[OSM-talk] Dual/Multiple licencing

[Anthony]

On Mon, Dec 14, 2009 at 9:50 PM, John Smith <deltafoxtrot256 at gmail.com>wrote:

> 2009/12/15 Anthony <osm at inbox.org>:
> > CC-BY-SA isn't "enforcible" on anything.  It grants rights, it doesn't
> take
> > them away.
>
> It's a license, if you break licenses on software you can be taken to
> court to make sure you do follow them in future and are punished for
> past digressions.
>

No, if you break copyright law you can be taken to court to make sure you
don't break copyright law in the future.  If "break licenses", then, well,
it depends on the license.  In the case of CC-BY-SA, if you breach the terms
of the license, the license is terminated.  You are then sued, not for
"breach of license", but for a violation of copyright law.  Unlike breach of
contract, copyright violations can result in statutory damages, punitive
damages ("punish[ment] for past digressions"), and injunctions ("to make
sure you do follow them in future") in addition to actual damages.  Unlike
breach of contract.  Breach of contract does not allow injunctions ("to make
sure you do follow them in future") or punitive damages ("punish[ment] for
past digressions").

Read Jacobsen v. Katzer, and the commentary on it, and then get back to us.
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