[OSM-legal-talk] Starting Repository For Public Domain OSM Data

[Ian Sergeant]

"Joseph Gentle" <josephg at gmail.com>  wrote:

> Thats not true. I don't think the US Government has waived their moral
> rights regarding the TIGER data. As I understand it, placing work in
> the public domain does not automatically waive your moral rights on
> the work.

Moral rights are a very murky, unsettled area of law in many parts of the
world.  They are definately best avoided in any OSM PD model.

I would doubt that there are any moral rights under US law associated with
the TIGER data for the government even to renounce.

> I understand if people want to use my work for any purpose. I
> understand them building it into their product, selling it, changing
> it, publishing it, putting overlays, etc. I'm happy with all of that.
> But if you waive moral rights they can also say "Frederik is a liar if
> he said he made them. If you want these maps, you come to us because
> they are ours!"

There can be a right to integrity - even if the original author is not
attributed.  There can be a right of attribution.

This is the stuff we want to leave way behind with a PD licence.  Leave
behind concerns of attribution, where and how.  Leave behind concerns of
who can change what, or what they can do with it.  Why would you go PD to
get rid of the copyright minefield, and then step right into another
quagmire.

A PD licence says, I've created the data, I've done it because I enjoyed
doing it, got out in the fresh air, and played around with GPS's, computers
and mapping.  Now, go and do whatever you want with what I've done.  If
someone else wants to lie and say they made them, then they must answer to
their respective deity, because I've had my fun, and I don't care.

Ian.