[OSM-legal-talk] Merano Italy will be donating their data! CC-by-SA and donated data?

rob at robmyers.org rob at robmyers.org
Tue Oct 30 13:06:12 GMT 2007


Quoting Tom Hughes <tom at compton.nu>:

> In message <8fcd02310710300428j6644d831wf83679a37f62c849 at mail.gmail.com>
>         80n80n at gmail.com wrote:
>> If a user has asked for their identity to be concealed then are they not
>> implicitly saying that they do not wish to be attributed?  Otherwise we
>> can't use their data, period.
>
> That's a nice line in theory, and perfectly reasonable when
> considered from a common sense perspective, but does it hold any
> water legally?
>
> When a user signs up they agree that "all work uploaded to
> openstreetmap.org and all data created by use of any tools which
> connect to openstreetmap.org is to be licensed under this Creative
> Commons license (by-sa)" which is clearly saying we're going to
> publish their work under CC-BY-SA which in turn requires attribution.

BY-SA does not require that the author's name be given if a name is  
not supplied. See BY-SA 2.0 4c.

So if the user does not give their name, you do not have to attribute  
them under BY-SA.

IANAL, TINLA.

- Rob.






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