[OSM-legal-talk] Progressing OSM to a new dataLicence regime

SteveC steve at asklater.com
Wed Feb 6 11:51:55 GMT 2008


On 6 Feb 2008, at 11:27, Frederik Ramm wrote:

> Hi,
>
>> Which is why the license also uses contract to help where database
>> right is not available.
>
> Yes, but from Jordan's posting, which was quoted immediately after:
>
>>>> --Contract creates a barrier of opportunity and transaction costs
>>>> similar to copyright [above]. In addition, it is harder to enforce
>>>> against third parties after breach and so offers only limited
>>>> protection.
>
> "offers only limited protection". So we're doing all this enormous
> work and forcing people to understand all this license stuff just for
> a little bit of limited protection that will protect uns only against
> the well-meaning.

Well... it's not like the current situation is any better for a start  
right?

Have a bit of patience :-)

>>> And I may add my pet issue that if someone breaches contract you are
>>> likely to be able to sue them for damages at most, which amount to
>>> the money you could have earned if the contract had not been
>>> breached, which is zero in our case.

Jordan can you confirm this?

have fun,

SteveC | steve at asklater.com | http://www.asklater.com/steve/






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