[OSM-legal-talk] Can someone summarise arguments for/against clause 2 of CTs?

[Anthony]

On Thu, Sep 23, 2010 at 10:06 AM, Steve Bennett <stevagewp at gmail.com> wrote:
> On Thu, Sep 23, 2010 at 11:56 PM, Anthony <osm at inbox.org> wrote:
>> I guess clause 2 is redundant.  It would be sufficient to simply say
>> "contributors agree to license their contributions under the DbCL".
>
> Except that Clause 3 contains " or another free and open license."

How is that relevant?

I think you missed the point.  DbCL says this:

"The Licensor grants to You a worldwide, royalty-free, non-exclusive,
perpetual, irrevocable copyright license to do any act that is
restricted by copyright over anything within the Contents, whether in
the original medium or any other. These rights explicitly include
commercial use, and do not exclude any field of endeavour. These
rights include, without limitation, the right to sublicense the work."

Clause 2 says: "Subject to Section 3 below, You hereby grant to OSMF a
worldwide, royalty-free, non-exclusive, perpetual, irrevocable license
to do any act that is restricted by copyright over anything within the
Contents, whether in the original medium or any other. These rights
explicitly include commercial use, and do not exclude any field of
endeavour. These rights include, without limitation, the right to
sublicense the work through multiple tiers of sublicensees. To the
extent allowable under applicable local laws and copyright
conventions, You also waive and/or agree not to assert against OSMF or
its licensees any moral rights that You may have in the Contents."

---

Taking it piece by piece: "Subject to Section 3 below" - so Clause 2
only grants a subset of DbCL; "irrevocable copyright license" ->
"irrevocable license" - probably not significant since copyright is
mentioned 9 words later; "through multiple tiers of sublicensees." -
provides a minor bit of clarification, but legally redundant; "To the
extent allowable under applicable local laws and copyright
conventions, You also waive and/or agree not to assert against OSMF or
its licensees any moral rights that You may have in the Contents."
OK, maybe that has some non-redundant effect in some jurisdictions.