[OSM-legal-talk] ODBL enforcement: contract law and remedies
eda at waniasset.com
Wed Oct 28 15:24:07 GMT 2009
Matt Amos <zerebubuth at ...> writes:
>>>let's say, for a moment, that CC BY-SA definitely doesn't work and
>>>isn't an option. what would you do? if you'd move to a new license,
>>I would prefer one which is CC-compatible,
>which bits need to be CC-compatible? any "produced work", i.e: tiles,
>can be released under CC BY-SA with the ODbL, allowing maps to be
>included in any CC-licensed work or site. does the database itself
>need to be CC-compatible?
In my ideal ponies world the database itself would be CC-compatible, so
people could generate excerpts ('list of all pubs in Swindon') and include
that in CC works.
>>In a country where neither copyright nor database right
>>exists for map data, good luck to them - obviously they've realized the
>>value of free map data, which is what OSM has been promoting all along.
>>I would not choose a licence which purports to make a contract, or which
>>would require click-through agreement before downloading planet files.
>actually, there's no reason for a click-through to download data.
>we've discussed this with lawyers and, although it further reduces the
>enforceability of the license, we don't want to put barriers in the
>way of people using the data.
That is good. To return to ponies for a moment, my licence would also
be quite clear that 'You do not have to accept this licence, since you
have not signed it.' So if there is no underlying legal reason why you
can't distribute the data, you are not required to accept any contract.
Ed Avis <eda at waniasset.com>
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