[OSM-legal-talk] Nearmap vs CTs: any progress?

[Anthony]

On Sun, Nov 14, 2010 at 11:54 PM, Ben Last <ben.last at nearmap.com> wrote:
> The section on the very wide range of paragraph 2, however, doesn't change
> the situation.  Please note that we're not trying to make a philosophical
> objection here; it's just a fact that if you have a CC-BY-SA (or even ODbL)
> licence to some data, whether from nearmap.com or anywhere else, you cannot
> grant a wider licence to that data to the OSMF, as required by paragraph 2.
>  A CC-BY-SA or ODbL licence doesn't grant you the rights that you would need
> to do so.  As others have observed, this isn't specifically a nearmap.com
> issue, it's an issue for any dataset has been or would be incorporated into
> OSM under a licence, unless that licence does grant the necessary rights.
>
> So as matters currently stand, the nearmap.com community licence doesn't
> grant the necessary rights that would allow an OSM mapper to accept the
> Contributor Terms for existing or future data derived from our PhotoMaps.

Is that the only way to read the terms?  Paragraph 2 merely say that
"you", the person uploading the data, grant a license to OSMF.
Paragraph 2 does not warrant that *no one else* (e.g. Nearmap) might
*also* have rights which still need to be respected.

As an example, a cover band might perform a U2 song and grant you a
worldwide, royalty-free, non-exclusive, perpetual, irrevocable license
to do any act that is restricted by copyright over anything within
their performance.  That doesn't mean you could put the performance in
a commercial without first getting permission from U2.  There are
multiple rights in the performance, and you would need permission from
multiple parties to put that performance in a commercial.

If, for some reason, the terms are merely unclear about this, is there
any way that could be made explicit?