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

ce-test, qualified testing bv - Gert Gremmen g.gremmen at cetest.nl
Tue Apr 19 11:18:52 BST 2011


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

On 18/04/11 22:41, Simon Ward wrote:
> 
> The only "restriction" I have seen is that some software developers 
> perceive reciprocal licences as a hindrance because the reciprocal 
> licenses prevent them from removing freedoms from the end user.

Yes they never seem to work out that they are users as well.

> The GPL doesn't explicitly mention "commercial" distribution (except 
> for when providing an offer of source code), but does say that 
> charging for the software is not excluded.  I think that is far less
ambiguous.

The CTs are more similar to the FSD than the GPL. The FSD states:

""Free software" does not mean "noncommercial." A free program must be
available for commercial use, commercial development, and commercial
distribution. "

http://www.gnu.org/philosophy/free-sw.html

- Rob.


 
CT 1.2.4  (http://www.osmfoundation.org/wiki/License/Contributor_Terms)

<citatation>
Rights Granted :
Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide,
royalty-free, non-exclusive, perpetual, irrevocable licence to do any
act that is restricted by copyright, database right or any related right
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.
<citation off>

But this phrase in article 2 is directed to OSMF (which we grant certain
rights) as the previous phrase says so. And
OSMF limits itself to non-commercial activities only. There is something
wrong here...
Especially as it states "explicitly". Commercial use is not just
allowed, but explicitly allowed.

Instead he original phrase sounds hostile to me... what about you ?

Ths phrass could have been something like:

You hereby grant OSM(F) a blablabla license to do any act to stimulate
open and free application of OSM geodata , these acts being subject to
approval of the OSMF members and 2/3rd of the active memberpool of OSM.


The license could  refer to a number of well established organisations
in the open and free world for definitons and limitations, or list those
in full.


Regards,

Gert. 





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