On Sun, Dec 6, 2009 at 12:23 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;">
the agreement doesn't kick in from the reading of the license, it<br>
kicks in when you do something that only the license would permit you<br>
to do.</blockquote><div><br>The whole basis of the switch away from CC-BY-SA is that there is doubt as to whether or not the OSM database is copyrightable in certain jurisdictions, including the one I happen to live in.<br>
<br>Assuming this is correct, and the OSM database is treated as a non-creative compilation of facts (a la the phone book in Feist), there is *nothing* that only the ODbL permits me to do.<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;">
remember, rights are default: deny.</blockquote><div><br>Not where I live for a database of facts.<br> </div><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">the data would contain a link to and notice about the license.</div></blockquote><div><br>I'm sure I could find a distribution somewhere that didn't. Or extract the data from some other source which didn't have the license. In any case, notice about the license doesn't constitute agreement to the license.<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;"><div class="im">if someone obtains the database from OSM they must maintain the license<br>
</div>
notice, as required by ODbL.</blockquote><div><br>They're supposed to. But c'mon, someone somewhere is going to slip. This isn't Tele Atlas data, which can be kept under lock and key with only a handful of companies allowed to access the entire database (and even then, probably not the raw data).<br>
</div><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">therefore, if someone downloads if from<br>
them, the license notice is intact and they implicitly agree to it as<br>
soon as they are simultaneously aware of it and performing acts<br>
governed by it.<br></blockquote><div><br>By continuing to read this email, you agree to the following terms and conditions. If you disagree, you must delete this email immediately. Your continued reading indicates your acceptance....<br>
<br>Kind of like that?<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;">
this is very similar to how copyright licenses (e.g: GPL) work - you<br>
don't have to click-though a license to get the source code. a notice<br>
about the license is included in the source code. you implicitly agree<br>
to the license as soon as you are simultaneously aware of it and<br>
perform acts governed by it (redistribution of modified source code or<br>
binaries). it's perfectly possible to obtain, modify, compile and<br>
distribute a GPL'ed application without seeing the GPL itself once,<br>
yet it still applies.<br></blockquote><div><br>The GPL, like CC-BY-SA, is based on copyright law. The GPL, like CC-BY-SA, is a unilateral conditional waiver of rights (you may do X, provided that you do Y). The ODbL, on the other hand, is set up as a bilateral exchange of covenants (we promise X, you promise Y). That is, in fact, the whole point of the ODbL. It attempts to reach, through contract law, into jurisdictions where copyright law does not apply.<br>
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