[Osmf-talk] Share Alike images

Matija Nalis mnalis-openstreetmap-osmflist at voyager.hr
Tue Dec 8 20:39:14 UTC 2009

On Mon, Dec 07, 2009 at 10:42:18PM +0000, Tom Hughes wrote:
> On 07/12/09 21:54, Matija Nalis wrote:
>> On Mon, Dec 07, 2009 at 09:59:19AM +0000, Tom Hughes wrote:
>>> For electronic databases of map data it's primarily by contract - if you
>>> go to Navteq or Teleatlas and ask to buy data for the UK roads or
>>> whatever you will get presented with a voluminous license agreement to
>>> sign first.
>> How about if you buy a GPS device with a electronic map database, like
>> Garmin ? I do not recall I've seen people signing any contracts when buying
>> stuff like that ?
> I'm pretty sure my TomTom came with a few acres of small print about  
> what I could and couldn't do with it.

That might be, but it is *not* a contract - at least in my jurisdiction it
isn't. Here it requires two able parties to agree to a terms for the paper
to be a contract; if for example the buyer is is a minor, or even if he is
adult but does not agree to contract before s(he) pays for the product, any
such attempt to "additionaly apply terms" by one party without consent of
the other after the goods are payed for is null and void. 

Over here, there are cases when you might voluntarily accept the shrink-wrap
*license* and then be bound by it, but you would only do it in order to get
something which the law would otherwise prohibit you -- for example, you
could get a map on CD, and you're free to use it, but the copyright law
dictates that you're not allowed to copy data on that CD (and downloading
the map from CD to your GPS unit is copying) unless you get permission from
the copyright holder; and the copyright holder gives you a license which
says "you're allowed to download this map to your GPS unit provided you
accept following restrictions: ...."

But you're not bound by law to accept such a shrink-wrapped license. 
But if you do not agree, you're restricted in your action what you can do
with it by copyright (and related) laws.

Opinions above are GNU-copylefted.

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