On 30/08/2010, at 3:04 PM, jamesmikedup...@googlemail.com wrote: > Perfect. So the new license is being shown as possibly non effective > against such an attack.
I've asked about this case before on the list, and gotten no real response about it. Consider for example if someone in the US[0] takes the ODbL-licensed planet dump provided from OSMF, and creates a North American extract of it, and makes that extract available (under ODbL) from their website. Another person/company in the US downloads that extract and uses it in a way that violates the ODbL. What can we do to enforce the ODbL? Since the US doesn't have database rights, we can't use that part of ODbL. Since copyright doesn't cover the OSM data (don't reply arguing just about that) in the US, we can't use that part of the ODbL. So the only way of enforcing the license would be through the contract parts. However the contract (if one even exists, which is arguable) would be between the person making the extract and the person using it, how can anyone other than the extract-creator enforce the license? There's also the issue that when the person hosting the extract makes it available, there is nothing forcing them to make it available in such as way that a contract would be formed. Host a copy of the planet or an extract for people to download with just a link, and I would think that you'd get a contract of adhesion at best, and that concept doesn't exist in some places. IANAL, etc - James _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
