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

[Christoph Hormann]

I was originally going to stay out of this topic but since even after
Paul linked to the clarifying statement about the PD checkbox people
(including a LWG member) float the idea that this has practical meaning
for data users at the moment i feel the need to rectify that.  So a few
points:

* The OSMF (AFAIK) currently does not distribute OSM data under licenses
other than the ODbL.  So the idea that any data user could in an area
with exclusively contributions from mappers with the PD checkbox
checked use the data without following the ODbL is wishful thinking on
side of data users.  In a court case this would be a preposterous
approach IMO.  They would be asked where they got the data from and
that would obviously be the OSMF (directly or indirectly) and that
would be the end of the argument.

* As i see it the statement made by contributors registering with the PD
checkbox is neither a modification of the contributor terms nor a
statement towards anyone other than the OSMF.  In particular it is not
a statement of assurance that the mapper in question does not make any
use of data sources that are not PD as long as they are compatible with
the ODbL and permitted to be used for OSM under the current conditions
(which is what the mapper ensures under the CTs section 1a).

* Even the statement that only lower damages could be claimed in a court
case in case it involves data contributed by mappers with the PD
checkbox checked seems doubtful.  If i work as a mapper for a
proprietary data company and sign a statement that i regard my
contributions to them to be under PD that does not in any way affect
the value of the data they might distribute to customers or the damages
they might claim in case of illegal use.  So unless a mapper has kept a
separate record of their contributions before uploading to the OSMF
servers and licensed that to the data user or when we are talking about
a PD data import i see no basis for the claim for there to be less
damage for the OSMF in a court case about use in violation of the ODbL.

Long story short:  The PD checkbox is nothing more than a survey of all
newly registered contributors on how they view their future
contributions at the time they register.  That is a valuable thing to
do (and it might be woth maybe even thinking about a few other survey
questions to ask).  But it is nothing more.

Note also that any claims for the possibility of using OSM data outside
the limitations of the ODbL (or any future different license adopted
using the process defined in the CTs) are also quite dangerous for any
negotiations with data providers (like aerial imagery etc.) about
permissions to use their data as a source for OSM.  If a data provider
might need to fear that permission for using their data in OSM might
lead to a mapper with the PD checkbox checked to use that data and then
a data user using the resulting data from within OSM under the
assumption that it is PD that endangers our chances to be able to use
such data sources.

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