On Jul 19, 2010, at 1:30 PM, Rob Myers wrote:

> On Mon, 19 Jul 2010 20:13:02 +1000, John Smith <deltafoxtrot...@gmail.com>
> wrote:
>> On 19 July 2010 20:07, Rob Myers <r...@robmyers.org> wrote:
>>> My source for the fact that creativity is not being relied on is the
> fact
>>> that the ODbL doesn't rely on it and the ODbL is the currently proposed
>>> replacement licence.
>> 
>> It's my understanding that once someone breaches contract with OSM-F
>> (or whoever) and say pushes the data via ftp or p2p or ... and the
>> data is outside Europe where the database directive doesn't apply
>> isn't the only form of protection still copyright?
> 
> This is why the ODbL has the triple whammy

I like 'triple whammy' but prefer the 'three pillars of government' analogy :-)

> of not just relying on database
> right, copyright or (sigh) contract law but using all three. Where one
> doesn't apply, hopefully the others will. If copyright and DB right apply,
> I don't think you can strip them by geographically exporting and importing
> them. And if someone is breaching the contract, they can hopefully be
> stopped from doing so. This means that the ODbL covers (c) and (DB) where
> they apply, and contract law as much as it can.
> 
> That said I don't think you'd need to export the data geographically in
> order to break the contract requirement, just leave a planet dump on the
> bus. :-/
> 
> (I am not a lawyer etc.)
> 
> - Rob.
> 
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> 

Steve

stevecoast.com


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