[OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

Richard Fairhurst richard at systemed.net
Mon Jun 29 15:18:50 UTC 2015


John Bergmayer wrote:
> The problem being, of course, assuming there is no 
> property right, there's only a contract, not a license. 
> Contracts are not enforceable against third parties. 
>
> A person who makes OSM data available without 
> conditioning it on acceptance of the same contract, 
> may indeed be in violation of *his* contract. But the 
> people who take that data aren't bound by anything. 

It's possible they may be. OSMF is based in England & Wales, and the
Contributor Terms say "This Agreement shall be governed by English law
without regard to principles of conflict of law".

Under the Contracts (Rights of Third Parties) Act 1999, "a person who is not
a party to a contract (a 'third party') may in his own right enforce a term
of the contract if... the term purports to confer a benefit on him".

But this is way above my pay grade.

https://en.wikipedia.org/wiki/Contracts_(Rights_of_Third_Parties)_Act_1999

Richard



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