[OSM-talk] ODbL-clean Coastlines

Russ Nelson nelson at crynwr.com
Sat Mar 24 21:21:07 GMT 2012


Paul Norman writes:
 > > It's particularly galling that anonymous users who haven't accepted or
 > > declined are having their copyright respected. If you don't post your
 > > land *with your name and address* in New York State, you cannot
 > > successfully pursue a claim of trespass.
 > 
 > Copyright applies when you author something, regardless of if you state your
 > name on it.

I can make any kind of claims of ownership of land that I want. Unless
I go to the county clerk's office and register my claim under my name,
they won't enforce my claim against anyone else.

But all theories of law aside, as a practical matter, if someone
hasn't bothered to decline, they're not going to bother to sue. You
have to consider what copyright law is for: it's a temporary monopoly
granted to protect revenue. If there's no potential for restricting
distribution under CC-By-SA, and there's no potential for restricting
distribution under the OdBL, what loss in revenue has anybody
suffered? What nutcase is going to bother to sue anybody over
distributing under one free license versus a different free license
where neither one has the potential for proprietary distribution?
Nobody's making money here, and it costs money to sue. A LOT of
money. No lawyer is going to take your case on unless there are
punitive or actual damages.

Worst comes to worse, you claim innocent infringement because you
thought you were distributing under fair use, you delete the offending
data, and life goes on. In other words, the worst a lawsuit is going
to cost the OSMF is THE HARM IT'S VOLUNTARILY DOING TO ITSELF.

-- 
--my blog is at    http://blog.russnelson.com
Crynwr supports open source software
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