<div class="gmail_quote">On Wed, Mar 4, 2009 at 12:20 PM, Dave Stubbs <span dir="ltr"><<a href="mailto:osm.list@randomjunk.co.uk">osm.list@randomjunk.co.uk</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;">
2009/3/4 80n <<a href="mailto:80n80n@gmail.com">80n80n@gmail.com</a>>:<br>
<div><div></div><div class="h5">> On Wed, Mar 4, 2009 at 11:18 AM, Ed Avis <<a href="mailto:eda@waniasset.com">eda@waniasset.com</a>> wrote:<br>
>><br>
>> You have discussed some elaborate plans about what data from a<br>
>> 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<br>
>> to<br>
>> convince a court of law that the elaborate heuristics you applied are<br>
>> sufficient<br>
>> to make the map completely independent of the work of the users who said<br>
>> 'no'?<br>
>><br>
>> The only sound rule that can be sure to stand up in court is to delete all<br>
>> data<br>
>> from the contributors who didn't give explicit permission, and all data<br>
>> 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<br>
>> footing,<br>
>> it is not worth doing. At the moment we can say with certainty that 100%<br>
>> of the<br>
>> contributors have clicked 'yes' to an agreement to distribute their<br>
>> changes under<br>
>> CC-BY-SA. Any legal niceties tidied up by a move to a different licence<br>
>> are good<br>
>> to have, all other things being equal, but are hugely outweighed if the<br>
>> data<br>
>> becomes a questionable mishmash of contributions that have agreement, and<br>
>> those<br>
>> that don't have agreement but pass some odd set of rules we invented<br>
>> ourselves to<br>
>> convince ourselves that we didn't need to get permission.<br>
><br>
><br>
> I believe this is a wise approach. OSM is traditionally very conservative<br>
> about using any data not from a know clean source. On the grand scale its<br>
> relatively easy to capture map data, the value of a clean database far<br>
> outweighs the risks associated with infringing anyone's copyright. We<br>
> should apply the same degree of conserativism to our CC-BY-SA licensed data<br>
> as we would to any other copyrighted data.<br>
><br>
> Perhaps we are thinking about this all wrong. If we considered the ODbL to<br>
> be a license fork of the project (albeit a friendly from the inside fork)<br>
> then it makes it much easier to think about how all this should happen.<br>
><br>
<br>
</div></div>I think the problem here is the statement, "delete all data<br>
<div class="im">from the contributors who didn't give explicit permission, and all data that<br>
depends on it. Period."<br>
<br>
</div>If only it was that simple.<br>
<br>
There's two options:<br>
<br>
1) Start again from the first point of time at which someone not<br>
agreeing to the switch contributed data.<br>
<br>
2) Draw a pragmatic line somewhere to determine what constitutes a<br>
copyrightable derivation from CC-BY-SA data.<br>
<br>
Option 2 is what just about everybody is talking about. They're just<br>
putting the line in different places.<br>
<br>
So the question isn't ever really going to end in a Period. We're<br>
going to have to make a call, and that can be extremely conservative<br>
with large zones of reversion around every contaminated edit, or<br>
extremely aggressive with complex heuristics to determine<br>
"significant" edits, or any point in between.<br>
Most people seem to be aiming for middle ground with object based<br>
reversion only and extremely few heuristics (ie: a zero change edit<br>
doesn't count). Which makes some sense.<br>
But don't kid yourselves it's a simple A or B choice.<br>
<font color="#888888"></font></blockquote><div><br>If someone were to fork the OSM database and try to make a PD version that only contained contribution from people who had self-declared their content as PD then we'd be right in demanding that they err on the side of caution. <br>
<br>It's the same situation for ODbL. The fact that it's us doing this and not "them" is immaterial.<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>
Dave<br>
</font></blockquote></div><br>