[OSM-talk] PD tick box

[ce-test, qualified testing bv - Gert Gremmen]

Where its said that a person checked the box ?
And not a bot, and if it were human, who did it ?
Someone who shared/hacked your WiFi ?
There is no legal relation between an ip-number and
a person unless there is other circumstantial evidence,
such as a double opt-in confirmed log-in in with username 
and password.


-----Oorspronkelijk bericht-----
Van: Kenneth Gonsalves [mailto:lawgon at thenilgiris.com] 
Verzonden: maandag 18 april 2011 12:31
Aan: Elizabeth Dodd
CC: talk at openstreetmap.org
Onderwerp: Re: [OSM-talk] PD tick box

On Mon, 2011-04-18 at 20:02 +1000, Elizabeth Dodd wrote:
> On Mon, 18 Apr 2011 08:40:45 +0200
> Fabio Alessandro Locati <fabiolocati at gmail.com> wrote:
> 
> > In all the countries I know of ticking a checkbox is comparable to
> > sign a printed contract, so I thin is pointless to have a written
> > contract or a Copy&Past thing ;)
> 
> add Australia to your list of places where ticking a checkbox is NOT
> comparable to signing a printed contract.
> 
> 
> Quotation from an Australian Copyright Council Information sheet
> G102v01
> 
>       Elements of a contract
> The following elements must be present before you have a contract (a
> legally binding agreement):
> •   an offer;
> •   acceptance;
> •   benefit to all parties (“consideration”).
> Sometimes, a party does not want to accept the terms initially offered
> and makes a “counter-offer”, which may then be further negotiated. A
> contract is not binding until an offer is accepted without further
> conditions. Terms and conditions are generally set at the time of
> acceptance and cannot later be changed or revoked without all parties
> agreeing to the new terms.
> 
> 

where does this say that ticking a checkbox is not an acceptance of an
offer? And there is nothing unique about this - derived from English
common law and the same terms are there in *all* jurisdictions that
derive from common law.
-- 
regards
KG
http://lawgon.livejournal.com
Coimbatore LUG rox
http://ilugcbe.techstud.org/


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