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

[Anthony]

On Mon, Dec 14, 2009 at 9:41 PM, John Smith <deltafoxtrot256 at gmail.com>wrote:

> 2009/12/15 Anthony <osm at inbox.org>:
> > Ah, but I don't plan on ever visiting the OSM website when and if they
> > switch to the ODbL.
>
> I doubt just visiting the OSM website without some kind of click
> wrapper similar to nearmap.com does would force you to agree with ODBL
> for just using the website.


The TOS hasn't been released yet, so I don't know.  They've said they plan
to use browsewrap, though, which is generally phrased as "by using this site
you agree to the following" (see Cloudmade's TOS for an example - I'd quote
it but I blocked their site after reading it).

Browsewrap may or may not be enforceable.  And even if it is enforceable any
judgment for damages would probably be minimal.  But I'm willing to abide by
the terms of service of the sites that I visit, at least when I take the
time to read them.  Not doing so is effectively trespassing with notice,
morally if not legally.

On the other hand if ODBL does become
> "the" license for OSM you might have to agree to license your future
> work under that for anything you submit to OSM,


Yeah, well, that certainly ain't happening.


> however ODBL
> restrictions would only kick in if you want to extend the OSM data and
> not upload changes to OSM.
>

It's highly doubtful they'll ever kick in, at least for me.  As you've said
yourself, contracts are supposed to be mutually agreed upon, and they don't
trump laws.
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