[OSM-legal-talk] Houses of cards
rob at robmyers.org
Thu Feb 21 08:47:00 GMT 2008
> On 20 Feb 2008, at 20:23, Rob Myers wrote:
>> Nesting answers here a bit.
>> John Wilbanks wrote:
>>>>> Quoting SteveC <steve at asklater.com>:
>>> Well I can tell you exactly what they do, their licenses are based on
>>> the same three things that the ODL is. The Database Directive,
>>> copyright and contract.
>> But I think that DB right won't apply outside of the EU, copyright
>> apply anywhere unless they are doing something interesting that we
>> should find out about, and contract law is of more use for
>> who can sue for damages than for community projects who can't restore
>> copyleft even if they do sue.
> THAT. IS. THE. WHOLE. POINT. :)
> It's based on those three things so that if one fails (perhaps just in
> your jurisdiction) then the other two can hold.
All can fail at once is my point.
If I am a US college student with a Tor client, an SSL connection and a
Hotmail account, I can grab the OSM tarball, remove the ODL, and upload
it to archive.org or a torrent host.
- Copyright doesn't apply because it's data.
- Database right doesn't apply because I'm in the US.
- Trade secrets don't apply because the data is publicly available.
- I have violated the contract but I am completely anonymous and
untraceable. Nobody can find out who I am to do anything about this. And
OSM would want copyright restored not damages anyway, which isn't possible.
So anyone can grab the now copyleft-less OSM data (outside the EU at
least) and there is very little OSM can do about it.
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