[OSM-legal-talk] CTs and the 1 April deadline

[Francis Davey]

To answer Robert's question. In my view clause 2 needs - and I hope
that it will include in its final version - a limitation that you only
grant a licence in respect of any rights that you have.

The aim (I believe) is this:

* the contributor licenses very broadly OSMF to permit them to use any
rights (in copyright or database right) that the contributor has in
the data contributed

* whether or not the contributor has any intellectual property rights
in the data contributed, they are asked not to contribute data if that
contribution would infringe someone else's IP rights, but they are
expressly told they don't have to guarantee that is the case (because
the contributor won't in general be a lawyer)

* OSMF promises to use data in a restricted set of ways (as set out in
clause 3 and 4).

In order for this to work as planned, clause 2 needs some words of
limitation eg "and to the extent that you are able to do so".

I realise I owe a response to a much earlier question about whether
and to what extent contributing data that is later used in breach of
an IP right might impact on the contributor (short answer: I doubt
there's any risk). I'm just rather busy right now. Sorry.

-- 
Francis Davey