[OSM-legal-talk] Removal of CC-SA-BY licensed data from OSM after ODbL takes effect

[80n]

On Wed, Dec 10, 2008 at 1:18 AM, Frederik Ramm <frederik at remote.org> wrote:

> Hi,
>
> Ævar Arnfjörð Bjarmason wrote:
> > Finally, in the license FAQ Steve Coast wrote "We may take the view
> > that those who have made small contributions, but cannot be contacted,
> > would relicence their data under the new licence."[3].
> >
> > Only the copyright holder can grant you permission to distribute their
> > work under a given license.
>
> Provided that there is a copyright. Rephrase Steve's words as "We may
> take the view that certain small contributions are not subject to
> copyright and thus can be included in the new data set under the new
> license." and you're clear of copyright infringement ;-)
>

Um, no I don't think that is what was meant, at all.

The key phrase is "cannot be contacted" and the import being that if they
were contactable they would probably agree to the new license.  If they
subsequently make contact and don't agree to the new license then they can
legitimately claim that their copyright is being infringed and their data
would be removed at that time.

I'm not saying whether this is a good or bad assumption to make.  I'm just
clarifying that at no time has it ever been suggested, in relation to this
matter, that some small contributions are not subject to copyright, which is
what Frederik was suggesting.

80n




>
> Bye
> Frederik
>
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