Data license and OSM problems

Asked by Sander Deryckere

As an OSM editor and fan, I have to thank you for your switch to OSM data. But I have two questions for you:

First of all, when OSM changes to ODBL license and you want to keep updating the data, your data (the price, rating etc) will be considered as derived data, and therefore has to be licensed under the same terms. Currently, your license says "All contents from this web, markers and derivate art are licensed under CC BY-SA 3.0. " But this creates a problem.

Namely: Who's the copyright holder of the data? Since I don't see any other information, it implies that the user who contributed the data is the copyright holder of it. Currenlty, in OSM, all rights (of new data) are given to the OSM foundation. And they re-share the data under CC-BY-SA (currently). But that means they have the possibilities to share the data under any other licence they want.

Putting a disclaimer on your website that, by adding information, they automatically agree to your contributor terms, would probably liberate you of future license problems. The contributor terms could be based on the ones used by OSM (I guess that's safe because some lawyers looked at it), but with some small changes (to make you owner of the data). http://www.osmfoundation.org/wiki/License/Contributor_Terms

Currently, your legal situation is perfectly OK, I just want to help a bit for the future (after seeing a lot of license problems in OSM).

My second question is more technical.

What happens when data changes in OSM? Sometimes, POI are moved around (because someone had a better precision), a POI get's replaced by a building outline (because someone found time to draw a building), or the name of a POI changes (because other people took over and renovated the restaurant or similar).

What happens with your data in those cases? I think, in the first two cases, your data should just stay active (although it might be linked to a different OSM object). And in the third case, it should be deleted (as we know nothing about what the new owners do with the place).

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costales (costales) said :
#1

Hi Sander :)
Thanks very much, this is an awesome contribution! :D

About the license: I changed the legend on map footer:
License CC-BY-SA. Read Terms — Map & places by MapQuest, OSM and contributors.
The terms will link to this page:
http://openmarkers.com/all_html/terms.html
Do you see right? :)

About the data changes in OSM: All the votes are for an unique OSM identification (osm_id), then if a place is moved, the votes will be moved :)
But you found a bug. The links for a place & user are wrong, because they're using Lat+Lng+Type ;) I'll fix it > https://bugs.launchpad.net/openmarkers/+bug/1005600

Thank you very much!!!

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