[OSM-legal-talk] PD declaration non binding?

[TimSC]

On 23/07/10 15:05, Richard Fairhurst wrote:
> Regardless, restricting what you can do with your own contributions would be
> such a blatantly unreasonable and unfair thing to do that I am 100% sure
> OSMF wouldn't do it.
>    

On 23/07/10 15:21, Frederik Ramm wrote:
>
> I don't think that this is true from a database directive standpoint, 
> or more precisely: My downloading "my own" data is nothing else, 
> legally, than my downloading "someone else's" data, since the database 
> directive only recognizes the effort spent by the creator of the 
> database. However, OSMF is unlikely to sue me for breach of license if 
> I download and re-used my own data. In fact they would have a hard 
> time proving that I did it.

That seems to make sense: a database right is created, it may belong 
(partly or mostly) to OSMF. And it would be "not nice" if OSMF were to 
object to me using my own contribution. Given that scenario, they should 
have no problem if I grant other people to use my data. Therefore PD 
relicensing is viable, or has the same legitamacy as ODbL relicensing. 
Given that, is the pessimistic interpretation on the wiki appropriate? 
Although what it currently says is technically correct, it does not 
really reflect the actual situation; OSMF are a friendly body. (or at 
least neutral!)

TimSC