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

Robert Kaiser kairo at kairo.at
Thu Aug 11 20:17:30 BST 2011


ce-test, qualified testing bv - Gert Gremmen schrieb:
> and then I come back to my (much earlier)
> statement that licenses are there to restrict free use of data, not to
> allow.

And then you are wrong again. Licenses can do both, restrict and allow, 
or only one of those. They clear up what you can do. Copyright law even 
applies without a license, but is usually quite open with respect to 
"fair use" and quite closed with respect to actually reusing content. 
Licenses can act on both sides, though they usually can not restrict 
"fair use" much, but they can open reusing significantly.

Quoting parts of a publication where it's clearly recognizable as a 
quoted excerpt (like in am email) is something that usually falls under 
"fair use". Using map data for your own purpose, mesh it up and publish 
a result usually isn't, so you need an explicit license to be able to do 
that. ODbL is such a license, CC-BY-SA could be, but in some 
jurisdictions seems to not be for this kind of largely factual data.

And in every group of people, you need some common rules to apply, and 
in every project to which you contribute substantial work you need those 
written down in some kind of official terms, esp. when the result of 
that work has value and can be used by others, like in our case. IMHO, 
it was a big mistake that OSM only had implicit contribution terms until 
recently, because that made everyone of us contribute under different 
expectations of what the common rules are. Most of us always agreed that 
our data is "the data of the OSM project" as soon as we contributed it, 
and that the project will always be able to use it. Some disagree 
apparently and make the life of the project much harder.

Robert Kaiser




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