John - this is ridiculous. Of course we can slap a new license on our map data to better protect it. <br><br>Why do people persist with this notion that maps cannot be copyrighted? The Ordnance Survey has won a number of court cases.<br>
<br>Aled.<br><br><br><br><div class="gmail_quote">On Feb 19, 2008 11:54 PM, John Wilbanks <<a href="mailto:wilbanks@creativecommons.org">wilbanks@creativecommons.org</a>> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Hi everyone. My name is John Wilbanks. I am the VP for Science Commons<br>at Creative Commons, and I'm the one who wrote the Protocol for<br>Implementing Open Access to Data.<br><br>I've been lurking here for a couple of weeks. I don't like showing up<br>
and posting without getting a sense of the community. But I think it's<br>important to join this debate and get your responses...I'll stay here on<br>this list, I'll take questions, and I'll take flames. I'm glad you're<br>
having this debate. It's a good debate. And I'm stoking the fires of it<br>with this post - but I think you deserve my honest sense on this, and<br>not a mumbling political post.<br><br>I am speaking here as an individual who endured 18 months of research<br>
into open data as part of CC, but not on behalf of CC the organization.<br><div class="Ih2E3d"><br> > > The issue was quite simple. We need to have a license that better<br> > > protects the OSM data<br><br></div>
I'm going to be a little provocative here and say that your data is<br>already unprotected, and you cannot slap a license on it and protect it.<br>This sounds to me like someone deciding to put a license on the United<br>
States Constitution. You're welcome to try that - but that license will<br>not change the underlying legal status of the Constitution, which is the<br>public domain.<br><br>That means I'm free to ignore any kind of share-alike you apply to your<br>
data. I've got a download of the OSM data dump. I can repost it, right<br>now, as public domain. You can perhaps try to sue me - though I'm pretty<br>sure I would win. But you absolutely couldn't sue anyone who came along<br>
and downloaded my copy and then reposted that same data as public<br>domain. There's no copyright on your data, and that means that only the<br>people who sign your deal are bound to it, not anyone who gets it from<br>
the people who sign your deal. Unlike the copyright on a song, which<br>travels along with the song no matter what, the share-alike is<br>restricted to the parties of the contract. It's called privity - see<br><a href="http://en.wikipedia.org/wiki/Privity_of_contract" target="_blank">http://en.wikipedia.org/wiki/Privity_of_contract</a><br>
<br>That's why the ODC was something that CC didn't support. It holds out a<br>promise of power that is illusory. Privity + no IPRs = easy to repost as<br>public domain.<br><div class="Ih2E3d"><br> > Do we? What's the threat? How has it been assessed?<br>
<br></div>The threat comes from people who are worried about data "Capture" - but<br>it is wrong to think that the law is a magic wand here. GPL style<br>approaches only work in the presence of copyrights. They simply don't<br>
have the power in data. The real answer is: if you put your data online,<br>it's essentially in the public domain.<br><br>Bad people know this and will exploit it. That's what you don't want to<br>allow. But simply posting the data gives the bad people a lot of power.<br>
The nice people are going to obey your rules and be constricted by them,<br>but not the bad people.<br><br>I would encourage you to think not about the threat, about those who<br>will take the data and not recontribute, or who will sell the data, than<br>
about the good people. Given that the data is already in the public<br>domain, whatever license you choose, how will you instead *reward* those<br>who think it's worth being a good citizen? That can be done with moral<br>
statements of normative behaviors and a trademark for OSM - only those<br>who behave get to use it and advertise themselves as OSM compliant.<br><br>It's a far healthier strategy in many ways than relentlessly trying to<br>
stamp out perceived violators. One can imagine a data owner beginning to<br>empathize with the RIAA, who see violations everywhere and in so doing,<br>loses focus of the opportunities for good outcomes.<br><div class="Ih2E3d">
<br> > > OSM never started out as a PD project so why would we think that it<br> > > would be better to recommend it go PD now?<br><br></div>Because that's the legal status of the project. My copy of your data is<br>
in the public domain. It doesn't matter what the wiki license says -<br>that license only protects copyrighted things. You can choose to use<br>contracts to entangle users, like the ODC does, but it will only block<br>
the good guys. The bad guys can work around that in less time than it<br>takes to download your data.<br><br>jtw<br>ps - Jordan Hatcher, who drafted both the ODC and the PDDL, is a<br>remarkable attorney and far more knowledgeable on the details of the<br>
contracts than I am. I'm proud to call him a colleague.<br><div><div></div><div class="Wj3C7c"><br>_______________________________________________<br>legal-talk mailing list<br><a href="mailto:legal-talk@openstreetmap.org">legal-talk@openstreetmap.org</a><br>
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