[OSM-legal-talk] Are the Contributor Terms Irrevocable?

[Francis Davey]

On 23 August 2010 19:58, 80n <80n80n at 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