[OSM-legal-talk] signup notice

Russ Nelson russ at cloudmade.com
Mon Jun 1 21:30:43 BST 2009


I think we're running into the "programmers confuse legal agreements  
with code" problem.  If the OSMF went into a court of law and tried to  
claim that, because your computer connected once upon a time to OSM,  
that everything your computer ever did thereafter had to be  
copyrighted CC-By-SA, the judge would laugh the OSMF out of court, IF  
he didn't fine the OSMF for contempt of court.  In order for a  
contract to be enforceable it must be a reasonable contract.

On Jun 1, 2009, at 4:02 PM, Francis Davey wrote:

> 2009/6/1 Russ Nelson <russ at cloudmade.com>:
>> Note the "(non-exclusively)".  That says that any data you give to
>> OpenStreetMap.org must be licensed under the CC-By-SA.  You're free  
>> to
>> license any of it to the rest of the world under any license you  
>> want.
>
> Either I'm misunderstanding you, or you have the original concern  
> wrong.
>
> The agreement is:
>
> "By creating an account, you 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 (non-exclusively) licensed under
> this Creative Commons license (by-sa). "
>
> Which means that you must license "all data created" using CC-BY-SA.
> There is no limitation on this, eg that the licence refers only to a
> specific licence for OSM's use. The clear meaning is that while you
> may licence the data any way you like, you must also licence it
> CC-BY-SA. In practice this means that you cannot licence it more
> restrictively than CC-BY-SA to the rest of the world.
>
> Your reading of the phrase "any data you give to" into the agreement
> is (alas) unwarranted.
>
> The problem here is the word "connect to" which surely is not meant to
> have the breadth of meaning that a literal reading would give it.
>
> --
> Francis Davey
>
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> legal-talk at openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk

--
Russ Nelson - http://community.cloudmade.com/blog - http://wiki.openstreetmap.org/wiki/User:RussNelson
russ at cloudmade.com - Twitter: Russ_OSM - http://openstreetmap.org/user/RussNelson





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