On Sat, Dec 5, 2009 at 8:33 PM, John Smith <deltafoxtrot...@gmail.com>wrote:

> 2009/12/6 Anthony <o...@inbox.org>:
> > It isn't applicable to data in jurisdictions where data can't be
> > copyrighted.  Part of the proposal of switching to the ODbL is to go
> > *beyond* copyright law by imposing an EULA (which you are deemed to have
> > accepted simply by visiting the OSM website.  That's the part that
> worries
> > me, and which I suppose will cause me to stop contributing (I haven't
> > completely decided yet, though).
>
> Click through type agreements have already been deemed as
> unenforceable,


Can you provide me with a few links to back that up (off-list or on the
legal list if you think it's too off-topic)?  To my knowledge the
enforceability is spotty and unclear.


> so I fail to see how agreeing to this by visiting a
> site would be more enforceable?
>

I'm not sure if it's enforceable or not.  And I've asked on the legal list
(so far without an answer) whether or not agreeing to the Contributor Terms
requires also agreeing to the ODbL in ways that purport to reach beyond
copyright law (which, here in Florida, is not very far).

I'd be willing to release my contributions into the public domain.  But I
won't agree to further restrictions on the OSM database which go beyond
copyright law.  Someone else pointed out that that's what Google does.
Yeah, I thought OSM was supposed to be better than that.

In any case, I see little chance of the switch being made under the terms
outlined.  Between people who refuse the Contributor Terms and people who
just never respond, there's likely going to be *way* too much to delete.
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