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

[Christoph Hormann]

I get the different focus of the two documents. But there is still 
considerable overlap and interference between the topics dealt with by 
these.  There is for example a long list in the ToU "You may not use 
the Services to..." which covers a lot of things that potentially apply 
to contributors.  A potential contributor reading the CTs and the ToU 
will often ask himself:  Why if the OSMF wants me not to do these 
things as a contributor do they not either mention them in the 
contributor terms or at least link to the ToU for information on what 
you are not allowed to do while contributing?

You have to read both documents carefully as a contributor and then try 
to deduce what rules practically apply while contributing, extracting 
this info from in between other stuff that is not significant for 
contributors but only for data users.

This in particular applies to section 6 of the CTs:

"To the extent permitted by applicable law, You provide the Contents “as 
is” without warranty of any kind, either express or implied, including 
without limitation any warranties or conditions of merchantability, 
fitness for a particular purpose, or otherwise."

When i now for example want to add SEO advertisement stuff to the 
database i may provide this content as is - but since i provide it 
through a service the terms of which say - among other things that

"You may not use the Services to [...] Engage in any form of unsolicited 
advertising" 

i practically can not provide this content without breaking the ToU.  
Technically this is clear from the two documents but it is quite 
complicated to actually determine this.

From a perspective of the contributor it would be much easier if there 
were two separate but self contained documents:  One for the passive 
user and one for the contributor.  Even people who are in both roles 
would probably understand the rules better in such form.

-- 
Christoph Hormann
http://www.imagico.de/