[OSM-legal-talk] Contradictory Contributor Terms?

[80n]

On Thu, Aug 12, 2010 at 1:55 AM, Simon Biber <simonbiber at yahoo.com.au>wrote:

>
> Item 1, First sentence: "You agree to only add Contents for which You are
> the
> copyright holder ..."
>
> Item 1, Last sentence: "If You are not the copyright holder of the
> Contents, You
> represent and  warrant that ..."
>
>
> These two sentences seem to be contradictory to me. The first sentence
> implies
> you are only allowed to add contents for which  you are the copyright
> holder,
> but the last sentence implies that you can  add contents for which you are
> not
> the copyright holder, so long as you  have permission to do so. Have I
> misread
> one of those sentences?
>
>
Simon, if you are creating a new account this means that you cannot upload
any content that is not yours and you cannot upload any content that you
might have derived from a souce for which you do not have *explicit*
permission.

If you are upgrading[1] your account from CC-BY-SA to ODbL+DbCL+CT then you
can only do so if you have never already uploaded content which is not
yours.  You cannot give OSMF rights to your content which you do not have
yourself.

80n

[1] Some people, mostly those who want to exploit the data, would argue that
a switch from CC-BY-SA to ODbL is an upgrade.  Others, such as myself, would
argue that it's a downgrade.  Either way, once you've don't it you can't go
back.
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