<div class="gmail_quote">On Wed, Mar 4, 2009 at 11:18 AM, Ed Avis <span dir="ltr"><<a href="mailto:eda@waniasset.com">eda@waniasset.com</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;">
You have discussed some elaborate plans about what data from a non-relicensing<br>
contributor would have to be deleted and what would have to be kept.<br>
<br>
In the worst case, in the event of a dispute, do you really fancy trying to<br>
convince a court of law that the elaborate heuristics you applied are sufficient<br>
to make the map completely independent of the work of the users who said 'no'?<br>
<br>
The only sound rule that can be sure to stand up in court is to delete all data<br>
from the contributors who didn't give explicit permission, and all data that<br>
depends on it. Period.<br>
<br>
You may think this is unnecessarily paranoid. Indeed it is: but if the<br>
relicensing exercise doesn't put the project on a legally unassailable footing,<br>
it is not worth doing. At the moment we can say with certainty that 100% of the<br>
contributors have clicked 'yes' to an agreement to distribute their changes under<br>
CC-BY-SA. Any legal niceties tidied up by a move to a different licence are good<br>
to have, all other things being equal, but are hugely outweighed if the data<br>
becomes a questionable mishmash of contributions that have agreement, and those<br>
that don't have agreement but pass some odd set of rules we invented ourselves to<br>
convince ourselves that we didn't need to get permission.<br>
<font color="#888888"></font></blockquote><div><br><br>I believe this is a wise approach. OSM is traditionally very conservative about using any data not from a know clean source. On the grand scale its relatively easy to capture map data, the value of a clean database far outweighs the risks associated with infringing anyone's copyright. We should apply the same degree of conserativism to our CC-BY-SA licensed data as we would to any other copyrighted data.<br>
<br>Perhaps we are thinking about this all wrong. If we considered the ODbL to be a license fork of the project (albeit a friendly from the inside fork) then it makes it much easier to think about how all this should happen.<br>
<br>80n<br><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;"><font color="#888888"><br>
--<br>
Ed Avis <<a href="mailto:eda@waniasset.com">eda@waniasset.com</a>><br>
<br>
<br>
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