Isn't it fair use, like training data?
Isn't it fair use, like training data?
I guess that some may be calling it overdoing in direction opposite than Internet Archive did.
It is at least partially caused by fact that OpenStreetMap Foundation budget is laughably small.
OSM doesn't have the resources to fight Google or similar if they are threatened, so it's better to just avoid using data you don't have the right license for.
The issue most ToU violations have with enforcement is that it's hard to show damages. If you just accessed their service with a fake name or downloaded some data for personal use, you haven't really harmed the company. So what are they gonna do, spend $10M to sue you for $0? So they just handle it internally by banning your account and discontinuing your use of the service.
But if, say, you did a DDoS attack that caused an outage costing them $100M, or you did large-scale scraping to set up a competitor that puts them out of business, and they can identify you, they absolutely will come after you in court for that money. The economics is different: now the damages they show is much more than the cost of litigating the case.
And doesn't that mean that terms of use can never impose restrictions stricter than copyright?
Enforcement can be quite challenging because typically if you provide a service over the Internet you don't have any idea who is using it beyond their IP address and any registration data they provide, but this also means that when companies do have a known violator and can show significant monetary damages, their legal departments come down like a ton of bricks.