>>Given that you can't (legitimately) sign up to the CT if you have used >>data which you are not the copyright owner how will we deal with the >>situation where someone who HAS imported external data signs up to the >>Contributor Terms? >> >>In some ways it is their own problem, they have warranted that they >>are the legal owner and accepted responsibility for any resulting >>copyright infringement but this seems a trifle unfair since they may >>not have understood the implications and it also still leaves OSMF to >>resolve the future copyright disputes. > > I believe we are well covered here with the current activities of the Data > Working Group and our completed registration under the US Digital Millennium > Copyright Act [1] . As I think you imply, it is best to at least start by > assuming that the Contributor has acted in good faith and simply work with > them to sort things out. Our understanding from legal counsel is that if > there is indeed a copyright infringement, we need to 1) have a mechanism in > place whereby the copyright owner can contact us (done), have a process to > remove data if so required (done), and be seen to do what we say (done - a > Lithuanian case acts a reference).
I wasn't aware OSMF was registered under the Digital Millennium Copyright Act. Make sense. I agree that OSMF is well covered from the consequences for any infringing data which might be uploaded, both in terms of the above and because of the phrasing in the CT 'You represent and warrant' (my understanding is that this accepts fully responsibility by 'You' for any infringement). And I can see how we would deal with the situation were the copyright hold issues a complaint. My remaining concern is with how we deal with a situation were someone has uploaded data which is license compatible (currently) but not compatible with the CT. To give a concrete example: - An existing (pre-CT) user traces data from OS Open Data - They then agree to CT - Another user notices their incompatible edits or they notice the problem themselves At this point we can: 1) Ignore the situation and wait for the copyright holder to contact us 2) De-register the user from CT 3) Remove any incompatible edits In many ways the situation is exactly the same as currently (with the exception of option 2) for copyrighted works and our answer has to date always been to remove the edits. My concern is to get a confirmation that we are intending to do 3 and to raise awareness that there could be a significant number of edits that will need to be reverted during the voluntary sign-up period. Are we in a position to handle this? -- Brian _______________________________________________ legal-talk mailing list legal-t...@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
