[Commons-l] People trying to withdraw their released images

[Stephen Bain]

2008/8/6 Robert Rohde <rarohde at gmail.com>:
>
> A related issue to the one Artur raises is that many legal systems have an
> absolute right to withdraw contractual offers if they have not already been
> mutually agreed upon.  If you believe that a copyright license is a form of
> contract (which is probably true in at least some jurisdictions), then it is
> likely that the licensor can stop offering a copyleft license to new
> parties, even though they can't revoke it from any existing users.

There are two issues here.

The question of whether a copyright licence is revocable depends (at
least in the common law jurisdictions, not sure whether civil law
approaches this differently) on whether it is a bare licence or a
contractual one. Bare licences can be revoked at will (unless there is
an estoppel at play, for example) but contractual licences can only be
revoked as provided for under the contract or under general principles
of contract law.

On the second issue you're absolutely right, a person can simply stop
making copies available under whatever licence, without affecting the
rights of those who are already using a copy under the licence. It's
rendered somewhat meaningless in the digital context, however.

-- 
Stephen Bain
stephen.bain at gmail.com