At 09:35 AM 2/5/2008, Rob Myers wrote:
>Robert (Jamie) Munro wrote:
>
> > I'm still think that the foundation owns everyone's data already. When
> > you sign up, it says:
> > "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 licensed under this Creative Commons
> > license (by-sa)."
> >
> > I read that as anything I give to OSM, they will license back to me (and
> > everyone else) under CC-by-sa. It can't possibly mean that I am
> > licensing it to them under CC-by-sa, because they don't even remotely
> > comply with the 'by' part of that license.
>
>It is marginally possible to read the terms to mean that, but it is a
>less likely reading than the expected one, that you are licencing the
>data to OSM under BY-SA.
>
>It might be worth modifying the Ts&Cs to avoid any potential ambiguity.
>
>- Rob.

And also "OSM" and "OSMF" are two very different things.  OSM does 
not exist as a formal legal entity and openstreetmap.org is just a 
web site name, so I don't see how either can be a Licensor with a big 
L unless there is some appropriate common law in jurisdictions that 
support that form of law.  The OSM Foundation is a formal legal 
entity but has nothing to do with the current license, it does not 
assert rights and no one has assigned any rights to it.  In fact, as 
the license currently stands, 
http://wiki.openstreetmap.org/index.php/OpenStreetMap_License, there 
is no explicit definition of who the licensor is at all.  Certainly 
something that will addressed by any new license!

Mike
Stockholm



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