[OSM-talk] deleted copyrighted material technically still in the database?

[Donald Allwright]

>From: maning sambale <emmanuel.sambale at gmail.com>
>To: osm-talk <talk at openstreetmap.org>
>Sent: Wednesday, 23 September, 2009 13:44:52
>Subject: [OSM-talk] deleted copyrighted material technically still in the database?

>Whenever we see copyrighted material in OSM, we try to remove it
>immediately.  But technically, it still in the database including
>history and changeset.
>Am I right in my assumptions?

<grumble><pedantic mode>
No-one should be removing copyrighted material from the database as a matter of course. We should only be removing copyrighted material if there is no clear evidence that the copyright holder has given permission for it to be used in this way. Some would argue that we should only remove it if there is clear evidence that the copyright holder *hasn't* given permission for it to be used in this way, although the OSM way is to be ultra-cautious where there is uncertainty.
</pedantic mode></grumble>

Technically, it is still in the database, and a technically astute person could recover it. However it is not in the current version of the data that are provided using the default mechanisms, so it *could* be argued that OSM is not actively distributing it. It's similar to when people add code to a public repository then remove it again, it's usually still "there" somewhere. I am unaware of any legal cases in the UK (where OSM is based) that hinge around this residual availability, but then again I am not a lawyer and would certainly be interested to hear of any.

Regards,
Donald



      
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