[OSM-legal-talk] I want my access back

[ce-test, qualified testing bv - Gert Gremmen]

Simon, Robert,

That (see below) cannot be completely true then, as if it were, we could
copy
from Google as we like, as long as we do attribute.

I see no difference in re-publishing text, as in our email lists
and the database, properly citing Google as source.

You will probably say then that Google's license prohibits that use
-even when attributing- and then I come back to my (much earlier) 
statement that licenses are there to restrict free use of data, not to
allow.

At the time the whole community jumped on my back ! (is that correct ?)
stating that license are to allow proper use, not to prevent use.

Anyway, if default IP right allows for citing when attributing, why
do our users need to agree to a ODBL license ?

Is there anything more that we like them to comply with ?


>> There must be a limit to what can be considered a breach of
intellectual
>> property !

>True, and that's what CTs and a license are for!
That is not enough for an answer !



Gert



-----Oorspronkelijk bericht-----
Van: Robert Kaiser [mailto:kairo at kairo.at] 
Verzonden: Thursday, August 11, 2011 4:28 PM
Aan: legal-talk at openstreetmap.org
Onderwerp: Re: [OSM-legal-talk] I want my access back

ce-test, qualified testing bv - Gert Gremmen schrieb:
> So by citing my e-mail without a license, you
> made an infraction to my copyright,as you are actually
> republishing copyrighted work

No, only if it wasn't properly cited, as (AFAIK) most IP laws require 
you to point out who is the author unless the author states otherwise. 
There is no infringement if you state who owns the copyright over what 
you republish - the actual reason for creating copyright in the first 
place was to make sure proper attribution is given.

> May be we should consider your email (and this one too), as a derived
> work ?

That it would be, AFAIK, yes.

> There must be a limit to what can be considered a breach of
intellectual
> property !

True, and that's what CTs and a license are for!

BTW, if you would want to change OSM to be PD, you probably would need 
to wipe the map clean and restart from scratch, as most contributors 
want an attribution to the project at least - and that's what's not 
guaranteed with current CC-BY-SA due to not applying for databases 
appropriately in some jurisdictions.

Robert Kaiser


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