<div class="gmail_quote">On Sat, Feb 28, 2009 at 2:41 PM, Richard Fairhurst <span dir="ltr"><<a href="mailto:richard@systemed.net">richard@systemed.net</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<div class="im"><br>
80n wrote:<br>
> No. CC-BY-SA does not have a class of derivative works that are not<br>
> share alike. ODbL does.<br>
<br>
</div>No it doesn't, that's the entire point of what I said. (Is this the<br>
five-minute argument or the full half-hour?) This is what 4.7 in ODbL is all<br>
about. The data is still "protected", if that's the kind of language you<br>
like, by share-alike at all times.<br>
<div class="im"></div></blockquote><div><br>Let's recap. This thread started with your question about whether it would be feasible to just ask CC to agree that ODbL was a compatible license and avoid all the trouble of having to bother contributors with lots of boring legal stuff.<br>
<br>I replied by suggesting that the ODbL license is not compatible and in some cases removes rights that the contributor currently has.<br><br>So let's stay focussed not on the additional protections that ODbL offers, but on those rights that it takes away.<br>
<br>If I create a nice rendering of some OSM data under the current license it is a derivative work that is covered by CC and both the share-alike and attribution clauses explicitly apply to it.<br><br>If I create the same nice rendering under the ODbL then it is classed as a Produced Work. A produced work is subject to attribution (4.3) but is not subject to share alike (4.5b).<br>
<br>Since share alike is a key part of the CC-BY-SA license this is a clear example of a case where a contributors rights are less in the ODbL than in CC-BY-SA. That's why it would be very unlikely that CC would agree to class ODbL as a "compatible" license. Because it isn't compatible.<br>
<br> </div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;"><div class="im"><br>
> As I understand it Jordan is not our lawyer and cannot advise us on<br>
> whether or not we should use the FIL.<br>
<br>
</div>So now I am utterly confused.<br>
<br>
Some people called Wilson Sonsini have advised us to use ODbL in a manner<br>
which is not, AIUI, the manner recommended by the licence co-author, who one<br>
would presume understands these things.<br>
</blockquote><div><br>Well Jordan is the author of the FIL and we can assume he did it for a reason. It is published adjacent to the ODbL license on a web-site that is managed by Jordan, so I think there are some clues there.<br>
<br>It's quite possible that Jordan had a different opinion a year ago when all this kicked off.<br><br> </div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br>
And here I am debating with an OSMF board member who appears to be arguing<br>
_against_ the licence being recommended by OSMF.<br>
<br>
What on earth is going on?</blockquote><div><br>I'm neither argueing for or against the license. I'm engaging in a conversation that I hope will help me, and others, to better understand the implications of the new license. Most board members have only recently seen a copy of the license so they have no more knowledge about it than anyone else.<br>
<br>We will be making a decision on whether to recommend it to OSMF membership at our board meeting on March 31st and I'm sure that all the board members will be paying close attention to the discussions on these various forums between now and then. I doubt any board member would put their name to the license without careful consideration.<br>
<br>And for the record, I haven't spent enough time with the license yet to know which way I might go on it.<br><br>80n<br><br> </div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br>
<br>
Richard<br>
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</font><div><div></div><div class="h5">Sent from the OpenStreetMap - Legal Talk mailing list archive at Nabble.com.<br>
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