[OSM-legal-talk] Query over contributor terms

[David Groom]

----- Original Message ----- 
From: "80n" <80n80n at gmail.com>
To: "Licensing and other legal discussions." <legal-talk at openstreetmap.org>
Sent: Tuesday, July 20, 2010 6:43 PM
Subject: Re: [OSM-legal-talk] Query over contributor terms


> 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.
>
But my point remains, let say that the LWG do obtain legal guidance that 
CC-BY does convey the rights to re-publish "under any old free and open 
source licence".

My point is the contributor terms require me to get "explicit permission", 
so even if the LWG says its Ok, I still have to go back to the original 
rights holder to get that permission.

David


>
>
>>
>> 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
>>
>>
>>
>>
>> _______________________________________________
>> legal-talk mailing list
>> legal-talk at openstreetmap.org
>> http://lists.openstreetmap.org/listinfo/legal-talk
>>
>


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