[Talk-us] Public Domain Non-GPS Data Question
russ at cloudmade.com
Thu Feb 26 22:29:21 GMT 2009
Please read the NASA Open Source License. In it you will very clearly
find the position that FedGov-produced works are not copyrightable FOR
US CITIZENS. That license is written as FedGov works ARE copyrighted
for everyone else. So yeah, there's a line, and no, we can't avoid
the line, and yes, OSM should have a pro-bono lawyer who can give us
opinions about what is a reasonable risk and what is not a reasonable
Asking for zero risk is not reasonable. If you want zero risk, don't
get out of bed. Wait, you could still be killed in your sleep by a
falling airplane like the guy in Buffalo.
There is no way to stay away from the line.
On Feb 26, 2009, at 4:09 PM, Christopher Schmidt wrote:
> On Thu, Feb 26, 2009 at 03:29:20PM -0500, Russ Nelson wrote:
>> On Feb 26, 2009, at 2:49 PM, Christopher Schmidt wrote:
>>> Because the legal jurisdiction in which OSM is based is *not* the
>> This is an important topic. We should consult OpenStreetMap's
>> lawyer. With no knowledge of which legal system applies, we can't do
>> anything sensible.
> Huh? The doctrine to follow is simple: if there is any chance someone
> could claim the data is not "more free" than CC-By, then don't upload
> it. If you're not sure, don't upload it. If you think you're sure, but
> not 100% sure, don't upload it.
> The OSM policy has always been "If you're asking where the line is,
> you're way too close to it." I see no reason not to keep behaving that
> way. Consulting a lawyer won't get you anything different anyway;
> with so little case law, the answers are always "Maybe".
> Christopher Schmidt
Russ Nelson - http://community.cloudmade.com/blog - http://wiki.openstreetmap.org/wiki/User:RussNelson
russ at cloudmade.com - http://openstreetmap.org/user/RussNelson
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