[OSM-legal-talk] Please enable commercial use

[Nick Black]

On Tue, May 6, 2008 at 8:18 PM, Nathan Vander Wilt
<nate-lists at calftrail.com> wrote:
> I've already said quite alot over on talk@, so I'll try to keep this to the
> point.
>
> I am writing a geotagging application that I hope to sell. When I first
> found OSM, I was very excited for what I could use it for but as I've
> followed the discussions I've become a lot more concerned. While there are
> many users who want their work to be fully in the public domain, it seems
> that Ordinance Surveyesque FUD concerning derivative works might trump even
> those users' contributions. I cannot open my tiny company and our potential
> customers to the viral effects of a broad application of the "Share Alike"
> intentions under a broad notion of "derivative works". The proposed ODL/ODC
> licenses would clear up some of the grey areas, but not all.
>
> I am worried that in our zeal to avoid "a company with clever lawyers
> find[ing] a way to use our data without respecting the intent of the
> community" we will continue to make it too risky for small companies who do
> want to respect the intent but are worried that any one contributor may not
> agree with their interpretation. The current license, and I believe the
> proposed pair of licenses, leave too much risk for well-intentioned small
> companies.

Seriously, you can't actually expect OSM to change its license because
of what a well-intentioned small company might do.


 It seems as though it is not our intent to preclude commercial
> use of the data, but with so many unknowns, only open source projects (who
> can let the viral nature propagate through the entire stack), or large
> companies (who can pay to find and defend loopholes) can comfortably use the
> data.
>
>
>
> I really would like to see a license as simple as the following:
>
> For data users -
> 0. Open Street Map collects and creates public domain map data.
> 1. Attribution of Open Street Map is expected. We make it easy.
> 2. Contributing back or freely sharing modifications is very strongly
> encouraged.
>
> For map editors -
> 1. Only add essentially uncopyrighted map data.
> 2. You are welcome join the list of contributors.
>
>
> This could be implemented under the PDDL with Community Norms, as it seems
> the original authors of the proposed licenses are encouraging us to do
> anyway
> (http://wiki.openstreetmap.org/index.php/Open_Data_License#Criticism). It
> would provide clear answers for all the grey areas, while being just about
> as effective as a more involved set of licenses. (I think that you could
> actually see more benefit, but that's an age-old, yet unsettled, argument.)
> What do we stand to lose with a clear, simple, community-encouraging
> PDDL+Norms license, that we wouldn't continue to risk losing against a
> calculated infringement against more complicated legalese?
>
> thanks,
> -natevw
>
>
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>
>



-- 
Nick Black
--------------------------------
http://www.blacksworld.net