[OSM-legal-talk] data derived from UK Ordnace Survey

[David Groom]

----- Original Message ----- 
From: "Richard Fairhurst" <richard at systemed.net>
To: <legal-talk at openstreetmap.org>
Sent: Thursday, June 16, 2011 9:58 AM
Subject: Re: [OSM-legal-talk] data derived from UK Ordnace Survey


>
> (continuing from previous message, d'oh)
>
>> In the event of a future relicensing, LWG and the community
>> would need to check existing data and delete it if so.
>
> See also CT 1.2.x 1b which explicitly envisages this possibility:
>
> "if we suspect that any contributed data is incompatible, (in the sense 
> that
> we could not continue to lawfully distribute it), with whichever licence 
> or
> licences we are then using (see sections 3 and 4), then we may delete that
> data"
>

As I've pointed out before, the word "may" leaves open the possibility that 
OSM might delete the data, and the possibility that they might not delete 
the data. "may" is not the same as "will".

However your argument above completely fails to refer to Clause 2 of the 
CT's

"Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide, 
royalty-free, non-exclusive, perpetual, irrevocable licence to do any act 
that is restricted by copyright........"

And that is why I, and I others, can not reconcile the OS Opendata licence 
as being compatible with the CT's.

If Clause 1b said "Please note that OSMF does not have to include ...... 
then we will delete that data", and Clause " said "Subject to Section 1 
above, and Section 3 and 4 below," then it might be possible to argue that 
data issued under the OS Opendata licence is compatible with the CT's.

In particular could you explain how the requirements at the top of  the OS 
OpenData licence [1]  "The same attribution statements must be contained in 
any-sublicenses of the  information that you grant, together with a 
requirement that any future sub-licences do the same", is fulfilled by the 
CT's


David


[1] 
http://www.ordnancesurvey.co.uk/oswebsite/opendata/docs/os-opendata-licence.pdf
> cheers
> Richard
>
>