Re: [OSM-legal-talk] Are the Contributor Terms Irrevocable?
On 23 August 2010 23:30, 80n 80n...@gmail.com wrote: What then is the purpose of including the word irrevocable in the list of rights granted? Does it have any meaning, or is it just window dressing? As a default general rule a licence may be revoked by a licensor unless there is something preventing them from doing so (such as an agreement to the contrary). -- Francis Davey ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
[OSM-legal-talk] Are the Contributor Terms Irrevocable?
I'm curious about the meaning of the word irrevocable in the contributor terms. Having examined a number of licenses that grant a similar range of rights (worldwide, royalty-free, non-exclusive, perpetual) none of them include irrevocability. They also all contain a termination section that is usually engineered to allow termination in the event of a breach. Am I right in thinking that if OSMF committed a material breach of the CTs then contributors would not be able to revoke their grant of rights? Does the common law right to repudiate trump the inclusion of an irrevocability clause? 80n ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Are the Contributor Terms Irrevocable?
On 23 August 2010 19:58, 80n 80n...@gmail.com wrote: I'm curious about the meaning of the word irrevocable in the contributor terms. Having examined a number of licenses that grant a similar range of rights (worldwide, royalty-free, non-exclusive, perpetual) none of them include irrevocability. They also all contain a termination section that is usually engineered to allow termination in the event of a breach. Am I right in thinking that if OSMF committed a material breach of the CTs then contributors would not be able to revoke their grant of rights? Does the common law right to repudiate trump the inclusion of an irrevocability clause? I assume you mean fundamental breach since a material breach of contract may not be sufficiently serious to permit the other party to repudiate it. Off the top of my head I don't know any specific law on the subject, but if OSMF's conduct struck at the very root of the contract (i.e. it was a fundamental or repudiatory breach) then I cannot see any reason why the contractual element of the CT should not be revocable. I'm less sure about the licence element. -- Francis Davey ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Are the Contributor Terms Irrevocable?
On Mon, Aug 23, 2010 at 8:25 PM, Francis Davey fjm...@gmail.com wrote: On 23 August 2010 19:58, 80n 80n...@gmail.com wrote: I'm curious about the meaning of the word irrevocable in the contributor terms. Having examined a number of licenses that grant a similar range of rights (worldwide, royalty-free, non-exclusive, perpetual) none of them include irrevocability. They also all contain a termination section that is usually engineered to allow termination in the event of a breach. Am I right in thinking that if OSMF committed a material breach of the CTs then contributors would not be able to revoke their grant of rights? Does the common law right to repudiate trump the inclusion of an irrevocability clause? I assume you mean fundamental breach Yes, that was the term I was searching for. since a material breach of contract may not be sufficiently serious to permit the other party to repudiate it. Off the top of my head I don't know any specific law on the subject, but if OSMF's conduct struck at the very root of the contract (i.e. it was a fundamental or repudiatory breach) then I cannot see any reason why the contractual element of the CT should not be revocable. I'm less sure about the licence element. -- Francis Davey ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
