[OSM-legal-talk] PD declaration non binding?

[Richard Fairhurst]

TimSC wrote:
> This is mainly aimed at the LWG but others might have a view. I 
> was wondering, why isn't the PD declaration binding, according 
> to the wiki page?

The PD declaration _is_ binding insofar as you promise not to assert any
rights over your own individual contributions.

However, the sui generis EU database right, and the database copyright,
belong to the creator/maintainer of the database - that is, OSMF and OSM
"corporately". These are not the same as the rights (copyright alone,
insofar as it exists on factual data) in the contents of the database.

Thus a PD declaration for your own contents does not oblige OSMF to
distribute them in a database with any particular licence.

I have suggested to LWG, inter alia, that the Contributor Terms should be
rewritten to admit the possibility that it may distribute PD contributions
under a CC0 or PDDL-licensed database.

cheers
Richard
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