Hi, Francis Davey wrote: > In almost all jurisdictions various information rights are property > rights, which means they operate against everyone. The licence is a > permission to use (say a work) without violation of the rights holders > rights. I.e. the default is total restriction, which may only be > bypassed via the licence. It is irrelevant whether a use of the > information is aware of the licence since it is permissive not > restrictive (although it may be constructed by stating exceptions to a > generally given permission).
Everything you say is true, but unless you have just joined the project you must be aware that the new license being contemplated - the Open Database License - rests heavily on the European idea of database rights, and tries to supplant them by a contract for jurisdictions that have no "sui generis" database protection. A contract of course requires agreement by those who are party to it before it can be of legal relevance. (Maybe you're reading this on dev and are unaware of the 1000+ postings in the previous year on legal-talk about the matter...?) Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk