[OSM-legal-talk] CC-BY-SA and contractual obligations

Oliver Kuehn (skobbler) osm.oliver.kuehn at gmx.de
Wed Apr 21 09:42:48 BST 2010


Hi,

"The CC-BY-SA license permits you the free distribution of any data you
download from my site, however if you make use of that right, this
contract shall be terminated immediately and any advance fees paid by
you will not be refunded." 

you can put this statement in your terms & conditions but it is unlikely
that in a court case this statement would be considered valid as your are
working against the intention of the underlying license and the act of
uploading the work (image) neither unlawful nor non-compliant with your
terms.

I think it would be easier to incorporate a very short cancellation period
to the subscription service so that you can cancel the subscription anytime
regardless of the reason.

However, it is unlikely that you would be able to keep any advance payments
for the subscriptions. You should rather use a set-up-fee, which cannot be
claimed back in case of a cancellation of the service.

Another option is to provide two image files: the map file with the
share-alike-license and a transparent image file with the traffic data,
which is licensed under a different license.

Regards,
Oliver


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