[OSM-legal-talk] [DRAFT] Contributor Terms 1.2

[David Groom]

----- Original Message ----- 
From: "Frederik Ramm" <frederik at remote.org>
To: <legal-talk at openstreetmap.org>
Sent: Wednesday, November 17, 2010 11:18 AM
Subject: Re: [OSM-legal-talk] [DRAFT] Contributor Terms 1.2


>
> Hi,
>
> On 11/17/10 10:46, kevin at cordina.org.uk wrote:
>> Looking at this the eyes or a data-holder, say the OS, who is
>> considering  allowing data to be used this would be a big concern as
>> the term means they would lose control over how their data is
>> licensed.
>
> No, the data contributed to OSM can come under any terms as long as they 
> are compatible with the *current* license; the onus is on OSM to remove it 
> if a license change makes continued distribution impossible - quote from 
> draft:
>
> "(b) If we suspect that any contributed data is incompatible [(in the 
> sense that we could not continue to lawfully distribute it)] with 
> whichever licence or licences we are then using (see sections 3 and 4), 
> then we may [suspend access to or ] delete that data temporarily or 
> permanently."
>
> To me, this is the exact opposite of "losing control over how their data 
> is licensed".
>

Firstly may I congratulate the LWG for the effort they have put in to the 
revised CT's, which IMHO has resulted in a much better form of wording.

One problem I see is that is the current draft (quoted above)  says "we may 
delete that data temporarily or  permanently."

This implies that "we" might not delete the data.  Since there is no 
guarantee that "we" will try our best to delete the data, then legally I 
don't see the point in promising that something may or may not happen.

If there is no guarantee that data which has been contributed under one 
licence will not be removed if it is incompatible with any future licence 
chosen, then it will restrict what data can be added, and who will be able 
to agree to the CT's.

I would prefer to see CT's such as

"(b) If we suspect that any contributed data is incompatible [(in the sense 
that we could not continue to lawfully distribute it)] with whichever 
licence or licences we are then using (see sections 3 and 4), then we will 
delete that data temporarily or permanently.

2 Rights granted. Subject to Section 3 and 4 below, and 1(b) above...."


David

> Bye
> Frederik
>
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