possible to say.</p><p></p><p>I don't know. I'm not an expert in Australian copyright licensing law. I will go so far as to say the situation is likely to be similar to the UK, meaning that there probably is no such <em>requirement</em>, but everything else being equal its better to be express than to rely on context.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8883967, member: 42582"] I haven't read the case, only the headnote that [USER=463]@S'mon[/USER] posted. But I think a basic principle is that each provision of the instrument will be interpreted so as to ensure that the whole thing is coherent. So imagine a 3-clause licence: [indent]1. I grant you a perpetual licence to use [my specified IP in certain specified ways]. 2. The use permitted by section 1 is subject to [various conditions]. 3. This licence will terminate in 7 days if any of the conditions set out in section 2 is breached, unless I give express notice to you within 7 days of such breach that the licence is to remain on foot despite the breach.[/indent] It's clear that "perpetual" in this licence doesn't mean "irrevocable", because clause 3 sets out circumstances in which the licence can be revoked (namely, if you breach and I don't give you notice that the licence is to remain on foot). Whether section 3 of my hypothetical licence sets out the [i]only[/i] conditions in which revocation is possible is a further matter of construction. Without more context, I don't think it's possible to say. I don't know. I'm not an expert in Australian copyright licensing law. I will go so far as to say the situation is likely to be similar to the UK, meaning that there probably is no such [i]requirement[/i], but everything else being equal its better to be express than to rely on context. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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