[OSM-talk] OSM layer into Adobe Illustrator?

[Frederik Ramm]

Hi,

 > One thing I've always wondered about Public Domain. If data is Public
 > Domain, is there a risk that a commercial organisation could "steal"
 > it, place restrictive licencing on it, claim copyright over it and
 > thus take it proprietary?

It depends on how you define "stealing".

The common definition of "stealing" involves taking away something from 
the rightful owner and by doing so making it impossible for him to use 
it. (I steal your bike.)

In this sense, a malicious organisation (which need not be commercial) 
or an individual could try to assert rights on something you have 
produced, claiming that you took it from them and disallowing you any 
further access. This risk exists, but it does not depend on the license 
the stuff was under. It can happen with GNU FDL or CC-BY-SA just as it 
can happen with PD, and it is immoral and most likely illegal.

Another definition of "stealing" involves someone enjoying digital goods 
without paying the expected license fees or asking for permission, but 
without actually taking something "away". (I steal Microsoft Windows, I 
steal a Beatles recording.)

If you follow this definition (like the music labels, film producers, 
and software companies do), then someone can "steal" something in the 
public domain, put his own label on it and sell it for huge sums and 
with a restrictive license, and it would all be legal. I think this is 
what people mean when they say Navteq could "steal" our data: They could 
use it to make money, without giving us any. However, they could enforce 
the license only on his version of things, while anybody could still 
access the public domain version without strings attached. GNU FDL or CC 
licenses try to stop this kind of "stealing" or at least make it 
unattractive.

In my eyes, trying to dictate to others what they may and may not do 
with our data is childish, and causes much more harm and hassle than 
positive effects. I am not here to get rich or famous. And I do not 
object to others getting rich and famous if they so desire. And if they 
use my work in getting rich and famous - good for them.

Ah, I remember I promised not to write about licensing any more...

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00.09' E008°23.33'