[OSM-legal-talk] [OSM-talk] Unsetting CT flag

[Francis Davey]

On 8 December 2010 17:23, Anthony <osm at inbox.org> wrote:
>
> The 1.0 CT doesn't even mention the database right.  1.2 (*) says that
> the individual contributors grant the right to the OSMF, but according
> to you the individual contributors can't have the right in the first
> place.

I think there's some mistaken use of terminology here, which may be
confusing some people (even if not you). As it stands 1.2 grants a
licence to use the contributed data in any way restricted by the
database right (or copyright). It does not grant the right itself.
OSMF does not become the owner of the right as a result.

There's a lot of complex law here, but my best guess is that the sui
generis right is first owned by the contributors collectively, so that
their permission is required for its use. There are problems with that
view, but other views are more problematic. As you know database right
law is still in its infancy, so its hard to be sure.

>
> The situation doesn't seem any more clear to me, except for the fact
> that the individual contributors clearly don't have the right.  But

I'm not sure that is clear at all. I'd certainly think there's a good
arguable case that the contributors jointly own a database right in
the map data.

> you say that's already clear anyway, because it would be impossible.
>
> If it is possible for the individual contributors to hold the database
> right, then the individual contributors *should* hold the database
> right.

That is the position under CT 1.2.

-- 
Francis Davey