John Bergmayer wrote: > The problem being, of course, assuming there is no > property right, there's only a contract, not a license. > Contracts are not enforceable against third parties. > > A person who makes OSM data available without > conditioning it on acceptance of the same contract, > may indeed be in violation of *his* contract. But the > people who take that data aren't bound by anything.
It's possible they may be. OSMF is based in England & Wales, and the Contributor Terms say "This Agreement shall be governed by English law without regard to principles of conflict of law". Under the Contracts (Rights of Third Parties) Act 1999, "a person who is not a party to a contract (a 'third party') may in his own right enforce a term of the contract if... the term purports to confer a benefit on him". But this is way above my pay grade. https://en.wikipedia.org/wiki/Contracts_(Rights_of_Third_Parties)_Act_1999 Richard -- View this message in context: http://gis.19327.n5.nabble.com/OSM-legal-talk-Using-OSM-data-without-modifying-are-there-any-guidelines-tp5848948p5849151.html Sent from the Legal Talk mailing list archive at Nabble.com. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
