[OSM-talk] Takedown notices

Lester Caine lester at lsces.co.uk
Mon Feb 4 09:21:57 GMT 2013


OK - there is an 'official procedure' for dealing with copyright infringement 
documented on http://www.osmfoundation.org/wiki/License/Takedown_procedure 
through which even 'Cease and Desist' should be handled? It is normal practice 
nowadays to follow the 'Digital Millennium Copyright Act' rules for all 
copyright and trademark disputes relating to the internet.

What seems to be missing however is a documented procedure for handling those 
requests?

With regards the recent C&D notice, a statement has been made that 'we may not 
be able to publish the content of the document', but if the procedure simply 
said that these documents will be published as part of the process - as they 
should be - then there is not a problem. While not directly applicable, the 
Freedom of information act in the UK may well come into play if local 
authorities start using the data more formally. This is my own area of interest, 
and I am providing systems to locations that are covered by the act. The OSMF 
needs to have clear internal policies in place to cover that situation.

What I would suggest is required is a section of the 
http://www.osmfoundation.org website that provides access to all of this 
information. Since the OSM project is open, it would make sense that in addition 
to publishing the material, the 'wiki' process was used to allow comments to be 
added to a request, but that would be determined by the documented procedure.

United Kingdom law takes precedent over anything that the OSMF does ;)

-- 
Lester Caine - G8HFL
-----------------------------
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