[OSM-legal-talk] Click-through

[Richard Fairhurst]

Jochen Topf wrote:

> I see the "click-through" is still in! Doesn't anybody else think this
> is completely insane? An Open License with a click through?
> [...]
> If we can't get rid of the click-through, the license is, in my opinion,
> absolutely not acceptible.

It's worth clarifying that the click-through is not something that's  
expressly specified in "the license" (i.e. ODBL).

ODBL (not unusually) works through copyright, database right, and  
contract. Where geodata is protected by copyright law and database  
right law, it's all straightforward.

However, in jurisdictions where copyright and database right may not  
apply to geodata, the enforcement has to be via contract. A  
click-through is one way in which a user can agree to a contract. If  
there is no way for the user to agree (or otherwise), or so it's  
argued, there can be no contract.

So "if we can't get rid of the click-through" is not the question. We  
can get rid of whatever we want. It's for the community to decide  
whether the hassle of a click-through outweighs the likelihood that  
the contract would be upheld. I make no comment either way. :)

Google 'Register.com, Inc. v. Verio, Inc.', it may be interesting reading.

cheers
Richard