On Mon, 2010-12-06 at 08:55 -0500, Serge Wroclawski wrote: > This should really be taking place on the legal list but nonetheless: > > On Mon, Dec 6, 2010 at 7:09 AM, Steve Bennett <stevag...@gmail.com> wrote: > > Hi, > > So, this is awkward. According to my profile, I've "agreed to the > > new Contributor Terms". I have no recollection of having done so, and > > obviously I don't want to agree to them while they're incompatible > > with Nearmap. > > If Nearmap is CC-BY-SA, they're compatible now.
What about at changeover though? Im pretty sure Steve asked this question in relation to data in the future, not the present. > You're not "operating in a totally difference licensing mode", the > work is licensed under CC-BY-SA until the switchover. What happens at switchover though? Does the work that he unwittingly contributed (but he now wishes to revoke, having become aware of his violation) get switched? If I was to put a tag into the database, which contained copyright information, and I wasnt aware it was copyrighted, should I not have the right to ask for the removal of that information? Does the OSMF need a DMCA statement from anyone who has accidently contributed invalid data, which they refuse to remove. I do agree that it would be good to have some indication on the main screen, as to whether you have accepted the licence or not. > The CT isn't a license, it's a terms of agreement. That means you've > given OSMF a license to the data, and now you're asking them to revoke > that license. ... because he has subsequently found out that he has no legal right to give that data to OSMF, and has infact commited an offence himself. The data that he contributed, that he's asking them to revoke, was invalid in the first place. It does raise one interesting question though (which I believe SHOULD be on legal-talk but Ill ask here since it fits with the rest of the thread). If a user becomes aware they have contributed data in this situation, and asks OSMF to remove the data or at least to not relicence the data, and OSMF doesnt remove or does relicence, does the fact the user asked for the data to be removed, remove any liability from the user for the violation? Does this put OSMF in a liable position, by refusing to remove data that it knows is in breach of copyright and its own terms? What would happen if a user was tracing from google instead of nearmap, and had accepted the CTs, would OSMF also refuse to change the flag, and simply relicence the google-traced data along with everything else? > This would be (moral if not legal) equivalent of someone offering up a > program under the GPL and then saying "Nope, I want it proprietary". Not quite, this would be like someone distributing a GPL program but inadvertantly including firmware, and then after realising the firmware was there, deciding the licence has to be changed, or even saying 'You can have this program under GPL, but not this part which is unfortunately copyrighted to someone else'. > My suggestion to you personally, if you don't like the project's > terms, then you should stop submitting data to it immediately. And the 'illegal' data that has already been contributed, what of it? > > From a pragmatic legal perspective, it seems to me that any > > nearmap-sourced edits that I made while under the effects of the CT > > are totally invalid anyway, so should be moved to a non-CT account. > > I don't know anything about Nearmap, buf the data in OSM as of today > is available under the CC-BY-SA license, and your usage is bound to > that. Thats all great for today, but the CTs arent about today, theyre about the future, when there isnt a CC-BY-SA license. > I'm not on the OSMF board, but if I were, I'd say that the dangers of > revoking a license are so high that I'd be extremely hesitant to do > so. I guess it depends if the 'danger' is equal to the danger of having a user inadvertantly contributing large chunks of data which is not legally licenced to be in OSM. _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
