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

[Anthony]

On Fri, Dec 10, 2010 at 9:40 AM, Rob Myers <rob at robmyers.org> wrote:
> On 12/10/2010 02:29 PM, Robert Kaiser wrote:
>>
>> Rob Myers schrieb:
>>>
>>> Please name the jurisdictions you have in mind and provide references to
>>> the applicable case law in those jurisdictions. Please also provide
>>> sources demonstrating that data is PD in those jurisdictions.
>>
>> WHAT about "IANAL" in my message don't you understand?
>
> I do apologize. The formatting in the email I used made it appear that was a
> quote from Anthony. I also apologize to Anthony.

I'm just more confused now.

The claim being made by you and Robert seems to be:

1) OSM is PD in some jurisdictions.
2) ODbL somehow makes it not PD in those jurisdictions.

The argument for this seems to be:

1) I've read this from people I trust.
2) It's on the list.

My counter is:

1) You can't take things out of the public domain.  Only Congress can do that.
2) When you slap a license on something that is public domain, it's
still public domain.

"If a work is in the public domain you cannot claim a copyright in
it." (http://www.publicdomainsherpa.com/10-misconceptions-about-the-public-domain.html)

"Once in the public domain, it is always in the public domain."
(http://www.public-domain-image.com/public_domain/public_domain.html)

"...there is nothing anyone can do to move a work out of the public
domain..." (http://opencontent.org/blog/archives/348)

If I'm misrepresenting your claim, please let me know.