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

[Kathleen Lu]

> Why would a mapper need to keep a separate record of their

> > contributions, if the changeset metadata already keeps a record of
> > which contributor made which edit?
>
> As i explained the OSMF only distributes OSM data under the ODbL.  All
> access to the central OSM database is subject to the ODbL.  If anyone
> wanted to use OSM data under different terms they'd have to either
>
> * ask the OSMF for an individual license other than the ODbL or
> * obtain the data in a way that does not involve the OSMF.
>
> I think there is a flaw in your reasoning. If a person does not take a
license from OSMF, then they are using the data without a license. That use
may or may not be infringing of third party rights (either copyright or
database), but it is not a legal requirement that a person must either
obtain a sublicense passed through OSMF or not involve OSMF at all (even
physically). For example, suppose that a user extracted only the data
associated with the TIGER import in the US from the OSM database and
discarded the rest. That data is public domain. It's inclusion in OSM did
not change the fact that no rightsholder has any rights to it. There is no
legal requirement that a user must go to the original TIGER source. The
user does not


> > In any event, why would there be any "damage for the OSMF" in any
> > circumstance, in the hypothetical case of a contributor who did not
> > intend PD or did not have authority to contributo PD vs a data user?
>
> I do not quite understand that question - could you rephrase?
>

You said that "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."
My questions are: Why would there be any damage for OSMF at all? Why would
OSMF be a party to the case?
I note that this may be related to what I see as a flaw in your reasoning
as I explained above. I do not believe it is necessary for a user to claim
a sublicense from OSMF in order to use data in OSM if the user is claiming
that data is public domain, or otherwise does not infringe copyright or
database rights.

>
> > Are you a lawyer or judge?
>
> I am not sure about the relevancy of that question.  A law degree
> certifies that you know the law and legal procedures, it does not say
> you are automatically right in an argument with someone without a law
> degree.
>

I was curious as to the legal basis of your conclusions and opinions,
including whether you know the law and legal procedures, and the degree to
which you have experience with the litigation of cases in this area of the
law. I find that relevant to my evaluation your views, though of course,
you do not have to answer.
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