Frederik Ramm wrote: > To me at least, it seems obvious what Rob says. If you have something > that is not copyrighted, and you give it someone [A] under a contract, > and that person breaches te contract and publishes the data, then > whatever you gave him is up for grabs by anyone [B] as they're not > party to the contract.
4.7 in ODC-Database says that, when that happens, a new relationship/contract is established between OSM and person B. It's "direct licensing", not "sub-licensing". So person B is party to the contract, but you have the problem that they have not explicitly agreed to the contract. It's therefore assent by usage, aka browse-wrap, rather than the more watertight click-wrap. That's not ideal though it is, as far as I can tell, inevitable. Nonetheless, browse-wrap contracts _can_ potentially be valid if done right (http://www.ecomputerlaw.com/articles/show_article.php?article=2006_clickwrap_and_browsewrap_agreements - hey, written by a lawyer). And there's still copyright protection, which as per prior post, may even apply in the US. cheers Richard _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/cgi-bin/mailman/listinfo/legal-talk
