[Imports] Redmond WA Address Import proposal

[Minh Nguyen]

Vào lúc 03:21 2022-11-22, Greg Troxel đã viết:
> 
> Mike Thompson <miketho16 at gmail.com> writes:
> 
>> There is also this, which seems to be problematic:
>> You agree to indemnify, defend and hold harmless King County and its
>> officers, directors, and employees from and against all fines, suits,
>> proceedings, claims, causes of action, demands, or liabilities of any kind
>> or of any nature arising out of or in connection with your use of the Data
> 
> I wouldn't say "seems"!  Any kind of indemnification or hold harmless is
> totally and absolutely NOT OK at all.
> 
> What this means, is that the person agreeing to this license agrees that
> 
>    suppose they put the data in a navigation device
> 
>    someone else uses that navigation device
> 
>    something bad happens
> 
>    someone -- anyone -- sues King County with any kind of claim that
>    somehow the bad thing was "arising out of use" or was "connected to
>    use"
> 
>    then,
> 
>    the person who agreed will pay the judgement etc.
> 
> 
> This is just crazy, and IMHO the law should hold such contracts to be
> void as contrary to public policy (by waiving negligence and putting it
> on some other party, especially when the first party knows that the
> other party lacks legal sophistication and is likely not to understand
> the terms).  But that's not how it is, apparently.

This is a standard boilerplate disclaimer of warranty in the U.S. At 
least eight other imports have already taken place under the condition 
that we repost a similar disclaimer on [1]. Some of them make clear that 
the reason for this disclaimer is that they don't want to be held to the 
same legal standard as a legal survey in cases of property disputes. I 
am not a lawyer either, but let's not jump to the conclusion that merely 
respecting the county's disclaimer means we're left holding the bag: we 
have a disclaimer of warranty too: [2]

> Any material downloaded or otherwise obtained through your use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. 



[1] https://wiki.openstreetmap.org/wiki/Contributors#United_States
[2] https://wiki.osmfoundation.org/wiki/Terms_of_Use#IX._Disclaimers

-- 
minh at nguyen.cincinnati.oh.us