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Question about GSL - Scott please comment
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<blockquote data-quote="wayne62682" data-source="post: 4312667" data-attributes="member: 40455"><p>Which is why it's probably unenforceable, and they're trying to use extortion tactics to scare people into not going back to the OGL if they don't like the GSL - they can't legally do anything, but who has the money to fight a prolonged legal battle before a judge rules that they can't do it? Even though it would just take one ruling against them to expose their scare tactics, no company wants to risk going bankrupt on the chance.</p><p></p><p>It should be unenforceable on the same grounds as a no-compete; it would prevent you from engaging in your primary business for a ridiculous amount of time (i.e. forever). IANAL but I know that no-competes that say you can't perform the same type of work are pretty much unenforceable by law (e.g. I am a software developer; a no-compete that says I can't do development for any company if I leave my present one is unenforceable; saying I can't perform the same kind of development *should* be unenforceable but depends on the type of work involved). Not sure how exactly it works in regards to this, but I'm pretty sure it would not be enforceable since it would prevent a company from engaging in its primary business if you revoke their GSL license and try to say they can't publish anything under a completely separate license.</p></blockquote><p></p>
[QUOTE="wayne62682, post: 4312667, member: 40455"] Which is why it's probably unenforceable, and they're trying to use extortion tactics to scare people into not going back to the OGL if they don't like the GSL - they can't legally do anything, but who has the money to fight a prolonged legal battle before a judge rules that they can't do it? Even though it would just take one ruling against them to expose their scare tactics, no company wants to risk going bankrupt on the chance. It should be unenforceable on the same grounds as a no-compete; it would prevent you from engaging in your primary business for a ridiculous amount of time (i.e. forever). IANAL but I know that no-competes that say you can't perform the same type of work are pretty much unenforceable by law (e.g. I am a software developer; a no-compete that says I can't do development for any company if I leave my present one is unenforceable; saying I can't perform the same kind of development *should* be unenforceable but depends on the type of work involved). Not sure how exactly it works in regards to this, but I'm pretty sure it would not be enforceable since it would prevent a company from engaging in its primary business if you revoke their GSL license and try to say they can't publish anything under a completely separate license. [/QUOTE]
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