On Thu, Dec 9, 2010 at 8:49 AM, Rob Myers <r...@robmyers.org> wrote: > Anthony: >> >> Please explain how the ODbL changes that, in the context of case law >> regarding shrink-wrap, browse-wrap, and the OSM situation which I'm >> going to refer to as I-wish-it-were-true-wrap. > > Please name the jurisdictions you have in mind and provide references to the > applicable case law in those jurisdictions. Please also provide sources > demonstrating that data is PD in those jurisdictions.
I think you're confusing me. I'm not the one claiming that data is PD in some jurisdictions. Robert Kaiser is. He said "We'll just have to make sure anyone using our data is located in some jurisdiction where this is equivalent to PD (from all I've heard, there are quite a few). :P" It wasn't my claim, so I don't know what jurisdictions he was talking about. And to be more specific, I don't believe there is any jurisdiction in which OSM, in its entirety, is PD. I do know that unorganized collections of facts are PD in the United States. But I also know that OSM is not merely an unorganized collection of facts. Certain excerpts of it are, but not the entirety. Finally, to explain my point, unorganized collections of facts are PD in the United States *regardless of whether or not you try to pretend they aren't by slapping the ODbL on top of them*. A contract is not binding upon people who have not accepted it, and there is absolutely no way OSM can force everyone who gets a copy of OSM to accept a contract. Even if they forced everyone who downloads OSM from planet.openstreetmap.org to click on "I agree", they can't stop third parties from running mirrors where there is no such click-through. > Failing that, have a read of the previous conversations on this subject that > you have participated in on this list and let us know what you are > pretending not to understand this time. What subject would that be? Can you narrow my search? Or were you just misunderstanding my point? _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk