Hi, On 21.10.2012 11:28, Martin Koppenhoefer wrote:
Is it possible to download this data from OSM servers (or mirrors/extracts/elaborations from this) under a cc-by-sa or ODbL license and still consider it PD due to the dual licensing, the user has expressed he wishes his data to be under?
A very short answer since elaborations on details can indeed be found in the archives, as Jukka wrote.
1. The legal effect of the "PD declaration" is unclear due to several reasons, one of them being that some users probably didn't really know what the checkbox meant, another being that there's no PD in some countries.
2. Even if we assume that the legal effect was binding, OSMF can choose to exercise database rights (which apply to the collection of things, even if the individual things are free) and assert that the whole collection and any substial extract is under ODbL and ODbL only. I would assume that since OSMF have not made a statement to the contrary, this is the status quo.
3. This leads to the interesting side effect that someone downloading his own data from OSM would be bound by ODbL for his own data as well. I find that a little strange and I guess there will be some loophole to make it not so ;)
Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
