[OSM-legal-talk] Houses of cards

[SteveC]

On 21 Feb 2008, at 08:47, Rob Myers wrote:

> SteveC wrote:
>> On 20 Feb 2008, at 20:23, Rob Myers wrote:
>>
>>> Nesting answers here a bit.
>>>
>>> John Wilbanks wrote:
>>>> --------
>>>>
>>>>>> Quoting SteveC <steve at asklater.com>:
>>>> Well I can tell you exactly what they do, their licenses are  
>>>> based on
>>>> the same three things that the ODL is. The Database Directive,
>>>> copyright and contract.
>>>> --------
>>> But I think that DB right won't apply outside of the EU, copyright
>>> won't
>>> apply anywhere unless they are doing something interesting that we
>>> should find out about, and contract law is of more use for
>>> corporations
>>> who can sue for damages than for community projects who can't  
>>> restore
>>> copyleft even if they do sue.
>>
>> THAT. IS. THE. WHOLE. POINT.  :)
>>
>> It's based on those three things so that if one fails (perhaps just  
>> in
>> your jurisdiction) then the other two can hold.
>
> All can fail at once is my point.
>
> If I am a US college student with a Tor client, an SSL connection  
> and a
> Hotmail account, I can grab the OSM tarball, remove the ODL, and  
> upload
> it to archive.org or a torrent host.
>
> - Copyright doesn't apply because it's data.
>
> - Database right doesn't apply because I'm in the US.
>
> - Trade secrets don't apply because the data is publicly available.
>
> - I have violated the contract but I am completely anonymous and
> untraceable. Nobody can find out who I am to do anything about this.  
> And
> OSM would want copyright restored not damages anyway, which isn't  
> possible.

That's nice. And it's what people do every day with mp3s and movies.  
What's your point?

have fun,

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