On Sat, Dec 5, 2009 at 9:43 PM, John Smith <deltafoxtrot...@gmail.com>wrote:
> 2009/12/6 Anthony <o...@inbox.org>: > >> 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. > > Trying to find the judgement, was a few years ago now. > Might want to check http://en.wikipedia.org/wiki/Click-through_license . A quick scan finds one case where the license was found unenforceable (because it was unconscionable), and several where it was found enforceable. I'm not sure what you consider a "click through type agreement", but if you're including websites which have you click on some equivalent of "I agree", I can't imagine that could possible be found unenforceable. Without it, e-commerce could never exist. > 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. > > What about people unable to change the terms of their contributions > due to being contributed by governments? > Yeah, them too. But I read earlier that only 10% of contributors are currently active. What's going to be kept? Besides the public domain imports (like TIGER), I can't see it being more than 25%. And that means any fork that springs up will have 4 times as much data to start with. Am I underestimating the amount of data that will be kept? Am I being naive in believing that the data from people who don't respond is really going to be removed? I honestly can't see how this switch can possibly succeed. Unlike some others, I'm not angry about it, though. Mr. Lamping analogized earlier about a gun being to the heads of the contributors. But a better analogy would be that the OSMF is sticking a gun to its own head when it says "agree to the changes or we'll pull the trigger".
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