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