On Sun, Dec 6, 2009 at 12:11 AM, Matt Amos <span dir="ltr"><<a href="mailto:zerebubuth@gmail.com">zerebubuth@gmail.com</a>></span> wrote:<br><div class="gmail_quote"><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">On Sun, Dec 6, 2009 at 4:53 AM, Anthony <<a href="mailto:osm@inbox.org">osm@inbox.org</a>> wrote:<br>
> I don't know, I find it somewhat mind-boggling that a site like OSM would<br>
> even consider resorting to "browse-through license agreements" in order to<br>
> impose terms which go beyond that of copyright. It's the exact oppose of<br>
> what I'd expect from a site which calls itself "open" and "free".<br>
<br>
</div>i'm not sure i understand your point. OSM has a license which (tries<br>
to) impose requirements on the re-use of the data, but that's still<br>
"open" and "free", right?</blockquote><div><br>CC-BY-SA doesn't try to impose any requirements which go beyond copyright law. Agreeing to CC-BY-SA can only give me, as the licensee, *more* rights, not take any away. "Nothing in this license is intended to reduce, limit, or restrict any
rights arising from fair use, first sale or other limitations on the
exclusive rights of the copyright owner under copyright law or other
applicable laws." CC-BY-SA is a unilateral conditional waiver of rights. ODbL, on the other hand, is a standard bilateral contract.<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;">
we're talking about moving to another<br>
license with very similar requirements, but a different<br>
implementation, and that's not "open" and "free" anymore? it would<br>
really help me if i could understand your position.<br></blockquote><div><br>Creative Commons said it better than I can:<br><br><a href="http://wiki.openstreetmap.org/wiki/ODbL_comments_from_Creative_Commons">http://wiki.openstreetmap.org/wiki/ODbL_comments_from_Creative_Commons</a><br>
<br>"Section 2.2(c) of the proposed ODbL explicitly makes the ODbL a
contract, in addition to being a license. As mentioned above, accepting
a license is usually only necessary when there exists some underlying
property right. However, a contract can be based simply on mutual
agreement, provided that the requisite requirements of contract
formation (meeting of the minds, consideration, etc.) are met. The result is that the ODbL can in certain circumstances impose
obligations and restrictions on users under a contract theory, rather
than based on a protection afforded by statute, common law, or other
recognized right.
<p>Thus, it is not clear under the ODbL whether providers would
have an independent breach of contract claim, in addition to an
infringement claim, or even in the absence of an infringement claim,
for any violations of the “license” (or alternatively, contract). </p><p>This is important for several reasons. First, as discussed
above, due to legal variations in copyright doctrines among different
countries, as well as the availability of sui generis protection in
some countries but not in others, there may be cases where an
infringement claim is not available to a provider because no underlying
property right exists. However, in such cases, could the provider seek
to enforce a provision of the ODbL, such as the share-alike provision,
under a contract theory instead? And if it could do so, would that
constitute an extension of protection beyond the scope intended by
existing statutory schemes? For example, could data or databases that
fail to qualify for copyright protection under U.S. law due to lack of
the requisite level of creativity nevertheless be made subject to the
share-alike provision in the U.S. under a contract theory? Could this
be applied to individual data elements that are not themselves
copyrightable—such as sensor readings or basic facts and ideas? Could
European sui generis database rights be enforced against a U.S. user on
the basis of the existence of a contractual relationship created by the
ODbL?"</p></div></div>