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An Unexpected Victory, Unconditional Surrender, and Unfinished Business.
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<blockquote data-quote="pemerton" data-source="post: 8921268" data-attributes="member: 42582"><p>Yes. I quoted it. License agreements, once entered into, are irrevocable. (The same is true of the OGL - or at least I'm yet to see a strong legal argument to the contrary.)</p><p></p><p>But as the FAQ states, and as I quoted, the offer to license by WotC is not irrevocable. It's a gratuitous offer.</p><p></p><p>The device that the OGL uses to try and ensure that if WotC does this, the ecology remains alive, is to give all downstream licensees a power to keep licensing the licensed content, even if WotC is no longer doing so directly. It's an open question whether this mechanism works, but it probably does, and is <em>strongly</em> reinforced in that respect by representations made by WotC in the past.</p><p></p><p>The device that the CC licence uses to try and ensure that if WotC withdraws its offer, the ecology remains alive, is to stipulate that all downstream recipients automatically receive an offer whenever a downstream licensee distributes the licensed material. In my view it is also an open question whether this mechanism works. In a recent post on the Lawyer-PSA thread I posted and briefly analysed some academic writings that consider the question; as I posted not far upthread in this thread, I haven't done a comprehensive literature review and so maybe there is a definitive answer that I'm not aware of. Has there ever been a case of a CC licensor withdrawing their offer, and then proceeding against a user of their IP whose only claim to enjoy a licence depended on taking up a post-withdrawal "automatic offer"?</p><p></p><p>At least based on my current knowledge of Australian law, I think the OGL's mechanism, supplemented by the facts of WotC's representations, is more reliable than the CC licence's mechanism. If someone has an argument that it's <em>less</em> reliable I'd be very interested in hearing it.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8921268, member: 42582"] Yes. I quoted it. License agreements, once entered into, are irrevocable. (The same is true of the OGL - or at least I'm yet to see a strong legal argument to the contrary.) But as the FAQ states, and as I quoted, the offer to license by WotC is not irrevocable. It's a gratuitous offer. The device that the OGL uses to try and ensure that if WotC does this, the ecology remains alive, is to give all downstream licensees a power to keep licensing the licensed content, even if WotC is no longer doing so directly. It's an open question whether this mechanism works, but it probably does, and is [i]strongly[/i] reinforced in that respect by representations made by WotC in the past. The device that the CC licence uses to try and ensure that if WotC withdraws its offer, the ecology remains alive, is to stipulate that all downstream recipients automatically receive an offer whenever a downstream licensee distributes the licensed material. In my view it is also an open question whether this mechanism works. In a recent post on the Lawyer-PSA thread I posted and briefly analysed some academic writings that consider the question; as I posted not far upthread in this thread, I haven't done a comprehensive literature review and so maybe there is a definitive answer that I'm not aware of. Has there ever been a case of a CC licensor withdrawing their offer, and then proceeding against a user of their IP whose only claim to enjoy a licence depended on taking up a post-withdrawal "automatic offer"? At least based on my current knowledge of Australian law, I think the OGL's mechanism, supplemented by the facts of WotC's representations, is more reliable than the CC licence's mechanism. If someone has an argument that it's [i]less[/i] reliable I'd be very interested in hearing it. [/QUOTE]
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