[OSM-legal-talk] License Change - moving forward

[Brian Quinion]

>> Given that you can't (legitimately) sign up to the CT if you have used
>> data which you are not the copyright owner how will we deal with the
>> situation where someone who HAS imported external data signs up to the
>> Contributor Terms?
>>
>> In some ways it is their own problem, they have warranted that they
>> are the legal owner and accepted responsibility for any resulting
>> copyright infringement but this seems a trifle unfair since they may
>> not have understood the implications and it also still leaves OSMF to
>> resolve the future copyright disputes.
>
> If you have derived data from a source that allows deriving to OSM
> then I'd say you are fine.  This would cover tracing from aerial
> imagery.  If we were dealing with the world of copyright and creative
> works this would be similar to taking a photograph of a bonsai plant
> after being granted permission to take the photograph.
>
> If you've imported data from a source that allows importation to OSM,
> again I'd say that you are okay.
>
> If you've imported data from a source based only on "license
> compatibility" in the last three years you'd have to have been
> uninformed or thoughtless to do it without giving the license upgrade
> some consideration as stated in the import guidelines since January
> 2008.

My point was that people can easily get themselves into a situation
where they are legally liable by clicking the accept link and there is
insufficient warning.

IMO it should say in big letters 'If you have imported data for which
you are NOT the copyright owner you CAN NOT accept the Contributor
Terms' otherwise we are encouraging, even recommending that people
breach copyright.

There also needs to be a process for people who have signed the
contributor terms in error to un-sign or some way for them to be
assisted in removing their 'tainted' data so they are no longer in
breach.

--
 Brian