On Wed, 8 Jul 2020 at 15:40, Matthew Woehlke <mwoehlke.fl...@gmail.com>
wrote:

Moreover, it would be interesting to see a court weigh in on 2b vs. 2d,
> and what exactly constitutes "use". If I look at *content* in Google
> Maps, and then copy that *content* as permitted by 2b, am I "using" Maps
> in a way that 2d prohibits?
>

It doesn't matter which clause, or even which law.  It doesn't even
matter how valid your argument is.

1) Google Maps is a way Google uses to make (or try to make) money.

2) OSM, and maps derived from it (Mapbox, etc., and Bing Maps)
compete with Google Maps anre reduce the amount of money it makes.

3) Google does not like competitors usings its product to improve
their own product at the expense of its own.

4) Google has DEEP pockets.

Points 1-3 mean that Google will use the law to try to prevent OSM
making use of its products to create maps.

Point 4 means that it doesn't matter which law, or which clause of
which law, because Google's deep pockets mean OSM cannot
afford to fight the case.  Google will use the tactic of dragging out
the trial until OSM cannot afford any more legal fees because it
is bankrupt and ceases operation completely.

Even if legally OSM were 100% in the right (and it's far from clear
that it is) it can't afford to fight the case.  The only way OSM can
avoid losing is not to fight in the first place.

-- 
Paul
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