Re: [OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-13 Thread Steve Bennett
On Mon, Dec 13, 2010 at 6:56 PM, Gregory Arenius greg...@arenius.com wrote:

 I read this as saying that the terms of use, which are there as a hold
 harmless waiver, don't grant any rights.  It specifically states that if the
 city is claiming copyright on the data it will do so in the file or on the
 website that the file is accessed from.  The file in question has no such
 claims.

Ok, well argued.

 My understanding is that I am legally entitled to grant that license because
 the city isn't claiming copyright on the data.  Its public domain and as
 such can be added.  I think the current draft of the CTs was changed to
 accommodate such things.

One thing I'm curious about is the terms about indemnifying the City
of SF against possible harm resulting from using the data. Let's say
hypothetically that some third party uses the data that you
incorporated into OSM, crashed their car due to bad data, and
hypothetically they could sue someone over it. Now the OSM license
disclaims liability (on the part of OSMF?) but does that other
idemnification apply? (Actually I'm not sure what I'm asking actually
makes sense.)

Steve

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Re: [OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-13 Thread Gregory Arenius
On Mon, Dec 13, 2010 at 12:08 AM, Steve Bennett stevag...@gmail.com wrote:

 On Mon, Dec 13, 2010 at 6:56 PM, Gregory Arenius greg...@arenius.com
 wrote:

  I read this as saying that the terms of use, which are there as a hold
  harmless waiver, don't grant any rights.  It specifically states that if
 the
  city is claiming copyright on the data it will do so in the file or on
 the
  website that the file is accessed from.  The file in question has no such
  claims.

 Ok, well argued.

  My understanding is that I am legally entitled to grant that license
 because
  the city isn't claiming copyright on the data.  Its public domain and as
  such can be added.  I think the current draft of the CTs was changed to
  accommodate such things.

 One thing I'm curious about is the terms about indemnifying the City
 of SF against possible harm resulting from using the data. Let's say
 hypothetically that some third party uses the data that you
 incorporated into OSM, crashed their car due to bad data, and
 hypothetically they could sue someone over it. Now the OSM license
 disclaims liability (on the part of OSMF?) but does that other
 idemnification apply? (Actually I'm not sure what I'm asking actually
 makes sense.)

 I understand your question and it does make sense.   I'd think if they used
our data under a license that disclaims liability that that would be the end
of it but.

Cheers,
Gregory Arenius
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Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-13 Thread Anthony
On Mon, Dec 13, 2010 at 9:44 AM, Robert Kaiser ka...@kairo.at wrote:
 Anthony schrieb:
 It's not clear what the denominator is supposed to be.

 2/3 of me are still trying to understand you, the rest are yelling he's
 crazy! - can you clarify what you mean?

It's unclear to me whether a 2/3 majority of active contributors have
to vote yes, or merely 2/3 of some unspecified quorum of active
contributors.

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