In reply to the comment from rw__ (http://www.openstreetmap.org/user/aharvey/diary/14408#comment16624):
I simply read through the CTs (http://git.openstreetmap.org/rails.git/blob/696fbb4e16c13f8f86134ad5c029644a5277a373:/config/legales/GB.yml), and by the end I had all the parts checked, I couldn't find any reason not to press agree, so I did.
At no time did I understand it to mean I must ensure my contributions are compatible with ODbL. I cannot ensure my contributions are compatible with ODbL, and I believe that I have contributions which are not compatible. But that isn't my problem.
>intro: "Thank you for your interest in contributing data and/or any other content (collectively, 'Contents') to the geo-database of the OpenStreetMap project (the 'Project'). This contributor agreement (the 'Agreement') is made between you ('You') and The OpenStreetMap Foundation ('OSMF') and clarifies the intellectual property rights in any Contents that You choose to submit to the Project in this user account."
> 2 next_with_decline: "Please read the following terms and conditions carefully and click either the 'Accept' or 'Decline' button at the bottom to continue."
> 3 introduction: "Introduction"
> 4 section_1: "We respect the intellectual property rights of others and we need to be able to respond to any objections by intellectual property owners. This means that:"
okay... just statements so far.
> 5 section_1a: "Your contribution of data should not infringe the intellectual property rights of anyone else. If you contribute Contents, You are indicating that, as far as You know, You have the right to authorize OSMF to use and distribute those Contents under our current licence terms. If You do not have that right, You risk having Your contribution deleted (see below)."
Check, I indicate that, as far as I know, I have the right to authorise OSMF to use and distribute the work I upload under the current license terms (i.e. the CC-BY-SA license).
Check, latter part doesn't matter as I have the rights. (i.e. I've only uploaded works compatible with the CC-BY-SA license)
> 6 section_1b: "Please note that OSMF does not have to include Contents You contribute in the Project, and may remove Your contributions from the Project at any time. For example, if we suspect that any contributed data is incompatible, (in the sense that we could not continue to lawfully distribute it), with whichever licence or licences we are then using (see sections 3 and 4), then we may delete that data."
again just a meaningless statement hear, of course the OSMF doesn't have to use works I upload..
> 7 rights_granted: "Rights Granted"
> 8 section_2: "Subject to Section 3 and 4 below, You hereby grant to OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to do any act that is restricted by copyright, database right or any related right over anything within the Contents, whether in the original medium or any other. These rights explicitly include commercial use, and do not exclude any field of endeavour. These rights include, without limitation, the right to sub-license the work through multiple tiers of sub-licensees and to sue for any copyright violation directly connected with OSMF's rights under these terms. To the extent allowable under applicable local laws and copyright conventions, You also waive and/or agree not to assert against OSMF or its licensees any moral rights that You may have in the Contents."
So far as I have these rights to grant, I grant these rights. I do not guarantee I have these rights to grant, but if I do, then I grant these rights.
If the OSMF switched to the ODbL from CC-BY-SA they would be violating the rights of someone else (i.e. the person who owns the rights or parts of the rights to some of the content I've uploaded to OSM), but that is the OSMF who is violating the rights...
> 9 section_3: "OSMF agrees that it may only use or sub-license Your Contents as part of a database and only under the terms of one or more of the following licences: ODbL 1.0 for the database and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or such other free and open licence (for example, http://www.opendefinition.org/okd/) as may from time to time be chosen by a vote of the OSMF membership and approved by at least a 2/3 majority vote of active contributors."
Again I'm not guaranteeing that I am able to grant these rights, but merely insofar as I can, then I agree. In fact I know that I can't grant these rights for a number of my contributions, the ones I can I do, the ones I can't well I cant.
> 10 active_defn_1: "An 'active contributor' is defined as:"
> 11 active_defn_2: "a natural person (whether using a single or multiple accounts) who has edited the Project in any three calendar months from the last 12 months (i.e. there is a demonstrated interest over time); and has maintained a valid email address in their registration profile and responds to a request to vote within 3 weeks."
> 12 section_4: "At Your or the copyright owner’s option, OSMF agrees to attribute You or the copyright owner. A mechanism will be provided, currently a web page http://wiki.openstreetmap.org/wiki/Attribution."
I don't care... for the rights I do have, I disclaim them, I wish the works to be CC0, OSMF or anyone else can do as they wish. But I'm not the sole owner of the rights to the works I've uploaded, and if you don't license this CC-BY-SA you are violating their rights, not mine.
> 13 section_5: "Except as set forth herein, You reserve all right, title, and interest in and to Your Contents."
> 14 limitation_of_liability: "Limitation of Liability"
> 15 section_6: "To the extent permitted by applicable law, You provide the Contents 'as is' without warranty of any kind, either express or implied, including without limitation any warranties or conditions of merchantability, fitness for a particular purpose, or otherwise."
> 16 section_7: "Subject to any liability that may not be excluded or limited by law, neither You nor OSMF shall be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages under this Agreement, however caused and under any theory of liability. This exclusion applies even if either party has been advised of the possibility of such damages."
That last part, I'm not liable for anything under this agreement...
> 17 miscellaneous: "Miscellaneous"
> 18 section_8: "This Agreement shall be governed by English law without regard to principles of conflict of law. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement. This is the entire agreement between You and OSMF which supersedes any prior agreement, whether written, oral or other, relating to the subject matter of this agreement."