[OSM-legal-talk] Licence termination

Ulf Möller osm at ulfm.de
Fri Dec 11 21:09:40 GMT 2009


David Groom schrieb:

> "The first time I access the database [definition (1)] then, for as long as 
> the database is directly accessible, am I not being granted a right to 
> continue to access it under the terms existing when I first accessed it?"

No, the license gives you the right "to Use the Database", where "Use" 
is defined as "doing any act that is restricted by copyright or Database 
Rights whether in the original medium or any other; and includes without 
limitation distributing, copying, publicly performing, publicly 
displaying, and preparing derivative works of the Database, as well as 
modifying the Database as may be technically necessary to use it in a 
different mode or format."  This is an intellectual property rights 
license and does not deal with access to the website at all.

Also see Section 9.5: "Notwithstanding the above, Licensor reserves the 
right to release the Database under different license terms or to stop 
distributing or making available the Database. Releasing the Database 
under different license terms or stopping the distribution of the 
Database will not withdraw this License (or any other license that has 
been, or is required to be, granted under the terms of this License), 
and this License will continue in full force and effect unless 
terminated as stated above."

> All I can deduce from your point, is that when the ODbL is read in 
> conjunction with a document that is currently being worked on, than the 
> meaning of the ODbL might be clearer.

Actually I think the ODbL is as clear as any license in that respect. 
You're asking about something that is not part of a license.

As I wrote,  the website terms of use would be the document to look at 
for details about access to the website, but even if there is no such 
document that doesn't mean you're granted any particular rights to 
continue accessing it.





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