Alec A. Burkhardt wrote: >Theoretically, I expect that given it's current form (individually created >by contract terms) 'copyleft' is likely to run into some different >interpretations. Not just because of being interpreted differently in >varying jurisdictions, but also because not all 'copyleft' contracts are >the same. But even given the same 'copyleft' contract, say the OGL, I'd >could see jurisdictions reaching disagreeing opinions on issues. For the >OGL, the most obvious one is probably "clear designation" - perhaps where >one court says a specific method is clear while another says it isn't >(assuming such an issue would ever get before a court). An issue will >then be reconciling those differences in later cases. > > I'm not aware of any great differenes between "sticky copyleft" licenses--that is, licenses where you get the right to IP in exchange for using the same terms as the IP you're using, such as the GPL or the OGL.
The big difference is with BSD style licenses, which might not be properly "copyleft." AFAIK, they don't require the re-release of modified code--or even the release of code at all. (Not that it's likely to matter to a judge, but wouldn't different interpretations of what is and is not "derivitive" be a bigger legal hurdle for the OGL than what is and is not "Clear Identification?") >However, I can't think of why any jurisdition would have a problem with >such a contract. There's clearly offer/acceptance and no one is being >forced to agree to terms they don't wish to in order to do something they >could otherwise do. [yes, you may have to agree to some terms you don't >like, but your being allowed to use copyrighted material you otherwise >couldn't.] > > What about Section 14? If a court nullifies the "copyleft derivitive" part of the contract, wouldn't the other elements of consideration (don't use trademarks, clearly identify existing and new OGC, don't use PI) remain valid and leave the license as a whole valid? (I'd think this would be a reason for the licensors of copyleft to not want to go to court--because their license might be found to be not nearly as sticky as they thought it is.) For reference: OGL Section 14 : "Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable." DM _______________________________________________ Ogf-l mailing list [EMAIL PROTECTED] http://mail.opengamingfoundation.org/mailman/listinfo/ogf-l
