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What would an incontrovertible irrevocable OGL 2.0 look like?
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<blockquote data-quote="Kinematics" data-source="post: 8890524" data-attributes="member: 6932123"><p>Morality clauses should absolutely <em>not</em> be in any open license. An open license is usable by anyone for any content, and the point is to share that content with other people, for any purpose.</p><p></p><p>This is both an onerous tax on the licensees, with the massive uncertainty about what some other person in some other company (who is likely to change over time) might judge as a violation, but by including it in the license you are imposing an extra burden on all publishers, in that they now have to police every single other person who uses their content.</p><p></p><p>And failing to do so (or at least failing to do so to the most extreme individual's standards; is it discriminatory practice to show women without hijabs to Muslims?) opens up <em>new</em> legal risks. For example, failing to comply with the requirement might be a breach of contract, which leads to termination; but who loses rights to the content in that case? Does the publisher lose his rights?</p><p></p><p>It's absolutely nightmarish just on a logistics and risk level, never mind the question of whether you <em>should</em> allow such control in the first place (which I also disagree with).</p></blockquote><p></p>
[QUOTE="Kinematics, post: 8890524, member: 6932123"] Morality clauses should absolutely [I]not[/I] be in any open license. An open license is usable by anyone for any content, and the point is to share that content with other people, for any purpose. This is both an onerous tax on the licensees, with the massive uncertainty about what some other person in some other company (who is likely to change over time) might judge as a violation, but by including it in the license you are imposing an extra burden on all publishers, in that they now have to police every single other person who uses their content. And failing to do so (or at least failing to do so to the most extreme individual's standards; is it discriminatory practice to show women without hijabs to Muslims?) opens up [I]new[/I] legal risks. For example, failing to comply with the requirement might be a breach of contract, which leads to termination; but who loses rights to the content in that case? Does the publisher lose his rights? It's absolutely nightmarish just on a logistics and risk level, never mind the question of whether you [I]should[/I] allow such control in the first place (which I also disagree with). [/QUOTE]
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What would an incontrovertible irrevocable OGL 2.0 look like?
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