[OSM-talk] OpenStreetMap License Change Phase 3 begins Sunday

[Elizabeth Dodd]

On Thu, 14 Apr 2011 16:49:20 +0200
Frederik Ramm <frederik at remote.org> wrote:

> Hi,
> 
> Eric Marsden wrote:
> >   It is not clear to me, from your message or from what I have read
> > on the wiki, whether choosing "Decline" is a irreversible decision,
> > or whether one would still be able later to accept the licence + CT.
> 
> "Decline" is reversible. "Accept" isn't. Once we've got you, we'll
> never let go.
> 
> Bye
> Frederik
> 

This is not a simplistic legal question at all.
Where I am, right now, a contract has to have certain features to be
valid. It must be agreed to by both parties, and there shall not be
coercion, and it must not be unconscionable.
So a shrink-wrap or click-through licence is not enforceable.
We have already one example of a person who has mistakenly agreed, and
who has notified OSMF, and will have to be released from the "contract".
So instead of claiming that every "yes" is permanent, protocols will
need to be made for these circumstances.
As OSMF has delved into contract law with the ODbL, the various
contract laws of hundreds of nations worldwide will have to be
considered. Hopefully they fall into major groupings to make your task
easier.

Liz