[OSM-talk] Voluntary re-licensing begins

[Brian Quinion]

>> I really want to be able to click 'Agree' and 'make it PD' but section
>> 1 worries me as it states that I "agree to only add Contents for which
>> [I am] the copyright holder". This seems to preclude me being able to
>> add any data I've imported from an outside source (like tracing from
>> OS Street View) since, while the license is compatible (given OS
>> attribution), I am not the copyright holder. Am I just
>> misunderstanding the legal talk in the CTs or is this sort of
>> importing currently unacceptable under the CTs?
>
> Never mind. It appears that I somehow managed to miss the bit that
> said "If You are not the copyright holder of the Contents, You
> represent and warrant that You have explicit permission from the
> rights holder to submit the Contents and grant the license below."

Could you point to the document from OS that gives "explicit
permission"?  I would love to find such a document.

As far as I'm concerned at the moment:

I am not the copyright holder.
I do not have explicit permission (implicit permission is not the same)

So I can't sign up - and I don't think legally you were able to either :(

There is some possibility that traces are deriving data from OS
StreetView do not contain any copyrightable elements, again I'm
waiting for a written document confirming this from either OSMF (which
would accept any future liability if it turned out to be wrong) or
from the OS.

> No-one is going to violate any licenses (if that's what the supplies
> of the imported data are worried about) since legally we _can't_. That
> clause is simply there so that we have flexibility in the future to
> re-license without so much of a hoo-ha as this time :)

There is no restriction in the CT (that I can see) in terms of them
not being able to switch to a PD license.  And my reading is that as a
result of signing up to the terms you have effectually indemnified
OSMF against any consequences and agreed that you are liable if they
do.

I would be VERY happy to be wrong about any of this.
--
 Brian