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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="FrogReaver" data-source="post: 8889364" data-attributes="member: 6795602"><p>My understanding from the lawyers are that property rights are quite a bit different. Indeed there are many specific laws around property that don’t apply to other circumstances. Eviction laws are just one such example. One other important thing I note in your hypothetical situation is that there is extremely minimal if any harm occurring to the licensees or sublicensees, but that probably matters less to whether it's revokable and more around whether the licenser can incur damages from the revocation. </p><p></p><p></p><p>My layman's understanding of U.S. law on this subject is</p><p>1. If a license specifies the grounds on which it can be terminated/revoked, then once accepted it normally cannot be terminated/revoked on any other grounds.</p><p>2. If a license specifies a duration, then it's normally not terminatable/revocable to those that have accepted it.</p><p>3. The licenser can himself can withdraw the offer of the license at any time.</p><p>4. However, if he has explicitly licensed out the ability to sublicense offers then he cannot withdraw that ability at anytime as going so would break the license agreement he has with his direct licensee.</p><p></p><p></p><p>Section 13 is labeled Termination. Thus, it is expressly concerned with all forms of termination. It just so happens to be that a breach is the only available means of termination within this license.</p><p></p><p></p><p>I agree here. If WOTC can revoke the license for direct licensees, then they can revoke the license for sublicensees. What laypeople often mean by revocation is 'withdrawal of the offer to license'. The claim then being made would be what I've stated in 4 above.</p></blockquote><p></p>
[QUOTE="FrogReaver, post: 8889364, member: 6795602"] My understanding from the lawyers are that property rights are quite a bit different. Indeed there are many specific laws around property that don’t apply to other circumstances. Eviction laws are just one such example. One other important thing I note in your hypothetical situation is that there is extremely minimal if any harm occurring to the licensees or sublicensees, but that probably matters less to whether it's revokable and more around whether the licenser can incur damages from the revocation. My layman's understanding of U.S. law on this subject is 1. If a license specifies the grounds on which it can be terminated/revoked, then once accepted it normally cannot be terminated/revoked on any other grounds. 2. If a license specifies a duration, then it's normally not terminatable/revocable to those that have accepted it. 3. The licenser can himself can withdraw the offer of the license at any time. 4. However, if he has explicitly licensed out the ability to sublicense offers then he cannot withdraw that ability at anytime as going so would break the license agreement he has with his direct licensee. Section 13 is labeled Termination. Thus, it is expressly concerned with all forms of termination. It just so happens to be that a breach is the only available means of termination within this license. I agree here. If WOTC can revoke the license for direct licensees, then they can revoke the license for sublicensees. What laypeople often mean by revocation is 'withdrawal of the offer to license'. The claim then being made would be what I've stated in 4 above. [/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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