[OSM-legal-talk] The big license debate

[80n]

On 2/28/07, Laurence Penney <lorp at lorp.org> wrote:
> Perhaps it would be helpful to set out what should happen when someone
> contacts OSM, asking if they can use the data in a particular way.

OSM doesn't own the data.  The data is owned by it's contributors (ie
you) and supplied to OSM under CC-BY-SA.  If someone contacts OSM and
asks this question then that is the only legally correct response.
However I think OSM can serve a role by being able to provide some
answers and guidance.

>
> Here are some options:
>
> 1. We shrug, and say get a lawyer to read the license.

I don't think we would shrug, that would be inconsistant with our
mission statement.  We would certainly suggest that they read the
license and if they wanted to do something that was not clear-cut,
then yes, part of the advice would be to consult a lawyer.

> 2. Steve says yes or no.

He doesn't have the authority to say anything about your data.

> 3. Certain OSM Foundation guardians vote yes or no.

We don't have the authority to say anything about your data.

> 4. The OSM community votes yes or no.

The community doesn't have the authority to say whether your data can
be be used.  Only you have that right.

>
> I'd be interested to hear what other people's ideal might be.
>
> IMO it is a fantasy to think that the license-conformity of most
> organizations' intended usage will typically be clear. We need a slick
> procedure for answering usage legality queries without consulting a
> lawyer each time.
>
> It is also a fantasy to think the license will be considered in
> isolation by users, contributors, or by lawyers involved in any OSM
> legal case. I suspect the front page text, quoted earlier by Robert
> (Jamie) Munro, will have considerable force in undermining clauses in
> the CC-BY-SA license.



>
> -- Laurence
>
>
>
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