[Osmf-talk] Blanket copyright licence in Contributor Terms

[Kai Krueger]

On 15/12/2009 02:29, Gervase Markham wrote:
> On 13/12/09 17:31, Matt Amos wrote:
>> Gervase Markham wrote:
>>> On 13/12/09 06:28, Matt Amos wrote:
>>>> yes, the contributor terms means that OSM wouldn't be able to accept
>>>> such an ODbL contribution. imagining that we were accepting
>>>> contributions under the ODbL, then it would be another point of
>>>> difficulty that the Contents licenses would have to be compatible.
>>> Has the OSMF produced guidance on what sorts of Contents licences it
>>> will accept?
>>
>> sorry, i wasn't suggesting that was currently possible - i was just
>> imagining if contributions under ODbL were possible as a thought experiment.
>
> Again, this confuses me. Are you saying that the LWG has not thought
> about how to deal with incoming ODbLed contributions at any level other
> than as a thought experiment?
>
> Say I have some data in a database under the ODbL. My Content Licence
> for the individual data items says you have to pay me £0.01 for each
> item you render on a map. I would like to contribute it to OSM. Is the
> OSMF's position:

In that case, you wouldn't be able to sign the contributor terms and 
therefore not add your contents to OSM, as the contributor terms state 
in section 2:  "You hereby grant to OSMF and any party that receives 
Your Contents a worldwide, royalty-free, non-exclusive, perpetual, 
irrevocable license to do any act that is restricted by copyright over 
anything within the Contents, whether in the original medium or any other."

You can either grant those rights directly if you are the copyright 
holder, or I suspect you can "grant" those rights if you have received 
the data under a license which grants you all the necessary rights and 
thus you just pass them on.

In your example, you don't have the necessary rights (royalty-free) and 
thus can't add that data to OSM.

Downstream users would presumably still be able to merge the two 
databases if the other database is ODbL too and the content license is 
compatible with ODbL, but would then have to abide to the license of 
paying someone $0.01. If you just use the OSM database there won't ever 
be a cost involved.

Kai



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