[OSM-legal-talk] [OSM-talk] Breaking up is hard to do (was New Logo in the Wiki)

Frederik Ramm frederik at remote.org
Thu May 5 07:48:03 BST 2011


Russ,

    (I'm trying to move this over to legal-talk because you are 
expressing an interesting legal viewpoint):

On 05/05/11 06:27, Russ Nelson wrote:
> I'm wondering on what data you come to that conclusion? Because people
> have clicked "ok" on the license change and CTs? And yet there is no
> agreement and no contract. The OSMF has made it clear: you agree, or
> we delete your data and throw it into the dustbin of history. An
> agreement made under duress is no agreement at all.
>
> So, yes, do please tell me where you're getting your data from,
> because if you're counting my click, you can discount it.

Would you really say that personally, as far as your contributions are 
concerned, you consider your "I agree" click to be legally void because 
it happened "under duress"?

It would be interesting to hear a lawyer's perspective on that.

 From time to time I get emails from various service providers (eg 
PayPal) telling me: "We're changing our terms and conditions... please 
click here to agree" or so. With the implication that they will not 
continue to provide services to me unless I agree to their (unilateral) 
change of terms. Would you say that such an agreement happens "under 
duress" as well?

Is it not rather like this: You have created data that OSMF offers to 
distribute for free via their infrastructure; now they're changing their 
terms and they only continue to offer this service if you agree to the 
changed terms?

Bye
Frederik





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