On Monday 12 March 2012 11:17:05 Martin Spott wrote:

> No, not by "looking" at a map, but by "buying" a printed map - which is
> what I stated above.  Since you hardly get your hands onto commercial,
> printed maps (which I believe is the item we're talking about) without
> the act of buying the media, the act of purchase and thus signing the
> contract is implicit by looking at the map ....  at least in most of
> the cases.
> 
> Well, you can always argue "oh, I didn't buy this map myself, I just
> found it on the road after someone dropped it there".  Anyhow, most
> maps I know are having their origin and the Terms of Use printed
> somewhere in the legend or on the back and I suspect you'll face hard
> times arguing that, by accident, you didn't notice these terms before
> starting to derive measurements from the media - especially when
> you're tring to explain that you found dozends of maps on the road  :-)

Like everything in law it's rather more complicated than one would expect.
For example at least in Germany and Austria but problably most of Europe, 
these "Terms of Use" printed on the map are no more legally binding than an 
"End User License Agreement" which many programs display on first start. That 
is because in these jurisdictions, one cannot change a contract after the 
fact. So to be legally binding these terms of use would have to be part of the 
buying contract and the buyer would have to be able to read them and agree to 
them before buying for the terms to be legally binding. Just print them 
somewhere on the back of the map is simply waste of ink.

I guess the moral of the story is that one should not try to determine 
legality by oneself, but ask a lawyer. Which is kind of ironic, since these 
laws are all binding for us, but the way it is is the way it is.

Stefan

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