[OSM-legal-talk] Privacy and Terms

[Matt Amos]

On Thu, Jul 2, 2009 at 10:20 PM, Ed Avis<eda at waniasset.com> wrote:
> Matt Amos <zerebubuth at ...> writes:
>
>>http://wikimediafoundation.org/wiki/Terms_of_Use
>>http://wikimediafoundation.org/wiki/Privacy_policy
>>see also the terms at the bottom of every edit box.
>
> These terms and conditions don't try to impose an EULA on people
> reading the site but give guidelines on uploading data, on copying
> text (which is normally restricted by copyright law, and so you need
> to read the licence), and the privacy policy is something that sets
> standards for the Wikimedia Foundation to follow, not a set of
> restrictions or disclaimers that users must agree to.

i think you're still misunderstanding: the privacy policy and terms of
service are not EULAs - they don't need to be agreed to. as you say,
the privacy policy is simply a declaration by OSMF about the
conditions under which it collects and retains data. the terms of
service are the conditions under which you may use the site - again,
they don't need to be agreed to.

>>i think you have misunderstood; i don't see anyone suggesting that
>>you'd need to explicitly agree to anything to browse the map.
>>
>>if they wish to upload something, they'll need an account. when they
>>register for an account they will be presented with the "contributor
>>terms" which include licensing.
>
> I think that's fine.  In that case the 'terms and conditions' should
> not purport to apply to people just using the website or the OSM data
> (which has its own licence), but only be something you explicitly
> agree to on uploading data.  That means any stuff about 'personal use
> only' and so on doesn't belong.

what you're referring to are the "contributor terms", which is a
contract between OSMF and the contributor regularing each party's
rights and obligations. wikipedia has something very similar.

the "personal use only" stuff comes into the "terms of service". you
don't need to agree - it's simply a statement by OSMF that the site is
intended for personal use and that any non-personal use of the site
may result in service being withdrawn.

to make this very, very clear: we're not proposing the privacy policy
and terms of service because we're evil, or we're excited by long and
boring legal documents or even that we're anticipating a clear threat.
we're doing it **because our lawyer is recommending it**.

wikipedia's documents are much, much shorter. why they make no
explicit reference to COPPA, i don't know. how they get away with
that, i don't know. all i know is that our lawyer has said that having
these documents is A Good Idea. your lawyer may disagree.

cheers,

matt