I think we're running into the "programmers confuse legal agreements with code" problem. If the OSMF went into a court of law and tried to claim that, because your computer connected once upon a time to OSM, that everything your computer ever did thereafter had to be copyrighted CC-By-SA, the judge would laugh the OSMF out of court, IF he didn't fine the OSMF for contempt of court. In order for a contract to be enforceable it must be a reasonable contract.
On Jun 1, 2009, at 4:02 PM, Francis Davey wrote: > 2009/6/1 Russ Nelson <r...@cloudmade.com>: >> Note the "(non-exclusively)". That says that any data you give to >> OpenStreetMap.org must be licensed under the CC-By-SA. You're free >> to >> license any of it to the rest of the world under any license you >> want. > > Either I'm misunderstanding you, or you have the original concern > wrong. > > The agreement is: > > "By creating an account, you agree that all work uploaded to > openstreetmap.org and all data created by use of any tools which > connect to openstreetmap.org is to be (non-exclusively) licensed under > this Creative Commons license (by-sa). " > > Which means that you must license "all data created" using CC-BY-SA. > There is no limitation on this, eg that the licence refers only to a > specific licence for OSM's use. The clear meaning is that while you > may licence the data any way you like, you must also licence it > CC-BY-SA. In practice this means that you cannot licence it more > restrictively than CC-BY-SA to the rest of the world. > > Your reading of the phrase "any data you give to" into the agreement > is (alas) unwarranted. > > The problem here is the word "connect to" which surely is not meant to > have the breadth of meaning that a literal reading would give it. > > -- > Francis Davey > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk -- Russ Nelson - http://community.cloudmade.com/blog - http://wiki.openstreetmap.org/wiki/User:RussNelson r...@cloudmade.com - Twitter: Russ_OSM - http://openstreetmap.org/user/RussNelson _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
