----- Original Message -----
From: "Cartinus" <[email protected]>
To: <[email protected]>
Cc: <[email protected]>
Sent: Thursday, August 12, 2010 5:52 PM
Subject: Re: [OSM-talk] Voluntary re-licensing begins
On Thursday 12 August 2010 13:45:49 David Groom wrote:
1) The last sentence of clause (1) of the contributor terms requires YOU
to have EXPLICIT permission from the rights holder. Please consider if
you
have this EXPLICIT permission, if you do not have it then you CAN NOT
agree to the contributor terms
2) There is a large amount of contributors who have traced imagery from
sources such as Yahoo
Yahoo aerial imagery is supplied under some terms (sorry too lazy to look
them
up right now). Sometime in the past someone(s) from within the OSM project
asked them if tracing from those images to make a map was possible within
those terms. They answered: Yes, this is possible.
Now can somebody explain to me why this would not be explicit permission?
Firstly, as you say "sometime in the past". So Yahoo gave permission when
the project has a CC-BY-SA licence. The contributor terms allow the
switching of the licence to a non-CC-BY-SA licence. So how can I possibly
say that on the basis of an agreement made some time ago Yahoo now agree to
contributors agreeing to the CT terms.
Secondly, the real point I was making was that the CT terms state "... You
represent and warrant that You have explicit permission from the rights
holder to submit the Contents and grant the license below ...". And I
simply do not have explicit permission. I don't have explicit permission
because:
a) The permission was not made to me, but to a more general body of people;
so the permission I have is IMPLICIT.
b) Ignoring the Yahoo data, but taking any data that may have had a PD or
CC-BY-SA clause that has be used in import, since these are general
permissions given and they do not explicitly mention granting rights to use
in OSM, I cant possible agree that I have EXPLICIT permission to use them.
I have permission by virtue of they are PD or CC-BY-SA, but not EXPLICIT
permission to do so.
David
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