Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Matthew Woehlke

On 22/09/2020 17.43, GITNE wrote:
As far as I can tell no document covers changeset comments either 
explicitly nor implicitly. The Contributor Terms state that

“…contributing data and/or any other content (collectively,
“Contents”) to the geo-database of the OpenStreetMap project (the
“Project”)” is explicitly limited to contributions to the
geo-database (map database). As far as I can tell changeset comments
 are not part of the OSM's geo-database. Changeset comments
themselves do not contain any geo-data, they merely reference a
changeset. The changeset contains geo-data and is what actually
becomes part of the geo-database. Thus naturally changesets are 
covered by the Contributor Terms but not changeset comments. 
Consequently, it should be fair to assume that the copyright to

changeset comments remains with their respective authors. However,
since changeset comments are apparently neither explicitly nor
implicitly covered by any agreement or license, it should be also
fair to assume that by the act of creating comments on OSM's website 
commentators do grant copyright to the OSMF, though limited in scope.


I'm pretty sure there is no *copyright* granted to OSM. Likewise...


It is fair to assume that the scope is limited to the production or
quality assurance of the map. I think that given this situation it
should be very difficult to argue that commentators implicitly grant
copyright to any other party than the OSMF, publish comments into the
public domain, or for any extended purpose.

Anyhow, imho either way it would not be wise—today's more fashionable
 word here would be “smart”—for the OSMF to grant changeset comment
copyright to others.


I am ***almost certain*** that OSM does not grant *copyright* to other 
parties.


I'm pretty sure the term you want is *license*. This may sound pedantic, 
but this is an area where getting your terminology correct can matter, 
and there is a ***huge*** difference between granting "copyright" 
(assigning *total ownership and all rights* to another party) and 
granting "license" (extending *limited* rights to another party while 
retaining ownership).


As far as I know (and can tell from 
https://wiki.osmfoundation.org/wiki/Licence/Contributor_Terms), 
contribution to OSM are *not* subject to copyright assignment.


--
Matthew

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] Disclaimer regarding data in Virginia (US)?

2020-07-20 Thread Matthew Woehlke
OSM surely incorporates data in Virginia which was not prepared by 
suitably licensed entities (per 
https://law.lis.virginia.gov/vacode/title54.1/chapter4/section54.1-402/).


According to Virginia law, OSM must therefore display the following notice:


Any determination of topography or contours, or any depiction of
physical improvements, property lines or boundaries is for general
information only and shall not be used for the design, modification,
or construction of improvements to real property or for flood plain
determination.
Is this notice already displayed somewhere? If not, where should it be 
displayed?


(Note: I came across this while considering PWC GIS data for import; 
n.b. 
https://wiki.openstreetmap.org/wiki/Contributors#Prince_William_County.)


--
Matthew

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] local copyright law on government data and OSM license

2020-07-16 Thread Matthew Woehlke

On 15/07/2020 21.16, Erwin Olario wrote:

Recently, some edits in the country came to the  attention of the community


When you say "the country", what country are we talking about?

I guess from context you mean "the Philippines", but you really ought to 
specify.


(I've been editing a bunch of stuff in PWC, Virginia, USA based partly 
on government data which I have been assured by the issuing agency is 
Public Domain. I *hope* you aren't talking about me, but it's really 
unclear.)


--
Matthew

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk