Onderwerp: Re: [OSM-legal-talk] Rights granted to OSMF (Section 2 of the CT)
On 18/04/11 22:41, Simon Ward wrote: > > The only "restriction" I have seen is that some software developers > perceive reciprocal licences as a hindrance because the reciprocal > licenses prevent them from removing freedoms from the end user. Yes they never seem to work out that they are users as well. > The GPL doesn't explicitly mention "commercial" distribution (except > for when providing an offer of source code), but does say that > charging for the software is not excluded. I think that is far less ambiguous. The CTs are more similar to the FSD than the GPL. The FSD states: ""Free software" does not mean "noncommercial." A free program must be available for commercial use, commercial development, and commercial distribution. " http://www.gnu.org/philosophy/free-sw.html - Rob. CT 1.2.4 (http://www.osmfoundation.org/wiki/License/Contributor_Terms) <citatation> Rights Granted : Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to do any act that is restricted by copyright, database right or any related right over anything within the Contents, whether in the original medium or any other. These rights *explicitly* include commercial use, and do not exclude any field of endeavour. <citation off> But this phrase in article 2 is directed to OSMF (which we grant certain rights) as the previous phrase says so. And OSMF limits itself to non-commercial activities only. There is something wrong here... Especially as it states "explicitly". Commercial use is not just allowed, but explicitly allowed. Instead he original phrase sounds hostile to me... what about you ? Ths phrass could have been something like: You hereby grant OSM(F) a blablabla license to do any act to stimulate open and free application of OSM geodata , these acts being subject to approval of the OSMF members and 2/3rd of the active memberpool of OSM. The license could refer to a number of well established organisations in the open and free world for definitons and limitations, or list those in full. Regards, Gert. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
