[OSM-legal-talk] Phase 4 and what it means

[Frederik Ramm]

Hi,

Maarten Deen wrote:
> OSMF gains the right do do anything with the data as long as it does not 
> breach copyright etc. Certainly there is a gain there. It gains the 
> right to exploit the data.

But can OSMF exploit the data more than anybody else?

The contributor terms say "Subject to Section 3 and 4 below, You hereby 
grant to OSMF a worldwide, royalty-free, blah blah blah". And section 3 
says "OSMF agrees that it may only use or sub-license Your Contents as 
part of a database and only under the terms of one or more of the 
following licences: ..."

In my eyes this means that OSMF can basically only do what everyone else 
can do too.

The one exception might be that OSMF choses the license under which data 
is published (from the list under "one of the following..."), so 
everyone else can *only* use the data under that license; whereas OSMF 
could always use the data under *any* of the named licenses.

But I consider this a really minor and un-important difference, and if 
that difference is a genuine concern of yours (and by extension, Mike 
Dupont's) then I think that could be remedied without causing too much harm.

Oh, and the other exception might be that OSMF can sue others for abuse 
on your behalf. But again - is that a problem? Would you rather have the 
sentence about suing for copyright violation removed from the CT, would 
that be better?

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"