[OSM-legal-talk] Is there a PD part in OSM?
I wonder if data you download now or did so in the past from OSM servers can be used as PD data. There are some users who have publicly declared that they consider their contributions to OSM to be in the public domain. For simplicity I'd like to restrict this question to users who have either made this declaration in their user description or have linked their wiki account from their user description (i.e. it is clear, which OSM username the declaration was made for and that the user was the owner of this account). 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? cheers, Martin ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Is there a PD part in OSM?
Martin Koppenhoefer dieterdreist@... writes: I wonder if data you download now or did so in the past from OSM servers can be used as PD data. There are some users who have publicly declared that they consider their contributions to OSM to be in the public domain. For simplicity I'd like to restrict this question to users who have either made this declaration in their user description or have linked their wiki account from their user description (i.e. it is clear, which OSM username the declaration was made for and that the user was the owner of this account). 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? There are no such data in OSM. PD declaration in the user page is just a manifest but it does not have any real meaning. Discussion about PD was directed into a special legal-general mailing list in October, 2008. http://lists.openstreetmap.org/listinfo/legal-general Best place to read about OSM and PD is still the legal-talk archives from the the same time, October 2008 http://lists.openstreetmap.org/pipermail/legal-talk/2008-October/thread.html -Jukka Rahkonen- ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Is there a PD part in OSM?
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
