[OSM-legal-talk] Rights granted to OSMF (Section 2 of the CT)

Francis Davey fjmd1a at gmail.com
Sun Apr 17 14:07:20 BST 2011


On 17 April 2011 13:12, ce-test, qualified testing bv - Gert Gremmen
<g.gremmen at cetest.nl> wrote:
>>You do realize that you already have an agreement with the OSMF?
>
> Will you sent me a copy ?
> OSMF did not even exist when I signed up, so I doubt if there is
> another agreement then a single sided.
> And I still doubt that OSMF is representing the community
> in a way there statutes say.
>

A copyright (or other IP) licence doesn't have to be written down for
it to be legally effective. If you uploaded any data to OSM (before or
after OSMF came into existence) an objective observer would assume
that you intended it to be used as part of OSM and that you were
permitting its use even if you owned intellectual property rights in
the data you contributed. In other words, whether you realised it or
not, you did grant some kind of a licence.

What is more, every time you upload data the same is true: some kind
of licence will be implied even if you never signed anything.

What the status and extent of the licence was and is will not be an
entirely easy question to answer. The community has changed over time
and community norms or rules are likely to be relevant to the kind of
licence you gave at the beginning. Before OSMF existed you cannot have
been giving them a licence (obviously) but you must have been giving
some kind of permission.

Now a useful question is: what kind of permission are you happy to
give for the use of the data you upload? You must hope that someone
will be able to use it otherwise you wouldn't be contributing it.

Whether OSMF "represents" the community isn't really a legal question
I suspect so not relevant here.

-- 
Francis Davey



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