[OSM-legal-talk] License Cut-over and critical mass

Simon Ward simon at bleah.co.uk
Tue Jul 20 00:44:53 BST 2010


On Tue, Jul 20, 2010 at 12:10:03AM +0100, Emilie Laffray wrote:
> To the best of my knowledge, violating a contract and making the data
> available doesn't make the data public domain. Richard Fairhurst pointed out
[…]
> A quick talk with a friend who is a lawyer made abundantly clear that third
> parties don't have the right to access the data in the first place, since
> the data was "stolen" through a contract breach in the first place. It would
> be very very difficult to plead good faith in this case.

Thanks, I appreciate your efforts to check these things.

> Then again, we are talking about one aspect of the licence which may be used
> since it depends on your jurisdiction and the sets of law governing your
> jurisdiction. It will be very different in France where the concept of moral
> rights cannot be removed from someone. Copyrights and other "intellectual
> property" mechanisms will vary very strongly between countries.

I recall somewhere that we are asked to waive our moral rights, which I
think can be done in the UK but I believe is unnecessary, and should not
be part of the license or the contributor terms.

I really have to read back on this though, I could be very wrong.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall
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