[odc-discuss] ODbL license contract between Licensor and You

Thu Mar 12 11:41:50 UTC 2009

Dear Mike,

I'll step in here though IANAL and usual caveats apply! This is an
excellent question and one that is central to discussion of a SA data
license like the ODbL. Before you posted  I'd already started a FAQ
style item on the wiki prompted by some of the comments on co-ment:

<http://wiki.okfn.org/wg/odol/odc/odbl>

Please take a look at let me know if this is useful and if it raises
further questions. I should say in advance that the FAQ does not
currently your specific question as to whether simply use constitutes
agreement to a contract (my gut instinct is no, unless the user could
reasonably have been expected to have been aware that this was so).

Regards,

Rufus

2009/3/10 Mike Collinson <michael at osmfoundation.org>:
> I ask this as a layman and as a question that has come up in the OpenStreetMap community.
>
> The ODbL attempts to invoke a contractual as well as a copyright license obligation.  As a deliberately naive question, does this not require an explicit exchange of signed contracts between the two parties?  Or at least a clickthrough acknowledgement by You along the lines of a shrinkwrap agreement?  Is there precedent in the Us or other jurisdictions for an implicit agreement (You Use the database therefore you agree?).
>
> Regards,
> Mike Collinson
> OSM Foundation License Working Group
>
>
>
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