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<p>I would have to respectfully disagree, as the problem is not only
the text of the checkbox itself, but the facts that the
explanatory text changed multiple times -and- for a significant
amount of time checking the checkbox was (accidentally) presented
essentially as a mandatory part of the signup process.</p>
<p>In summary, while well intended, the events conspired to make the
checkbox useless.</p>
<p>IMHO we have two, well three, ways forwards:</p>
<p>- remove the check box and all information associated with it,</p>
<p>- reset the field, agree on what checking it should mean legally
(rather tricky), and ask on login to re-decide what the value
should be,</p>
<p>- continue to raise the question once per year, and getting me to
respond with the above.</p>
<p>Simon<br>
</p>
<div class="moz-cite-prefix">On 01.10.2019 23:56, Kathleen Lu via
osmf-talk wrote:<br>
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<div>I agree with Arlo. While the meaning of the checkbox is not
100% clear, I disagree that it "has no legal significance."
While OSMF would not be in a position to conclusively declare
such contributions as public domain, as OSMF cannot be certain
to the extent of financially betting on the conclusion, that
is not the same thing as it being meaningless. At the very
least, someone who forked OSM and used only the edits that are
PD would have a reason to believe such use was noninfringing.
Even if that belief turned out to be incorrect for some number
of contributors or contributions, it would lower the possible
damages that could be claimed. <br>
</div>
<div><br>
</div>
<div>Severin, I suggest if you are concerned that you simply
make a new account and not check the box. <br>
</div>
<br>
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<br>
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<div dir="ltr" class="gmail_attr">On Tue, Oct 1, 2019 at 4:43 PM
Arlo Barnes <<a href="mailto:arlo.barnes@gmail.com"
moz-do-not-send="true">arlo.barnes@gmail.com</a>> wrote:<br>
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<div>I have the box checked, and while I understand that
my edits bundled with everyone else's are licensed under
the ODbL (not a dual-licensing arrangement), I expected
then and still expect that if someone wanted to reuse
data originating solely from my edits (or a combination
of solely my edits and edits of others who had that box
checked at the time they made the edit), they could opt
to do so with absolutely as few restrictions as
disclaimable by me.<br>
To my eye, the difference between that expectation and
'legal significance' is unclear, and would come down to
the opinion of a judge (as much copyright law ultimately
does).<br>
After all, what elements of a contract (and I think a
license or disclaiming of rights are merely contracts
with a general public) are not present in such a
communication?<br>
</div>
I wouldn't be upset if the Foundation wanted to simplify
the situation by removing the box, but I don't think
assertions who foundations are at best not obvious can act
as justification for such action; only community consensus
that this would be a good move can.<br>
</div>
-Arlo<br>
</div>
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