On 26/11/13 21:25, Jukka Rahkonen wrote:
Jonathan Harley <jon@...> writes:

On 23/11/13 10:45, Simone Cortesi wrote:
On Sat, Nov 23, 2013 at 10:20 AM, Paul Norman <penorman@...> wrote:

The mentions of the OpenStreetMap Foundation in the document are
confusing, as to my knowledge no one from the OSMF is involved in or a
party to this agreement, but I don't think that alone would prevent the
use of data.
I asked them to licence the data to OSMF, which is the copyright
holder of the eponymous project.

It doesn't make a difference to this, but actually, the OSMF is the
publisher of the database, not the copyright holder. Copyright of each
contributor's contributions remains with that contributor. This is why
the requested attribution is "© OpenStreetMap contributors" and not © OSMF.

You probably knew this, and this is just nit-picking, but this is the
legal-talk list so we ought to be accurate.
I feel that OSMF is more than just a publisher of the database because we
all have granted 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. These rights include, without limitation,
the right to sub-license the work through multiple tiers of sub-licensees
and to sue for any copyright violation directly connected with OSMF's rights
under these terms. To the extent allowable under applicable local laws and
copyright conventions, You also waive and/or agree not to assert against
OSMF or its licensees any moral rights that You may have in the Contents".
http://www.osmfoundation.org/wiki/License/Contributor_Terms



Well, you're right, OSMF is much more than just the publisher of the database. It's the promoter, curator, guardian, maintainer and champion too.

But the CTs only give the OSMF the right to sue for copyright violation where it is directly connected with OSMF's other rights under the terms. That's because the CTs don't assign the copyright itself. If we just assigned copyright in our contributions to the OSMF, then we wouldn't need to agree to anything else; OSMF would automatically have all the rights. (At least in some jurisdictions.)

J.

--
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

m...@spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK


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