Hi,
maybe I'm not reading too attentively, but what I understand is that the
contract is about licensing, while the copyright on what the contract
calls 'Your Contents' stays mine.
that is what I thought when I wrote:
if you say that "© OpenStreetMap" is the same as "© OpenStreetMap
contributors", I'm fine.
I have the impression you are confusing copyright ownership with
licensing and authorization to sub-licensing.
Legally, the copyright actually belongs to the Foundation (and
individual contributors retain their copyright, but grant usage and
distribution rights to the OSMF).
somehow I keep finding your parenthesized explanations confusing. if
you're right in your out-of-parentheses statement, I would probably
reconsider my position as contributor.
MF
On 17/04/2020 09:36, Martin Koppenhoefer wrote:
Am Fr., 17. Apr. 2020 um 15:37 Uhr schrieb Mario Frasca
<ma...@anche.no <mailto:ma...@anche.no>>:
but if you argue that OpenStreetMap is owned by
OpenStreetMapFoundation
and that "© OpenStreetMap" means "© OpenStreetMapFoundation", then
I'd
rather stick to the current situation, where it's very clear that the
copyright belongs to contributors, be it as individuals or as a
community.
I tried to look at the legal situation (morally, I agree that
OpenStreetMap is more about the community than
OpenStreetMapFoundation, indeed that's an unmentioned reason why I
suggested OpenStreetMap and not the foundation to be credited also in
an updated version.
Legally, the copyright actually belongs to the Foundation (and
individual contributors retain their copyright, but grant usage and
distribution rights to the OSMF). It is written in the contract you
have signed with the OSMF (contributor terms). If you download data
from OpenStreetMap, your licensor is the OSMF. You have authorized the
OSMF to distribute the content on their behalf, and to pursue
copyright infringements.
"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. 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."
There are also some conditions of course, "OSMF agrees that it may
only use or sub-license Your Contents as part of a database and only
under the terms of one or more of the following licences: ODbL 1.0 for
the database and DbCL 1.0 for the individual contents of the database;
CC-BY-SA 2.0; or such other free and open licence as may from time to
time be chosen by a vote of the OSMF membership and approved by at
least a 2/3 majority vote of active contributors."
And of course in 5 you have mutually agreed, that "except as set forth
herein, You reserve all right, title, and interest in and to Your
Contents."
https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms
The excerpts are copied from the current version 1.2.4.
There isn't much information (or I didn't find it) to which specific
version one has agreed, nor is the text of former versions publicly
visible, but AFAIK OSMF has internally a trace of who has agreed to
which version, and of course people will have their own copies on
their pc.
I don't recall agreeing to any updated versions of the Contributor
Terms after 2012, and I guess nobody has, you always agreed to the
current version when you signed up (or at the license change in 2012),
so your contract with the OSMF may be slightly different.
Cheers
Martin
_______________________________________________
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk
