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

[Francis Davey]

On 23 August 2010 22:40, John Smith <deltafoxtrot256 at gmail.com> wrote:
> There is nothing in the CTs about what happens if either party
> breaches the contract

That is correct, but as a general principle of English law (which is
the law chosen by the parties), if a party to a contract commits a
breach that is so serious it strikes at the very root of the
contractual agreement - what is known as a "fundamental" or
"repudiatory" breach then under the doctrine of repudiation the
innocent party may, at their choice, treat the contract as ended and
from then on be relieved from any liability under the contract (a
process known as "rescission").

The doctrine does not rely on a contractual provision permitting a
party to rescind.

An announcement by OSMF that, for the future, it would refuse to
comply with its obligations under the contract and, in particular, it
would not comply with paragraph 3's terms on licensing, might well be
a sufficiently serious breach as to permit contributors who had agreed
to it to rescind.

This is on the assumption that the CT's do form a contract of course
and only relates to that contract.

-- 
Francis Davey