[Osmf-talk] Can we untick the Public domain checkbox from our initial choice done during OSM sign up?

[Kathleen Lu]

I agree with Arlo. While the meaning of the checkbox is not 100% clear, I
disagree that it "has no legal significance." While OSMF would not be in a
position to conclusively declare such contributions as public domain, as
OSMF cannot be certain to the extent of financially betting on the
conclusion, that is not the same thing as it being meaningless. At the very
least, someone who forked OSM and used only the edits that are PD would
have a reason to believe such use was noninfringing. Even if that belief
turned out to be incorrect for some number of contributors or
contributions, it would lower the possible damages that could be claimed.

Severin, I suggest if you are concerned that you simply make a new account
and not check the box.


On Tue, Oct 1, 2019 at 4:43 PM Arlo Barnes <arlo.barnes at gmail.com> wrote:

> I have the box checked, and while I understand that my edits bundled with
> everyone else's are licensed under the ODbL (not a dual-licensing
> arrangement), I expected then and still expect that if someone wanted to
> reuse data originating solely from my edits (or a combination of solely my
> edits and edits of others who had that box checked at the time they made
> the edit), they could opt to do so with absolutely as few restrictions as
> disclaimable by me.
> To my eye, the difference between that expectation and 'legal
> significance' is unclear, and would come down to the opinion of a judge (as
> much copyright law ultimately does).
> After all, what elements of a contract (and I think a license or
> disclaiming of rights are merely contracts with a general public) are not
> present in such a communication?
> I wouldn't be upset if the Foundation wanted to simplify the situation by
> removing the box, but I don't think assertions who foundations are at best
> not obvious can act as justification for such action; only community
> consensus that this would be a good move can.
> -Arlo
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