[OSM-legal-talk] Query over contributor terms

[80n]

On Tue, Jul 20, 2010 at 5:26 PM, David Groom <reviews at pacific-rim.net>wrote:

> Apologies if this has been brought up before.
>
> The last line of para 1 of the contributors terms states "....You have
> explicit permission from the rights holder to submit the Contents....."
>

Given the scope of the contributor terms I think this really does need to
say "explict" here.  You are giving OSMF permission to potentially change
the license of any data you submit to any other free and open source
license.  Unless the original rights holder has placed the material in the
public domain (or CC0 or whatever) then you probably wouldn't have the
rights to agree to the contributor terms.

It's certainly my understanding that CC-BY does not convey the rights to
re-publish under any old free and open source license.  However I believe
LWG are currently seeking legal guidance on this point.




>
> The use of the word "explicit" worries me.
>
> To me that would indicate that the rights holder would have to sate
> something along the lines of  "I give David Groom permission to incorporate
> my data into OpenSteetMap" , though possibly a more vague permission such as
> "I give anyone permission to incorporate my data into OpenSteetMap", might
> be OK, thought arguably this is not "explicit permission".
>
> Lets say I got hold of some CC-BY data, I could not incorporate that into
> OSM, unless I approached the author and got specific explicit permission to
> do so, since the permission given by CC-BY is "implicit" and not "explicit"
> .
>
> What worries me is the amount of data sources where permission is implicit,
> but not explicit
>
> David
>
>
>
>
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