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General Tabletop Discussion
Publishing Business & Licensing
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: 8919733" data-attributes="member: 6795602"><p>[USER=42582]@pemerton[/USER]</p><p></p><p>I think I see our disconnect. </p><p></p><p>You are holding the 'basic principle of freedom of contract and its corollary, that a gratuitous and unilateral promise to let others use one's property is not binding' to be absolute.</p><p></p><p>My initial thought is that such a principle need not be absolute, that as with most things in the law there are likely exceptions to it (or at least wiggle room in defining the terms). </p><p></p><p>As such, I find it hard to believe that the courts would potentially undo 2 decades worth of creative commons licenses in order to keep that principle as an absolute. I think most likely they would carve this out as an exception to that absolute principle. Though I think this means we are on shakier legal ground than we would like - which isn't unsurprising since open licenses are a relatively new invention.</p></blockquote><p></p>
[QUOTE="FrogReaver, post: 8919733, member: 6795602"] [USER=42582]@pemerton[/USER] I think I see our disconnect. You are holding the 'basic principle of freedom of contract and its corollary, that a gratuitous and unilateral promise to let others use one's property is not binding' to be absolute. My initial thought is that such a principle need not be absolute, that as with most things in the law there are likely exceptions to it (or at least wiggle room in defining the terms). As such, I find it hard to believe that the courts would potentially undo 2 decades worth of creative commons licenses in order to keep that principle as an absolute. I think most likely they would carve this out as an exception to that absolute principle. Though I think this means we are on shakier legal ground than we would like - which isn't unsurprising since open licenses are a relatively new invention. [/QUOTE]
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Community
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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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