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

[Christoph Hormann]

On Thursday 03 October 2019, Kathleen Lu wrote:
>
> In my view, the bulk of case law supports the view of the persistence
> of the PD, regardless of medium. Most of the case law I am familiar
> with on this topic is regarding photographic reproductions, see
> https://www.jcms-journal.com/articles/10.5334/jcms.1021217/, but I
> see no reason to distinguish data, which has thinner copyright
> protection in general.
> [...]

I think you are mixing apples and peaches here - reproductions of
artwork in museums are a completely different topic.  What we are
talking about here is closely related to the specific characteristics
of a database and how it is assembled from individual contributions
(with the assembly and the adjustment to and synchronization with other
contributions being the most important part) which again make use of
and incorporate information from other data sources (like imagery or
external data sets) which are possibly subject to IP rights.

But i think this discussion in this venue should not go too much beyond
the scope of Severin's original question regarding the practical
relevance of the PD checkbox.  I think i made my point that
interpreting more into this than an answer to a simple survey is not a
good idea.  This view seems to be shared by a lot of other people.

> >
> > You misinterpreted my statement. When I said the PD statement could
> > "lower
>
> the possible damages that could be claimed", I did not say "by OSMF".
> I was referring to the possible damages that might be claimed by a
> data contributor that had inadvertently checked the PD box. Whether
> one has a belief as to the licensed or otherwise noninfringing status
> of a use has an impact on the damages that might be awarded, at least
> in some jurisdictions.

I see.  But i don't think that scenario has any significance here - as
said we are talking about OSM data users who obtained their data from
the OSMF.  Any ODbL violations of OSM data users based on the mistaken
impression that the data is actually usable under PD would be primarily
a matter of the OSMF to pursue and possibly to claim damages for.

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