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

[Kathleen Lu]

The suggestion to have the Contributor Terms link to the Terms of Use is a
good one. (Remember that this is awaiting a vote from the Board, so linking
and adding to the signup page would have to take place after approval.)

On Wed, Sep 19, 2018 at 12:38 PM, Christoph Hormann <chris_hormann at gmx.de>
wrote:

>
> 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/
>
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>
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