[Openstreetmap] public domain in USA

Rev Simon Rumble simon at rumble.net
Tue Dec 13 17:40:00 GMT 2005


On 13/12/2005, "Immanuel Scholz" <immanuel.scholz at gmx.de> wrote:

>[standard-I-am-not-a-lawyer-so-this-is-only-my-interpretion-disclaimer]

Ditto

>In germany, when you sign an invalid contract, the contract is nil and
>standard rules in the law apply.

This is also the case in most places, though at least in English Common
Law systems you can make a contract such that each clause has no impact
on any other clause -- so if one clause is struck down by a court, the
rest is still valid.  The lawyers use weird legalistic wording for this,
but that's what they mean.

>So the interesting question is: Is the "public domain" license of the US
>government valid in germany? AFAIK there is no case for this decided by
>any german court.

Thing is, public domain isn't a license but a state.  It means there is
no legal restriction on use.  The Berne Convention says that it does nor
provide protection to any work in the public domain.

But yes, it does seem rather complicated...
http://en.wikipedia.org/wiki/Public_domain




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