[opensource-dev] TPV Policy makes Secondlife *content* incompatible with CC-SA licenses

Brent Tubbs brent.tubbs at gmail.com
Wed Feb 24 18:24:18 PST 2010


On Wed, Feb 24, 2010 at 5:53 PM, Jason Giglio <gigstaggart at gmail.com> wrote:

> Darmath wrote:
> > Having read the TOS i'm comfortable in saying that it is reasonably
> > clear that two exchanges don't take place, but that the agency
> > situation, with LL existing as a mutual agent, would apply to SL.
> >> Darmath wrote:
>
> The CC-SA-By is not a contract, it's a copyright license.  Contract law
> concepts are mostly irrelevant.
>
> If you fail to comply with the license, then your right to distribute
> the work terminates, and you are committing copyright infringement if
> you continue to distribute.  You aren't in breach of contract.
>
> Your remedies would be limited to those under copyright law, not
> contract law.  This is a common confusion, mostly because companies like
> Microsoft have conflated copyright licenses with copyright law with
> their contract-like EULAs.
>

You sound a lot more sure of this than I think is warranted.  There's
nothing stopping licenses from being contracts and vice versa.  If there's
an offer, an acceptance, and an exchange of value (even just promises to do
or not do something), then there's a contract, even if the word "contract"
never appears in the text.


>
> _______________________________________________
> Policies and (un)subscribe information available here:
> http://wiki.secondlife.com/wiki/OpenSource-Dev
> Please read the policies before posting to keep unmoderated posting
> privileges
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.secondlife.com/pipermail/opensource-dev/attachments/20100224/deff87a3/attachment.htm 


More information about the opensource-dev mailing list