[OSM-talk] How is there not any creative-type (US) copyright in OSM data?

[John Smith]

2009/12/15 Anthony <osm at inbox.org>:
> Yeah, well, a contract can't be enforced against people who agree to it.

I think you meant disagree, but only if you have a suitable
license/legal method that can enforce that term

> And don't you know, I have a contract on my web site which says that my data
> can't be used under the ODbL.  Anyone who reads this email is thereby made
> aware of that contract.  And anyone who uses my data is thereby in agreement
> with it.

Actually it's unlikely if not outright impossible to enforce anything
in an email just because someone reads it, which makes those silly
long legal blobs at the bottom of emails even sillier. And I haven't
been to your website so I can't be held to any T&Cs you might or might
not have. As for your data you currently agreed to license it under
CC-BY-SA which may or may not be enforcible so all up you don't have a
leg to stand on at present, you'd have to incorporate such a license
against data you upload some how, but for it to be legally binding
would be an interesting exercise in and of itself.

> That's how contracts work, right?  You just list a bunch of stuff you want
> and anyone who reads the contract and does the things you say constitute
> agreement, has to obey it.

Contracts are supposed to be mutally agreed upon, they also usually
have to been signed to shown the person acknowledges and agrees to
abide by it, just reading it doesn't mean they agree and will abide by
it and without some kind of click wrapper it's unlikely it would be
enforible either. Contracts also don't trump laws, things like no
compete clauses in California are unenforcible because it means people
wouldn't be able to work in their chosen field for 1-2 years or
whatever length of time is in the contract, on the other hand they can
and have been enforced in other areas of the US.