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

[Gervase Markham]

Frederik Ramm wrote:
> If the contract is between OSM and the user, then Foo cannot sue Bar  
> for breach of contract because they have no contract. (Can my  
> business sue your business because you use a pirated copy of  
> Microsoft Windows and thus have an unfair advantage? Unsure but don't  
> think so.)

In my scenario, Bar would have needed to execute the contract to get a 
copy of the data. Foo is one of the parties to the contract because they 
are licensing (part of) the data to Bar. Therefore, there is a contract 
between the parties.

> If the contract is between Foo and Bar, and Bar is using data  
> contributed by Foo, then in what way would Bar have an unfair  
> advantage over Foo regarding the data (since Foo, having contributed  
> the data, can do anything they want with the data anyway)?

In my scenario, Bar has an unfair advantage because they are withholding 
data from Foo, in breach of the share-alike part of the contract.

Gerv