[Openstreetmap] OSM cannot 'own' the data (was: The bigger picture)

[Immanuel Scholz]

Hi,

just a note:


> In my opinion OSM *should* own the data, it makes distribution and
> attribution in particular a lot clearer.

This is not possible in countries like Germany.


Unlike in USA, you cannot give up your status as copyright owner (as
people who may give licenses). So at least for german contributors, OSM
can never take away the possibility of this contributor that he may
license its data (if it is not derrived work etc.) under something
different.

This may be true for other countries too.

Please, do not try to make up a license where something like "transfer of
copyright" or "loose ownership" is stated, since this license will not be
legal in germany.


Example:
If you are german and work for a company under german rights, you usually
license an exclusive right to use, sublicense etc. everything you do
during company-time to your boss.

But this does not mean that you loose ownership. As example you could
relicense all stuff you made (even during work time) under some other
license, say GPL. Your boss will surely get upset, may fire you, may drag
you to a court, may sue you for compensation of all his looses because
this until the universum dies etc.. but the stuff will still be licensed
properly under GPL!

If the same employee did this in USA, the license is null and void, since
he loose the status as a copyright owner to his company.


Ciao, Imi.

PS: For interested people, Google after the Hamburger Landgericht
decission about the GPL license. ;-)