Just a little background on the reason for this in the Chapters requirements.<div><br></div><div>The OSMF is the official publisher of the database (= licensor of database). One of the tasks of the Foundation is to check whether organizations that use the data are doing so in compliance with the license. </div>
<div>Now, when a chapter (as a representative of the OSMF) is giving wrong advice/instructions concerning the license, the OSMF may have a weak case if they see that someone is not using the data in compliance with the license. Because the counterpart could argue "OpenStreetMap [whatever] told me it was ok to do so".</div>
<div><br></div><div>It's not that a chapter may not say anything about the license, but it needs to check whether the info they are giving is correct.</div><div><br></div><div>And hey, if you really want to get in all the legal issues: join the License Working Group! (<a href="mailto:legal@osmfoundation.org">legal@osmfoundation.org</a>)</div>
<div><br></div><div>Cheers,</div><div>Henk</div><div><br></div><div><br><div class="gmail_quote">2010/3/21 Serge Wroclawski <span dir="ltr"><<a href="mailto:emacsen@gmail.com">emacsen@gmail.com</a>></span><br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex;">
I wanted to give a little time in between issues to discuss...<br>
<br>
The other issue that came up in the meeting, for the US group, was<br>
this sentence:<br>
<br>
"All actions concerning the license must be approved by the Foundation."<br>
<br>
Our understanding of this was was a way of saying "The OSMF will<br>
direct the license of the OSM dataset", which would mean things like<br>
changing the license from CCBYSA to ODbL, updating the ODbL, etc.<br>
<br>
That makes good sense, but the wording seemed a vague.<br>
<br>
At the meeting, Henk explained that it wasn't just the license, but<br>
any action around the license. He gave the example of a chapter<br>
creating a document which summarized the OSM license and specified<br>
requirements for import. Coincidentally I'd made such a document a few<br>
weeks earlier and discussed it on the osm-professional list.<br>
<br>
It summarizes the requirements for an organization to submit data into<br>
OSM according to the license (either CCBYSA or OBbL).<br>
<br>
>From the phone conference, it would appear that the OSMF would want<br>
final approval of any such document.<br>
<br>
I understand the desire of the OSMF to control the license, but I<br>
don't see why the OSMF would be in control of documents around the<br>
license (unless they were patently false, for example).<br>
<br>
The Chapters are going to be doing outreach and part of that outreach<br>
will need to cover the license, especially if we're talking to<br>
organizations. Requiring prior approval for all documents regarding<br>
the license seems like an immense amount of work on the part of the<br>
OSMF, and something which could greatly hinder the Chapters.<br>
<br>
<br>
With this and the other concern I brought up in the other thread, I'd<br>
like to strongly suggest the wording of the license section be<br>
something more like:<br>
<br>
<br>
Data license<br>
<br>
The OpenStreetMap Foundation is the publisher of the OpenStreetMap<br>
database and has therefore the primary responsibility over the<br>
dataset. Chapters should be committed to keeping the OpenStreetMap<br>
dataset unified and under the primary responsibility of the OSMF and<br>
will retain primary leadership over the data and its license.<br>
<br>
<br>
<br>
- Serge<br>
<br>
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</blockquote></div><br></div>