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by Macha 1241 days ago
So the discussions from previous is that having consideration in return for a license makes it a contract rather than a gratuitous license. In this case the OGL specifies that licensing your work as OGL and including the OGL text in your work counts as consideration.

If you think the claim for that being consideration is too frail, the Artistic License from old Perl versions is a similarly permissive license, and Jacobsen vs Katzer held up that it counted as a contract with all that implies for revocability and (in particular for that case), whether failure to uphold your end is copyright infringement or breach of contract.

Some more context (and in particular how it applies to open source - if you use MIT licensed software, the idea that permissive licenses are gratuitous licenses is not a precedent you want set): https://lwn.net/Articles/747563/