[OSM-legal-talk] Houses of cards

[Tom Hughes]

In message <47BDA26B.6050109 at kiyanda.com>
        Charles Basenga Kiyanda <charles at kiyanda.com> wrote:

> Frederik Ramm wrote:
>
>>> I'm a bit confused. Isn't that situation, in US jurisdiction, a  
>>> problem
>>> with any copyleft license that would be adopted? I can do this with  
>>> gpl
>>> software, too. I can download the linux kernel, take away the license
>>> notices and then sell it to someone to use in a proprietary product.
>>
>> No, because coypright applies to the Linux kernel, and the US law  
>> does recognize that very well. The problem arises only with stuff  
>> that is not copyrightable, such as factual data, onto which you try  
>> to add restrictions.
>
> But then the point still stands that, in the US, any copyleft license 
> would have the same result. Someone could take the data, strip the 
> licensing notice and distribute it as his own?

Yes, but you would be breaking the law and could be sued as 
without the license granted you by the copyleft license you
are left in the default position for any copyrighted work
whereby copyright prevents you copying it.

Tom

-- 
Tom Hughes (tom at compton.nu)
http://www.compton.nu/