On Mon, Dec 1, 2014 at 1:51 PM, Simon Poole <si...@poole.ch> wrote:

> This is, IMHO, not a problem specific to the OGL.
>
> In general I have yet to see any licence or agreement to include data in
> OSM, that actually states that the licensor has all the necessary rights
> to licence the data on the terms presented and holds the licensee (us)
> harmless for any damages arising out of not having those rights.
>

That's pretty standard in open licenses of all flavors— e.g., in GPL a
third party might have patents; in CC someone might have personality
rights. (And realistically it is common in traditional/proprietary licenses
as well, but in those cases, you may be able to negotiate better terms
depending on the situation.) OSMF could, of course, negotiate further
assurances outside of OGL with specific data providers if there was a
particular concern.

Luis

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Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

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