: What is the copyright status of user-generated content on public key servers? I recently set up a public OpenPGP key server in the US that synchronizes with the predominant global key pool.
I recently set up a public OpenPGP key server in the US that synchronizes with the predominant global key pool. I now have a server on my hands containing gigabytes of user-generated content (e.g. names, comments, the keys themselves, etc.).
I assume based on the commonplace of such systems that I am legally permitted to distribute that content, as that is, after all, the point of a key server.
But I'm not comfortable just making that assumption. Is there a definitive explanation of the content's copyright status, or at least a similar situation involving other user-generated content to which I can make reasonable comparisons?
I've skimmed the web interfaces of various key servers and have found nothing to the effect of a terms of service document. Normally with this kind of question I'd ask the primary source or distributor of the data, but as this is a decentralized dataset I'm not sure where to go. I expect that other key server operators are in the same position as myself.
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If there isn't a TOS policy preventing the user's copyright, the creator of the key would have the right to claim a copyright for any information that is not considered just a fact. If they wrote a bio, then they have the right to claim a copyright for that. However, info such as their name cannot be copyrighted because it would be considered a fact. See this for Copyright limitations, exceptions, and defenses.
Similarly, the keys could not have a copyright since they are also considered a fact.
To be safe, I would provide a link to the bio and other similar text on the original server, and store everything else.
Of course, it all depends on who has a better lawyer. You could be even safer by emailing and asking for permission.
DISCLAIMER:
I am not a lawyer and do not offer legal advice. What I wrote in this comment is not legal advice. For legal advice, get a lawyer.
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