On Aug 6, 2010, at 11:09 AM, John Smith wrote:

> On 7 August 2010 03:04, SteveC <st...@asklater.com> wrote:
>> Sounds like you've never been to court. Who's right or wrong is a secondary 
>> consideration here, the first order of magnitude issue is who has more 
>> money. We lose on that one.
> 
> So basically anyone can make any copyright claim they like and OSM
> will throw out data rather than risk going to court over the matter?

If they have several orders of magnitude more money then probably the 
cost/benefit tradeoff would suggest throwing out the data is the better option.

Of course you could envisage entirely frivolous claims or losing huge amounts 
of data, but I suspect it would more be a list of 10-100 users and a relatively 
small set of data. Losing that compared to an injunction shutting down OSM 
(which would be an early step if we didn't comply, as we're the publisher of 
the data and safe harbor would be argued against) I'd pick lose the data.

Of course, IANAL. I've just taken people to court for copyright infringement in 
the past.

Steve

stevecoast.com


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