[OSM-legal-talk] New contributors and some data sources are not allowed under the CTs but too easy to access.

[Kai Krueger]

Frederik Ramm wrote:
> 
> Dunno - according to your logic, a mapper who declares his edits PD 
> would not be allowed to edit an object that a non-PD mapper has created 
> (because what the PD mapper uploads would be based on a non-PD source).
> 

That is different, as the PD vs non-PD is "within the system" and thus there
is full accountability due to the history. That is not the case when I a
bring new data into OSM by tracing from other sources. At that point I vouch
for that I have the rights to do it in the way I have told OSM I will. I.e.
with full PD rights. Which, if you are deriving from licensed Data you can't
do.



Frederik Ramm wrote:
> 
> Personally, I view the "I declare my edits PD" button as reading
> 
> "I hereby declare that I will not pursue copyright on any copyrightable 
> action I might make in OSM"
> 

<sarcastically spoken> Can I do the same with Google Maps? I won't pursue
any copyright on my actions. I just conveniently forgot to mention that the
data isn't mine to give that permission in the first place. </sarcastically
spoken>

Of cause, if the "I declare my edits PD" really doesn't currently and never
will mean anything, then of cause it doesn't matter what state that flag
has. But then what's the point of having that flag if not even you your self
sticks to it and due to that noone will ever be allowed to take it seriously
in the future? 


Frederik Ramm wrote:
> 
> 388 users have declared their edits to be PD on the Wiki for a long 
> time, and I don't think any of them have restricted their editing to PD 
> sources exclusively.
> 

That seems wrong then. If you declare that your edits are PD, then surly you
must live with the consequences that you can't use anything other than PD
sources or those you have copyright in.

Otherwise you can state "you are generally a supporter of PD, but this
wonderful dataset you really like prevents your contributions to be PD, so
you'll ignore your general support for PD for the moment and license these
edits under SA instead". But you can't say your edits are PD.


So imho, we either take this "I declare my edits PD" seriously, or it should
be dropped to not confuse people.

Kai


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