- Original Message -
From: "80n" <80n...@gmail.com>
To: "Licensing and other legal discussions."
Sent: Tuesday, July 20, 2010 6:43 PM
Subject: Re: [OSM-legal-talk] Query over contributor terms
On Tue, Jul 20, 2010 at 5:26 PM, David Groom
wrote:
Apologies if this has been brought up before.
The last line of para 1 of the contributors terms states "You have
explicit permission from the rights holder to submit the Contents."
Given the scope of the contributor terms I think this really does need to
say "explict" here. You are giving OSMF permission to potentially change
the license of any data you submit to any other free and open source
license. Unless the original rights holder has placed the material in the
public domain (or CC0 or whatever) then you probably wouldn't have the
rights to agree to the contributor terms.
It's certainly my understanding that CC-BY does not convey the rights to
re-publish under any old free and open source license. However I believe
LWG are currently seeking legal guidance on this point.
But my point remains, let say that the LWG do obtain legal guidance that
CC-BY does convey the rights to re-publish "under any old free and open
source licence".
My point is the contributor terms require me to get "explicit permission",
so even if the LWG says its Ok, I still have to go back to the original
rights holder to get that permission.
David
The use of the word "explicit" worries me.
To me that would indicate that the rights holder would have to sate
something along the lines of "I give David Groom permission to
incorporate
my data into OpenSteetMap" , though possibly a more vague permission such
as
"I give anyone permission to incorporate my data into OpenSteetMap",
might
be OK, thought arguably this is not "explicit permission".
Lets say I got hold of some CC-BY data, I could not incorporate that into
OSM, unless I approached the author and got specific explicit permission
to
do so, since the permission given by CC-BY is "implicit" and not
"explicit"
.
What worries me is the amount of data sources where permission is
implicit,
but not explicit
David
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