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

Mike Collinson mike at ayeltd.biz
Wed Jan 5 21:09:46 GMT 2011


I have provisionally added Francis' suggested wording but would like to run it by other License Working Group members. It may help NearMap and similar situations.

Here is the CT version that we are looking at formally releasing: 

https://docs.google.com/document/pub?id=1sC0SrG_R6OkRDdC3IJKlmDEn2pYTY2DZfcpSLFdiBBU

I am checking through it for any missed drafting snafus and would like to get in one further informal opinion, but hope to make a formal release very soon.

Mike

At 03:25 PM 5/01/2011, Francis Davey wrote:
>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
>
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