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

[Joseph Gentle]

On Tue, Oct 21, 2008 at 1:11 PM, Frederik Ramm <frederik at remote.org> wrote:
> Hi,
>
> Joseph Gentle wrote:
>> I don't understand the use case for people passing off my work as
>> their own.
>
> I don't either. But trying to force *anything* onto your users means
> that you cannot let go of the data - you're then automatically entering
> this whole license swamp because where you make demands you also need a
> stick to enforce them:

I am not a lawyer; but as I understand it moral rights need not be
mentioned in a license. They are distinct from copyright. You do not
need your own stick.

In some countries, you cannot waive your moral rights even through a
license. We could just accept that the default moral rights are
acceptable and not mention them in the license.

> If you intend to uphold this, then your PD repository is likely to
> become less free than the original OSM data set which, at least in the
> curren ODbL draft, waives this right.

Thats not true. There are applications I can write and sell using PD
data that I cannot write and sell using share-alike data despite
enforced moral rights on the PD data.

However, if the consensus is that we're ok absolving our moral rights,
I will go along with that. I think the things I am worried about are
covered by libel and slander laws anyway.

-J
[ I am not a lawyer. This is not legal advice. ]