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(3 edits) (+1)

Of course I'm not a lawyer, but when you make stuff and put it online? You have to know a thing or two to stay out of trouble. And you don't.

First of all: no, a license is not a contract. A contract has to be signed by both parties, otherwise it's null and void. And even if it was a contract, it could be canceled.

Second, I'm a volunteer moderator. Nothing I say here is official. Especially since this is about a project published on itch.io, where I have no authority as a moderator (it only extends to the community). Edit: in fact I pointed out repeatedly throughout my posts in this topic that I'm only expressing my opinions as a creator and player who is using the site like everyone else. Even our admins use their accounts the usual way.

Third: you seem awfully certain this can go to court, and you're making statements that sound threatening. I do not appreciate being threatened. You throw around awfully big words given the nature of this entire situation.

Once again, I am not a lawyer. I could be wrong about any and all of this. But your arguments don't convince me at all. And itch.io does have legal council. The real kind, for a change.

First: https://www.investopedia.com/terms/l/licensing-agreement.asp. Also, your understanding of contract law is sorely lacking. A contract *can* be cancelled but it has to meet criteria to do so. If a contractor gets paid for work they don't complete on a project, that's a breach of contract, and just because they say "I cancelled the contract" doesn't mean they're not liable for breach of contract. Taylor Swift's publisher licenses music to Spotify, but if they said "Actually we're just going to pull our music" without having a clause in the contract they could point to Spotify would have grounds to sue for damages. Also, both parties agreed to the itch.io Terms of Service as either publishers and users, so both are bound to the Terms of Service as a contract (and yes, that is a contract, here's a link: https://www.iubenda.com/en/help/43147-are-terms-of-service-legally-binding), and while both parties do have ways to terminate the contract, the termination of the contract does not terminate clauses that survive termination, of which the clause in question actually does. I don't have any nicer way to say it, and if you're going to argue it further, I would appreciate some actual sources or research instead of hand wave "No it isn't" responses that are factually wrong and can be debunked by a single Google search.

Second: I was a volunteer and was told that having a name badge as a moderator in a social space potentially made me a party to the lawsuit. I'm just saying what I was told based on my experience. You're welcome to ignore it, like I said I'm not a lawyer, but as someone who has done community moderation which is sucky work for sucky compensation it's not worth the trouble in my opinion. Just because what I said "wasn't official" didn't mean it wouldn't be hoovered up in a subpoena (yes, I asked, I'm not just making this up, sorry you want to get defensive but court systems don't care about "just using the site like everyone else" and it's a very frustrating experience).

Third: Not threatening you, just offering advice which I recommend you take, but you don't have to and I'm not going to be the one to do anything- I don't have the kind of money to launch a lawsuit over a $9.99 game that I got in a bundle. However, this is a material breach of contract and potentially someone could take it to court and speaking from experience it hits different to see comments you read online from fellow volunteers in a court document. And yeah, I throw around big words, because in case you've ever seen a legal document they don't exactly avoid them. I can't believe in 2024 "using big words" is somehow a reason to invalidate an argument, but then again it is the internet. But I would encourage, before you keep posting and making yourself look like you don't know what you're talking about, to at *least* look for an answer some of the things you're going to say, because when your "first of all" point is factually wrong it really erodes credibility.