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 the problem of unequal bargaining power that the termination provisions were designed to remedy.

2. Termination of Open-Content Licenses
A literal reading of the Copyright Act’s termination provisions suggests possible difficulty for users of works distributed under the various open-content licensing arrangements illustrated earlier. Each of the open-content licenses considered above authorizes members of the public to copy, to distribute, and (in most cases) to modify the licensed works, actions that would otherwise be reserved by statute to the copyright holder alone. Thus, every open-content license creates a “nonexclusive grant of a. . . license of .. . any right under a copyright” within the meaning of the statute’s termination provision. Accordingly, individual contributors to a host of open-content projects would appear to be empowered under the statute to terminate licenses and recapture the copyright rights in their contributions to the project. Existing derivative works based on those contributions could continue to be used, but no new derivatives could be created. Thus, although the issue is less than perfectly clear, the existing statutory text suggests that open-content licenses are not (and cannot be) truly perpetual, notwithstanding the intent of licensors and the settled understandings of the open-content user community.