>From: maning sambale <[email protected]>
>To: osm-talk <[email protected]>
>Sent: Wednesday, 23 September, 2009 13:44:52
>Subject: [OSM-talk] deleted copyrighted material technically still in the
>database?
>Whenever we see copyrighted material in OSM, we try to remove it
>immediately. But technically, it still in the database including
>history and changeset.
>Am I right in my assumptions?
<grumble><pedantic mode>
No-one should be removing copyrighted material from the database as a matter of
course. We should only be removing copyrighted material if there is no clear
evidence that the copyright holder has given permission for it to be used in
this way. Some would argue that we should only remove it if there is clear
evidence that the copyright holder *hasn't* given permission for it to be used
in this way, although the OSM way is to be ultra-cautious where there is
uncertainty.
</pedantic mode></grumble>
Technically, it is still in the database, and a technically astute person could
recover it. However it is not in the current version of the data that are
provided using the default mechanisms, so it *could* be argued that OSM is not
actively distributing it. It's similar to when people add code to a public
repository then remove it again, it's usually still "there" somewhere. I am
unaware of any legal cases in the UK (where OSM is based) that hinge around
this residual availability, but then again I am not a lawyer and would
certainly be interested to hear of any.
Regards,
Donald
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