[OSM-talk] #AttributionIsNotOptional experiment on OSM France tile servers

[Simon Poole]

Am 12.03.2020 um 10:58 schrieb Martin Koppenhoefer:
> Am Mi., 11. März 2020 um 17:21 Uhr schrieb Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>>:
>
>     I would be very very wary of doing anything that deliberately
>     defaces a web site without consulting with a local (to the country
>     the web site is in) lawyer, particularly if the message implies
>     wrong doing."
>
>     As I am not a lawyer in any country that a website could be
>     displayed in, I'm really the wrong person to ask.
>
>
> So with "local lawyer" you were aiming at the country where the
> website could be displayed in? From my understanding, these local laws
> of the enduser only might matter for the service provider who uses the
> map tiles, while for the service that provides the map tiles (assuming
> reasonable ToS) their own local law would be the only relevant,
> especially when we are talking about B2B?

The "web site is in" should have been "the country the
business/organisation has its place of business in", as clarification,
but not excluding countries where they might not have a domicile but do
business in.

So say you scribble on a German companies website, if they are feeling
in the mood, you could be sued at least based on "Recht am
eingerichteten und ausgeübten Gewerbebetrieb" for damages (and naturally
to cease doing it)*. I suspect that you would not be able to reflect
this with terms in your ToUs, but as said you need to consult with
counsel in the know to be ale to asses the ricks of that happening.

Simon

*just in case you believe I'm just making things up: I was sued two
decades ago as a CEO of company on that base just for stating in a press
release that we intended to start providing services in Germany in the
foreseeable future and having a website that was accessible there. The
underlying problem was a  name and trademark conflict with a German
company of the same name (different area of business though). The net
result after multiple 10'000 of Euros of court, damages and lawyer
costs, not to mention renaming the company, all products and so on, is
that I still have a multiple 100'000 Euro per infringement injunction
against me personally in that matter. And that was a case in which we
were not clearly doing something that was wrong,  very different than
what we are discussing here.

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