[OSM-legal-talk] CTs and the 1 April deadline

Richard Fairhurst richard at systemed.net
Wed Jan 5 13:53:25 GMT 2011


John Smith wrote:
> On 5 January 2011 22:41, Richard Fairhurst <richard at systemed.net> wrote:
> > As I said to Robert last night, I don't think you need to explicitly
> write
> > "we will not do anything illegal" into the Contributor Terms
> [...]
> What's with the comparisons of contract law and criminal law?

Copyright infringement _is_ a criminal offence in England & Wales; and the
CTs expressly state that the agreement between OSMF and the user "shall be
governed by English law".

>From CDPA 1988 (there's lots more):

"A person commits an offence who, without the licence of the copyright
owner... distributes... to such an extent as to affect prejudicially the
owner of the copyright... an article which is, and which he knows or has
reason to believe is, an infringing copy of a copyright work."

The penalty is up to ten years' imprisonment. Scary stuff.

cheers
Richard


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