<div class="gmail_quote">On Wed, Dec 9, 2009 at 8:05 AM, Mike Collinson <span dir="ltr"><<a href="mailto:mike@ayeltd.biz">mike@ayeltd.biz</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><div class="im">
At 03:53 AM 9/12/2009, Mike Collinson wrote:<br>
</div><blockquote type="cite"><div class="im">At 10:50 PM 8/12/2009, 80n
wrote:<br>
</div><div class="im"><blockquote type="cite">On Tue, Dec 8, 2009 at 9:38 PM,
SteveC <<a href="mailto:steve@asklater.com" target="_blank">steve@asklater.com</a>>
wrote:
<dl>
<dd>Taking a few points:<br>
</dd><dd>On Dec 8, 2009, at 2:33 PM, 80n wrote:
</dd><dd>> Not one single case has been presented where the intent of the
CC BY-SA license has been abused.<br>
</dd><dd>It took what, 3 decades or something for the GPL to be tested in
court. You want to wait for that, or be proactive?<br>
</dd><dd>In the meantime we have plenty of people avoiding OSM because of all
the ambiguities, stretching back to ITN and before.<br><br>
</dd></dl>ITN is an example of CC BY-SA being effective. ITN chose not
to abuse the license and did not use our data.</blockquote><br>
</div><div class="im"><a href="http://wiki.openstreetmap.org/" target="_blank">
http://wiki.openstreetmap.org</a>:<br><br>
"OpenStreetMap creates and provides free geographic data such as
street maps to anyone who wants them. The project was started because
most maps you think of as free actually have legal or technical
restrictions on their use, holding back people from using them in
creative, productive, or unexpected ways."<br><br>
A legal text should never lose site of the principle
aims.</div></blockquote><br>
Or indeed ... A legal text should never lose sight of the principal
aims. Beware late night typing. :-}<br><br>
Again, on a personal note. If we have come up with something that
just prevents this incident happening again, then the whole effort will
have been worth it for me.<br><br>
ITN is a major British national News station. OpenStreetMap had simply
the best map of Baghdad. But they never got seen by the British public on
legal advice. Our license is ambiguous on whether we want all OSM
contributors to be listed on every map. It is also unclear as to whether
Share-Alike would extend to other graphical elements used on their set or
indeed to the whole news segment ... all creative works.<br><br></div></blockquote><div>Well, lets at least be clear about the circumstances here. ITN were contemplating using the OSM map of Baghdad for a news story. They had very limited time in which to make a decision and were unfamiliar with CC BY-SA licensing.<br>
<br>At the time CC was still a new concept, even Wikipedia was pretty new at the time. I suspect that if someone were to discuss it with them today they would have pre-prepared standard guidance from their legal department about how to handle any CC BY-SA copyrighted material. I'd expect any decent publisher's legal department to be on the ball about CC BY-SA and know how to use it while meeting their obligations. Material from Wikipedia is regularly referenced by news organisations and broadcasters these days.<br>
</div></div><br>If we wind the clock forwards to a world where OSM is licensed under ODbL, I suspect that we'd get exactly the same result as we did with the map of Baghdad. They'd be unfamiliar with ODbL and would err on the side of caution by not using the material[1]. On the other hand I'd speculate that the chances of them knowing how to handle CC BY-SA licensed material would be much higher.<br>
<br>In this respect ODbL puts the usability of OSM content back about five years.<br><br>80n<br><br>[1] Actually there's a flaw in this argument but let's not let that get in the way of the point I'm making.<br>
<br><br>