[OSM-legal-talk] Click-through

Rob Myers rob at robmyers.org
Sun Oct 19 09:42:31 BST 2008


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spaetz wrote:
> On Fri, Oct 17, 2008 at 02:27:44PM +0100, Richard Fairhurst wrote:
> 
>> 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.
> 
> The GNU gpl has generally been upheld in all court decisions (even in the US I think) and that works as a contract. It has no click-through.

In the US, the FSF are very careful to say that the GPL is a license,
not a contract. See here for a discussion of this-

http://www.groklaw.net/article.php?story=20031214210634851

I don't know how convincing this distinction is in other jurisdictions
(IANAL), but I think it has been important in avoiding precisely the
problem under discussion.

- - Rob.
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