[OSM-legal-talk] Licence brief/Use Case - final call forcomments

[Peter Miller]

> 
> I feel that the above question should never appear in a call for
> comments: no one person can speak for everyone else.  It's very much
> an "anyone feel like being shouted at?" question.
> 

I hope we can avoid shouting:) I do think it is important that we discuss
issues now rather than at the end of the process when it will be too late to
change the direction. To be clear I am aiming to help create a good
share-alike licence. I fully respect the argument for PD but that is a
separate issue and not directly related to trying to get a candidate
share-alike licence together. The comments I am looking for at the moment
are ones to make the share-alike licence a good share-alike licence.

> However, I'll stick my neck out: I don't agree with the list in point
> 1)2. which seems to permit non-machine-readable changesets, while not
> permitting a CD in the box with a hardware device containing the
> derived dataset.  Those two cases should be the other way around:
> allow accompanying datasets outside the end-user experience; and forbid
> non-machine-readable changesets if the original dataset is
> machine-readable.
> 

I have updated the wording. Is it any better? I have made is clearer that
the re-useable dataset can be provided within the product, together with the
product or at a URL (so long as the URL remains valid for the appropriate
amount of time)

> > Are there any ways we could make it stronger and better?
> 
> 1) "should be also made available" is unclear and clunky - perhaps
> "should be available" is sufficient?  Similarly all other "made
> available"s.
> 

I have updated the wording as suggested.

> 2) What is "similar"?  Is this a backdoor?
>

The concept of similar comes from the Debian licence and also appears in the
ODBL licence. It is important that the licence can be updated without asking
everyone for permission again, but it is unclear at present who would do
that and how. The phrase 'or similar' is something that the legal boys will
have to think about. I notice that SteveC mentions this issue in his email.
In the mean time I have added 'or similar' to a place where it should appear
for consistency and a note saying the issue needs attention.
 
> 3)b) "licence" should be "license" - even in English English, the verb
> has a s.  Use of "protects" is ambiguous and inappropriate - "covers"?
> 

Fixed!

> 5) Whose "fair-use" rules?  The USA's?  The pretty-minor UK ones?
>

I have noted your point at the appropriate location.
 
> > If so can we hear about
> > the issues in the next few days so we can try to accommodate them?
> 
> See above.
> 

Thanks


Peter



> I have not time to review the use cases at this point.  Sorry.
> --
> MJ Ray (slef)
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