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Message: <blockquote data-quote="pemerton" data-source="post: 4040231" data-attributes="member: 42582">I don't think the 30 days under clause 13 would have any application in this situation.The licence comes into force by way of clauses 3 and 4. So if I distribute what I represent as OGC, but is in fact public domain, what happens when person X tries to use that pseudo-OGC?Under clause 3, X accepts my offer (which I have made by distributing my stuff and labelling it as OGC within the meaning of the OGL).Under clause 4, X gives consideration by agreeing to abide by the terms of the OGL, and I give consideration by granting them a licence. Except I can't do any such thing, as the material is in fact public domain. Therefore no contract arises, and the terms of the OGL become irrelevant.Whatever rights X has against me do not arise under the OGL. They arise out of the general law of misrepresentation (which I imagine is overwhelmingly statutory in most parts of the US). I was envisaging that X might get damages against me for the cost of including a page in their book citing the OGL, when they didn't need to (thus, my misrepresentation cost them printing costs they need not have incurred).What intrigued me about this case was that, if the OGC becomes public domain, then future distributors who put it out under the OGL would lack the capacity to grant the rights necessary to bring the OGL into force in respect of them and other users. But I think you're probably right that it's their lookout, and not the responsibility of the initial author of the OGC.</blockquote>

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