[OSM-talk] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

Francis Davey fjmd1a at gmail.com
Thu Jun 16 07:48:14 BST 2011


2011/6/15 Ben Last <ben.last at nearmap.com>
>
> *
>
>
>
> All such additions or edits submitted to OSM prior to 17 June 2011 may be
> held and continue to be used by OSM under the terms in place between OSM and
> the individual which submitted the addition or edit at the relevant time.
>
>
> *
>

I absolutely do not want to be a fly in the ointment here, but what this
paragraph literally means is that OSM can do with those edits just those
things which it was permitted to do by the individual contributor (and
therefore under the terms to which that contributor agreed) prior to 17 June
2011. If that individual's agreement was restricted to a CC-BY-SA licence
then OSM is unlikely to be able to then use the nearmap contributions under
ODbL.

Maybe that is what is understood in this thread, or maybe the context
somehow says that this paragraph doesn't mean what it appears to mean, but I
thought it was worth saying.

That it was drafted, carefully, by a lawyer I do not doubt. But lawyers
draft things on instruction to achieve particular goals. My understanding
from Ben's comment is that one of the goals of nearmap is that derived works
are distributed only under CC-BY-SA. The second paragraph does that job well
as far as I can see and prevents OSM from relicensing nearmap data under
ODbL.

All this is, of course, on the assumption that any intellectual property
rights require licensing.

-- 
Francis Davey
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