[OSM-dev] [OSM-legal-talk] Bittorrent

Frederik Ramm frederik at remote.org
Sun Apr 19 09:21:29 BST 2009


Francis Davey wrote:
> In almost all jurisdictions various information rights are property
> rights, which means they operate against everyone. The licence is a
> permission to use (say a work) without violation of the rights holders
> rights. I.e. the default is total restriction, which may only be
> bypassed via the licence. It is irrelevant whether a use of the
> information is aware of the licence since it is permissive not
> restrictive (although it may be constructed by stating exceptions to a
> generally given permission).

Everything you say is true, but unless you have just joined the project 
you must be aware that the new license being contemplated - the Open 
Database License - rests heavily on the European idea of database 
rights, and tries to supplant them by a contract for jurisdictions that 
have no "sui generis" database protection.

A contract of course requires agreement by those who are party to it 
before it can be of legal relevance.

(Maybe you're reading this on dev and are unaware of the 1000+ postings 
in the previous year on legal-talk about the matter...?)


Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"

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