Steve Donohue wrote:
2) Can the author of Open Content really make a request like this?If you fail to "Clearly Indicate" someone else's OGC, they can take you all the way to a trial for copyright violation. If you and the author have differnet opinions as to what that means, and can't come to an understanding, the party that has the legal stamina to go further down lawsuit lane prevails. The first step, of course, is to ask nicely--and to my knowledge, no one in the industry has been forced to go past step 2, "send a lawyer-gram."
Obviously he can since he just did, but I'm not sure what his recourse is if
the publisher decides not to mark his content any differently than they
normally do. Doesn't the OGL pretty much grant me the right to mark your
work as I see fit once you've released it as long as I comply with the other
terms of the OGL?
While it'd be a horrible thing to have anyone descend to nasty lawsuits, the current trend of companies all but ignoring the requirements of the OGL will only stop when upstream producers start cracking down on downstream violations, and there's a market force to encourage Opennesss.
DM
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