Re: [OSM-legal-talk] CC-BY-SA and contractual obligations
Hi, "The CC-BY-SA license permits you the free distribution of any data you download from my site, however if you make use of that right, this contract shall be terminated immediately and any advance fees paid by you will not be refunded." you can put this statement in your terms & conditions but it is unlikely that in a court case this statement would be considered valid as your are working against the intention of the underlying license and the act of uploading the work (image) neither unlawful nor non-compliant with your terms. I think it would be easier to incorporate a very short cancellation period to the subscription service so that you can cancel the subscription anytime regardless of the reason. However, it is unlikely that you would be able to keep any advance payments for the subscriptions. You should rather use a set-up-fee, which cannot be claimed back in case of a cancellation of the service. Another option is to provide two image files: the map file with the share-alike-license and a transparent image file with the traffic data, which is licensed under a different license. Regards, Oliver -- View this message in context: http://n2.nabble.com/OSM-legal-talk-CC-BY-SA-and-contractual-obligations-tp4933501p4935742.html Sent from the Legal Talk mailing list archive at Nabble.com. ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] CC-BY-SA and contractual obligations
On 04/20/2010 10:24 PM, Frederik Ramm wrote: > Hi, > > CC-BY-SA means that the receiver of my derived work can do what he > pleases, and I must not use technical or contractual methods to keep him > from it. [...] > It can hardly be wrong to advise the customer upfront of what I am going > to do; so I could write into my terms and conditions something like: > > "The CC-BY-SA license permits you the free distribution of any data you > download from my site, however if you make use of that right, this > contract shall be terminated immediately and any advance fees paid by > you will not be refunded." > > Do you agree that this is all perfectly legal - i.e. that CC-BY-SA > governs only the copyright side of things, but the contractual side is a > wholly different beast? Or do you think that by doing the above, I would > somehow illegally circumvent the CC-BY-SA "don't add restrictions" rule? I agree with your view of the topic that such a rule would be okay. It does not limit the rights you "deliver" to him for your derived work. And if you reserve the right to maybe terminate a contract without reason, maybe with 4 weeks upfront notice or so, I can't see why you shouldn't be allowed to tell anybody your personal view in which case you might feel like terminating it. The question could maybe be extended if you could then also e.g. digitally sign graphics you give out to clients to be able to find out who "leaked" it. While that might not be "nice" again I don't see why it would also be included in your freedom to deliver him whatever derived work you might have created (specially for him). In the end it's always a small path between "playing nice" with the community and the freedom you reserve for yourself. Kind regards, Stefan ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] CC-BY-SA and contractual obligations
On 20/04/10 21:24, Frederik Ramm wrote: > > Do you agree that this is all perfectly legal - i.e. that CC-BY-SA > governs only the copyright side of things, but the contractual side is a > wholly different beast? Or do you think that by doing the above, I would > somehow illegally circumvent the CC-BY-SA "don't add restrictions" rule? Ask CC. :-) IANAL, TINLA. It doesn't sound like an additional restriction *on the use of the work itself*, and so I don't think it breaks BY-SA. Ongoing access to the service and any work that may be recived through it under BY-SA in the future is not the same as the ongoing freedom to use any work that one may already have received under BY-SA through the service. It's a slightly uncool contract, though. ;-) - Rob. ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
[OSM-legal-talk] CC-BY-SA and contractual obligations
Hi, CC-BY-SA means that the receiver of my derived work can do what he pleases, and I must not use technical or contractual methods to keep him from it. Say I produce PNG maps that illustrate motorway traffic density, based on OSM; I give the PNG to a paying customer, that customer may now upload it to Flickr if desired. I am not allowed to make a contract with the customer that prohibits him from doing so. I am, however, under no obligation to continue providing the service. So if I am selling subscriptions to my traffic service which allow a paying customer to retrieve updated maps at any time, and one customer then writes a script to pick up my data once per hour and upload it to Flickr, I can terminate the contract. (But not sue for copyright violation.) It can hardly be wrong to advise the customer upfront of what I am going to do; so I could write into my terms and conditions something like: "The CC-BY-SA license permits you the free distribution of any data you download from my site, however if you make use of that right, this contract shall be terminated immediately and any advance fees paid by you will not be refunded." Do you agree that this is all perfectly legal - i.e. that CC-BY-SA governs only the copyright side of things, but the contractual side is a wholly different beast? Or do you think that by doing the above, I would somehow illegally circumvent the CC-BY-SA "don't add restrictions" rule? Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
