[OSM-legal-talk] [OSM-talk] What could we do to make this licences discussion more inclusive?
Heiko Jacobs
heiko.jacobs at gmx.de
Sat Jul 17 12:57:48 BST 2010
John Smith schrieb:
> On 17 July 2010 18:34, Heiko Jacobs <heiko.jacobs at gmx.de> wrote:
>> I saw anywhere in the deeps of discussion at legal, that also
>> the new licence does not protect data in australia ...? Mmmmh ...
>
> No, someone was claiming cc-by licenses we're valid in Australia, as a
> reason to change to ODBL, if that is the case why did both the federal
> and state governments of Australia release data under cc-by if it was
> so weak.
Did I misunderstood the posting below because of not perfect english?
Liz schrieb:
> On Sat, 17 Jul 2010, Rob Myers wrote:
>>> Science Commons seem to think copyright doesn't apply to databases,
>> In the US.
>>
>>> OKFN
>>> seem to think it might.
>
> After a recent High Court decision, in Australia copyright is not applicable
> to databases. Maps were not included in the Court decision, but a database was
> the subject of the case.
> The contract part of ODbL may not have any force either in Australia. That
> would need court hearings to determine.
> Against - It is presented as a shrink wrap licence with no opportunity to
> negotiate terms
> - The entity representing the data does not 'own' the data and it could
> be argued has no right to be a party to a contract over the data
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