Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Gervase Markham
Frederik Ramm wrote: > If the contract is between OSM and the user, then Foo cannot sue Bar > for breach of contract because they have no contract. (Can my > business sue your business because you use a pirated copy of > Microsoft Windows and thus have an unfair advantage? Unsure but don't

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Gervase Markham
Frederik Ramm wrote: > And I may add my pet issue that if someone breaches contract you are > likely to be able to sue them for damages at most, which amount to > the money you could have earned if the contract had not been > breached, which is zero in our case. This would not be true in all

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Frederik Ramm
Hi, > On Wed, Feb 06, 2008 at 11:52:24AM +0100, Frederik Ramm wrote: >> Let us drop all this nonsense and concentrate on drawing up the moral >> guidelines - saying what we consider ok and what not - instead of >> fantasizing about having legal powers to enforce anything. > > I don't get it : you

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread SteveC
On 6 Feb 2008, at 11:27, Frederik Ramm wrote: > Hi, > >> Which is why the license also uses contract to help where database >> right is not available. > > Yes, but from Jordan's posting, which was quoted immediately after: > --Contract creates a barrier of opportunity and transaction costs >

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread bvh
On Wed, Feb 06, 2008 at 11:52:24AM +0100, Frederik Ramm wrote: > Let us drop all this nonsense and concentrate on drawing up the moral > guidelines - saying what we consider ok and what not - instead of > fantasizing about having legal powers to enforce anything. I don't get it : you go on abo

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Frederik Ramm
Hi, >> Surely if someone breaches contract you would sue them to, well, stop >> breaching the contract? I don't know if this is so easy. If someone breaches a contract, the normal thing to happen is that the other side loses their contractual obligation. Normal contracts are "I do this for yo

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Jordan S Hatcher
On 6 Feb 2008, at 10:52, Frederik Ramm wrote: > Hi, > > I might be getting something wrong here, but Jordan's posting, to > me, is the most convincing statement *against* the kind of license > that the foundation has endorsed. It is a bit difficult for me to > distinguish between the parts of

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Frederik Ramm
Hi, > Which is why the license also uses contract to help where database > right is not available. Yes, but from Jordan's posting, which was quoted immediately after: >>> --Contract creates a barrier of opportunity and transaction costs >>> similar to copyright [above]. In addition, it is harder

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Tom Hughes
In message <[EMAIL PROTECTED]> A. Morris <[EMAIL PROTECTED]> wrote: >> And I may add my pet issue that if someone breaches contract you are >> likely to be able to sue them for damages at most, which amount to >> the money you could have earned if the contract had not been >> breached, whi

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread A Morris
> And I may add my pet issue that if someone breaches contract you are > likely to be able to sue them for damages at most, which amount to > the money you could have earned if the contract had not been > breached, which is zero in our case. Surely if someone breaches contract you would sue them t

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Tom Hughes
In message <[EMAIL PROTECTED]> Frederik Ramm <[EMAIL PROTECTED]> wrote: > Hi, > >> -- Database rights legislation is bad policy and bad law and >> shouldn't be used. See the European Commission's own review: > > Let me add some exclamation marks here: > > * BAD LAW > * SHOULD NOT BE USED