[OSM-legal-talk] Attempt to clarify

[Jochen Topf]

On Wed, Feb 20, 2008 at 08:51:21PM +0000, Gervase Markham wrote:
> We have two options, one of which has two outcomes.
> 
> Option 1: Change to PD.
> 
> Option 2a): Change to ODL. Find we can't enforce share-alike, and OSM 
> data can be converted to PD-equivalent by some particular laundering 
> process or in some particular jurisdiction. OSM shrugs shoulders, says 
> "Oh, well", goes through the process with the master copy and then this 
> is equivalent to Option 1.
> 
> Option 2b): Change to ODL. Find we can enforce share-alike, either by 
> legal pressure, by social pressure based on its clear statement of 
> expectations, or both.
> 
> 
> People are objecting to Option 2 because it might not work, and 
> proposing Option 1 instead. But such objections are irrelevant because 
> if it doesn't work, then we have Option 1 anyway. So if they are right, 
> they get what they want.
> 
> I might therefore conclude (and stop me if my logic is faulty) that the 
> only reason for someone to propose Option 1 over Option 2 on the basis 
> of "it won't work" is because they actually have a principled objection 
> to the share-alike part of Option 2, and are using "it won't work" as an 
> excuse.
> 
> Fair?

No. Your logic is faulty.

I see the following options:

Option 1: Change to PD.
    Everything will be clear and easy once the changeover is done. We
    can explain everything to everybody in one sentence "You can do
    whatever you want with the data. Period." Lots of people will
    understand it and they can and will use data. Everybody is happy.

Option 2: We go with ODL or similar.
    Everything will be complicated. We need many many sentences to
    explain what is going on and they will always end in: "But we really
    don't know, ask your lawyer." Lots of people are confused, most
    of them probably could use the data but would have to explain the
    whole thing to their boss first, who then needs a lawyer etc. etc.
    It took 15 years or so before the GPL was first tested in court (and
    the situation for software is easy to understand in comparison to
    the situation we face), so I expect we'll have a confusing situation
    like that for a long time.

I am not concerned so much with principles here. I am concerned with the
practical reality out there. Whenever I give a talk about OSM I get the
same few questions and one of them is always about the licensing issue
and I am fed up that I have to tell people: "Bla bla. This is the short
version, but its much more complicated and you'll have to ask your
lawyer for any real thing you want to do." 

Jochen
-- 
Jochen Topf  jochen at remote.org  http://www.remote.org/jochen/  +49-721-388298