Re: [OSM-legal-talk] Is CC-BY-SA really so ineffective?

2009-07-06 Thread Grant Slater
2009/7/6 Frederik Ramm frede...@remote.org:
 I just checked out the BBC web site and while they say please get a
 parent's permission before taking part in any bbc.co.uk community if
 you're under 16, there is nothing remotely referencing COPPA there. Nor
 does it say if you're under 13 you may not look at our web site.


Quote next section...
If you're under 16:
- Never reveal any personal information about yourself or anyone else
(for example, school, telephone number, your full name, home address
or email address).

Not capturing any personal information from under 13 year olds,
effectively makes them except from COPPA.

/ Grant

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Re: [OSM-legal-talk] Is CC-BY-SA really so ineffective?

2009-07-06 Thread Frederik Ramm
Hi,

Ed Avis wrote:
 Frederik Ramm frede...@... writes:
 
 If it is the settled view of the OSM project, based on legal advice,
 that copyright plus CC-BY-SA does not protect the Openstreetmap
 geodata from being copied and incorporated into other works, can an
 official statement be made to this effect?
 No, because we play the same game as everyone else does. We don't know 
 if there is copyright but we claim there is, just to be on the safe 
 side, i.e. at least instil some fear of potential lawsuits in those who 
 would use our data without adhering to our license.
 
 I think this is a very sensible policy, and quite enough deterrent to stop
 companies using OSM map data without following the CC-BY-SA share-alike terms.
 I cannot imagine any map company wanting to take the risk.
 
 So I still don't understand why some people are so keen to drop CC-BY-SA and
 start a legal arms race by using an EULA instead.  If it ain't broke, don't
 fix it.

I was talking data. Our data is CC-BY-SA and will remain so, 
unless/until we decide to switch to ODbL or soemthing else.

Nobody is saying that the web site terms and conditions, which we don't 
yet have any of and a lawyer suggested we should - would replace that 
license for the data.

The lawyers's stance, supported by Russ Nelson et al., is that even 
though we didn't have Ts+Cs before to govern the use of the web site, 
this should be characterised as broken because it exposed us to risk 
and we were only lucky that nobody sued us for some stupid reason which 
Ts+Cs would avoid.

Bye
Frederik


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Re: [OSM-legal-talk] Is CC-BY-SA really so ineffective?

2009-07-06 Thread Frederik Ramm
Hi,

Grant Slater wrote:
 Quote next section...
 If you're under 16:
 - Never reveal any personal information about yourself or anyone else
 (for example, school, telephone number, your full name, home address
 or email address).
 
 Not capturing any personal information from under 13 year olds,
 effectively makes them except from COPPA.

But you do agree that it is a far cry from the lawyer's boilerplate text 
which says: In any case, you affirm that you are over the age of 13, as 
the OSMF Site is not intended for children under 13.?

Bye
Frederik


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