[OSM-legal-talk] Is this click through agreement compatible with OSM?

[Gregory Arenius]

On Mon, Dec 13, 2010 at 12:08 AM, Steve Bennett <stevagewp at gmail.com> wrote:

> On Mon, Dec 13, 2010 at 6:56 PM, Gregory Arenius <gregory at arenius.com>
> wrote:
>
> > I read this as saying that the terms of use, which are there as a hold
> > harmless waiver, don't grant any rights.  It specifically states that if
> the
> > city is claiming copyright on the data it will do so in the file or on
> the
> > website that the file is accessed from.  The file in question has no such
> > claims.
>
> Ok, well argued.
>
> > My understanding is that I am legally entitled to grant that license
> because
> > the city isn't claiming copyright on the data.  Its public domain and as
> > such can be added.  I think the current draft of the CTs was changed to
> > accommodate such things.
>
> One thing I'm curious about is the terms about indemnifying the City
> of SF against possible harm resulting from using the data. Let's say
> hypothetically that some third party uses the data that you
> incorporated into OSM, crashed their car due to bad data, and
> hypothetically they could sue someone over it. Now the OSM license
> disclaims liability (on the part of OSMF?) but does that other
> idemnification apply? (Actually I'm not sure what I'm asking actually
> makes sense.)
>
> I understand your question and it does make sense.   I'd think if they used
our data under a license that disclaims liability that that would be the end
of it but.....

Cheers,
Gregory Arenius
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20101213/ea4336b5/attachment.html>