On 24 March 2011 09:29, Francis Davey <[email protected]> wrote: > > > In context (which is how all contracts are read) it clearly means that > the purpose of the contract is to ensure that the contribution of data > does not infringe and to that end the contributor gives a warranty as > to their state of knowledge about their right to authorize OSMF to do > certain things. This is the 1.2.4 version.
The French version: http://www.osmfoundation.org/wiki/License/Contributor_Terms/FR Clearly says something quite different as far as I can see, namely that the contributor agrees _only_ to add content for which they own the intellectual property. There's no clause that says which language contributor terms prevails - presumably whichever a contributor agrees to - so there are a multiplicity of agreements. Also puzzling is the distinction in clause 1. The first sentence says: "Dans le cas où des Contenus comprennent des éléments soumis à un droit d’auteur, Vous acceptez de n’ajouter que des Contenus dont Vous possédez la propriété intellectuelle." But "droit d'auteur" does not (as I understand the term) include database right. Its un droit des producteurs de bases de données rather than un droit d'auteur (forgive my atrocious French - its been nearly 30 years since I studied it). "propriété intellectuelle" is a much wider term, which includes industrial property. Maybe there's a good reason for this wording and I'm not either French or a French lawyer. -- Francis Davey _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk

