[Osmf-talk] Draft Terms of use for the OSM website, API and other services

[Kathleen Lu]

Hi Christoph,
Let me give it a try.
The Contributor Terms emphasize that while the contributor believes they
have the right to contribute under the licence in the Contributor Terms
(section 1.a), they are not guaranteeing that they have the rights or that
what they contribute is 100% correct (section 6). (Limit on OSMF suing a
contributor for mistakenly submitting contributions that are subject to
someone else's copyright.)
The Terms of Use emphasize that *OSMF* will not be responsible for what
users (including contributors) do, whether that's IP, or local laws, or
getting lost using the map. (Limits on users and contributors suing OSMF)
The Terms of Use also cover other things that users or contributors might
do that is harmful outside of submitting contributions, such as DOS
attacks, mass deleting the wiki, stalking someone, etc. These issues aren't
covered by the Contributor Terms at all, and the Terms of Use emphasize
that users are responsible if they do any of these things.
So the two sets of Terms do emphasize different things, but they are
consistent.
Best,
Kathleen

On Wed, Sep 19, 2018 at 8:56 AM Christoph Hormann <chris_hormann at gmx.de>
wrote:

>
> Seeing this again on the board meeting agenda i wonder of someone could
> give me an explanation how these terms of use relate to the contributor
> terms:
>
> https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms
>
> Since you can only contribute data through the API and use of the API
> falls under the terms of use it is clearly meant that the terms of use
> apply to data contributors - though the contributor terms do not
> mention this.
>
> While i don't see any obvious conflicts between the contributor terms
> and the terms of use there seems to be a distinct difference in
> direction between both documents - the contributor terms emphasizes the
> lack of liability of contributors for their contributions while the
> terms of use emphasize the legal responsibility of the user for their
> actions.  If you read both documents together (which diligent new
> contributors of OSM probably do quite often) this is confusing and
> might be perceived as deluding.
>
> --
> Christoph Hormann
> http://www.imagico.de/
>
> _______________________________________________
> osmf-talk mailing list
> osmf-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/osmf-talk
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/osmf-talk/attachments/20180919/43a2cc0d/attachment.html>