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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: 8916166" data-attributes="member: 42582"><p>If it's the case that what section 4 licenses is <em>the OGC to which the contributor has a section 2 notice of offer affixed</em>, then it seems to me that the licensee has an argument that their contractual right against the licensor obliges the licensor to keep that offer on foot - at least in respect of them - so as to not bring it about that the subject matter of the licence evaportaes.</p><p></p><p>I don't have a view on how strong that argument is. It depends on which elements of the contract are treated as subordinate to which others. I would expect the approach to this to reflect both general principles of contract law, and also a close consideration of what the parties are bargaining for and hence ought to be understood to have agreed to.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8916166, member: 42582"] If it's the case that what section 4 licenses is [i]the OGC to which the contributor has a section 2 notice of offer affixed[/i], then it seems to me that the licensee has an argument that their contractual right against the licensor obliges the licensor to keep that offer on foot - at least in respect of them - so as to not bring it about that the subject matter of the licence evaportaes. I don't have a view on how strong that argument is. It depends on which elements of the contract are treated as subordinate to which others. I would expect the approach to this to reflect both general principles of contract law, and also a close consideration of what the parties are bargaining for and hence ought to be understood to have agreed to. [/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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