Alec A. Burkhardt wrote:

>Since the term 'copyleft derivitive' has no meaning to me, I'm
>going to have to venture a guess on what you are saying is the problem.
>The OGL creates no new concept of copyright derivation - it exists on top
>of legal system's general understanding of how copyright applies to
>derivative material.  If the understanding of derivative material changes,
>the OGL still just sits atop the new understanding.  If you mean something
>different please explain.
>  
>
I meant the part of the OGL where you are required to release your new 
derivitive work under the OGL.

This is the "viral" nature of copyleft licences, the fundamental part 
that makes them sticky & useful means for what Ryan Dancy & the FSF 
wanted to do to RPGs and Software.  It's the most attacked nature of 
open source software, and (from where I sit) the one most likely to be 
challenged in court.

I know that there are some laws that regulate where and how you can 
transfer copyright--but then again, the OGL doesn't transfer copyright, 
it just compels an exchange of permission...


Is it likely that if a court finds this part of the license 
unenforceable, the rest of it will still stand (allowing someone to make 
OGC-derived works but not release the new derivitive material as OGC) or 
is there some legal principle that would cause the whole license to be 
abolished if the principle consideration was removed?  (If there was no 
consideration there wouldn't be a contract, but the OGL includes other 
duties than release of derivitive material as OGC....)


DM

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