2009/7/4 Matt Amos <zerebub...@gmail.com>: > i'll suggest that to our lawyer, but this might mean having more than > two sets - apparently Canada and Australia have their own versions of > COPPA. and i guess the EU has something similar. it may end requiring > us to to have a different set of Ts&Cs for each jurisdiction. >
>From having a read through COPPA it seems that it would not apply to someone merely looking at or using the map - unless personal information is somehow harvested in the process which seems unlikely - but it might apply to a situation where children signed up. This illustrates a wider point: if people are going through a sign-up process then at that stage its entirely reasonable to ask them to agree to a set of terms and conditions (which can be as simple as "don't be an idiot"). Many sites do that and do that in a lightweight and inoffensive way. After all if you want to join in you should probably told what the local culture is like. On the other hand terms and conditions for use of the *site* (as opposed to signing up for an account) would not (as far as a 1 minute skim read suggests) require any compliance with COPPA. For my part I cannot see any obvious need for a whole-site-applies-to-everyone-even-those-without-accounts terms and conditions. But - and I boringly restate this point because I'm not sure its been necessarily understood - it depends what you are trying to do. There's no legal right or wrong it all depends on what you want to do. My guess is that you don't need T&C's of the kind outlined but I could be wrong. Though I do draft and litigate contracts for a living I only do so in England and Wales. I have a nodding acquaintance with some relevant law in other jurisdictions, but if you are particularly concerned about getting things right world-wide you might want a team effort 8-). -- Francis Davey _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
