On Jul 24, 2010, at 3:56 PM, Anthony wrote: > On Sat, Jul 24, 2010 at 8:44 AM, Rob Myers <r...@robmyers.org> wrote: > On Fri, 23 Jul 2010 23:33:59 +0200, andrzej zaborowski <balr...@gmail.com> > wrote: > > > > However, the end result is effectively the same: with no copyright > > statement, the default is "All rights reserved", so the only way the > > finder can do anything whatsoever with the work is go to www.osm.org > > and establish a contract. > > Assuming the copyright (or database right) applies in that jurisdiction. > > In the absence of those, there are no rights to reserve. > > Which is where contract law comes in (in theory). > > If you've been following this thread, the whole point is that *contract law > won't work in the absence of copyright law or database right*. The contract > is only binding on OSM users, if anyone. It doesn't bind anyone who finds > the database on a bus (or, more likely, downloads it through a P2P > filesharing service). > > Now's the cue for SteveC to say 1) but commercial providers use contract law; > and 2) I've got a lawyer who doesn't like you and lawyers are never wrong. > > Well, 1) commercial providers don't make it easy to download the entire > database (or they make it so incredibly expensive that there are very few > people to police); furthermore, it's likely that they use some sort of > watermarking on those few high profile users who *do* have access to the > entire database; a few mistakes unique to the individual can catch them if > they leak the data, and these are likely to be high net worth corporations > who can be sued for enormous sums for the leak; none of this works with OSM; > and 2) feel free to have them explain in detail what's wrong with this > analysis.
I propose 3) Occam's Razor - the now hundreds of people who've been involved in the ODbL in the last few years, some of whom are real lawyers are all wrong and suddenly Anthony with no legal training and is right or the other way around. I pick the other way around. Steve stevecoast.com _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
