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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: 8891218" data-attributes="member: 6795602"><p>What she means more or less is that the license will remain in effect. So if WOTC breaches the contract you would have the normal legal remedies available to someone in that position. One of those would be that the court could issue an order obligating WOTC to fulfill the contract. The court may also award monetary damages.</p><p></p><p></p><p>Theoretically wouldn't that mean they are in breach for perpetuity? No idea how damages would be calculated for that but sounds like it could get expensive fast. I imagine damages would most likely be calculated based on your loses from the start till when WOTC ceased breaching the license. If they breached again then that would be a separate instance that would go to court again.</p><p></p><p></p><p>Property law isn't a great example to base this on - as there's so many specific laws around property that aren't generally applicable to all contracts.</p><p></p><p></p><p>I don't know that WOTC saying they are revoking the license is enough to cause a breach. I think they may actually need to take some more concrete action against you. A C&D letter or having your content pulled from a site for copyright infringement. Etc. *Again not a lawyer.</p><p></p><p>Your defense against copyright infringement would be the license. So no, you would not be liable for copyright infringement.</p><p></p><p></p><p>There's a fairly strong majority of legal professionals that are coalescing around the notion that it is not revocable (or more precisely only revocable on specified grounds in the contract). Of course the normal caveats that some jurisdiction might be different, or some facts may to light later that change things, etc. </p><p></p><p></p><p>Most of the opinions I read say 'consideration of wotc getting something in value and you also getting something in value' is the (or one of the) dividing lines about what you are asking about. (Not sure your terminology is legally correct here).</p></blockquote><p></p>
[QUOTE="FrogReaver, post: 8891218, member: 6795602"] What she means more or less is that the license will remain in effect. So if WOTC breaches the contract you would have the normal legal remedies available to someone in that position. One of those would be that the court could issue an order obligating WOTC to fulfill the contract. The court may also award monetary damages. Theoretically wouldn't that mean they are in breach for perpetuity? No idea how damages would be calculated for that but sounds like it could get expensive fast. I imagine damages would most likely be calculated based on your loses from the start till when WOTC ceased breaching the license. If they breached again then that would be a separate instance that would go to court again. Property law isn't a great example to base this on - as there's so many specific laws around property that aren't generally applicable to all contracts. I don't know that WOTC saying they are revoking the license is enough to cause a breach. I think they may actually need to take some more concrete action against you. A C&D letter or having your content pulled from a site for copyright infringement. Etc. *Again not a lawyer. Your defense against copyright infringement would be the license. So no, you would not be liable for copyright infringement. There's a fairly strong majority of legal professionals that are coalescing around the notion that it is not revocable (or more precisely only revocable on specified grounds in the contract). Of course the normal caveats that some jurisdiction might be different, or some facts may to light later that change things, etc. Most of the opinions I read say 'consideration of wotc getting something in value and you also getting something in value' is the (or one of the) dividing lines about what you are asking about. (Not sure your terminology is legally correct here). [/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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