[OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

[jamesmikedupont at googlemail.com]

On Sun, Aug 29, 2010 at 1:40 AM, Nic Roets <nroets at gmail.com> wrote:
> On Sun, Aug 29, 2010 at 1:12 AM, jamesmikedupont at googlemail.com
> <jamesmikedupont at googlemail.com> wrote:
>>
>> > Yes it is true that it is a contract. It is contructed this way to
>> > make sure that internationally everyone gets the same deal. European
>> > Union has the "Database Directive" but most other countries do not.
>> > I strongly believe the ODbL is a copyleft license. The GPL software
>> > license was used as a model for creating the ODbL.
>>
>> copyleft is not a contract, it is copyleft. copyleft is based on
>> copyright and not a contract.
>> please reread the gpl, read moglen;
>> http://emoglen.law.columbia.edu/my_pubs/lu-12.html
>
> Mike, my understanding (and I think Grant will agree) is that copyleft is an
> idea: I publish something in such a way that coerce others into sharing
> their work with me. The implementation details of that idea (copyright law,
> contract law, unenforceable moral clauses etc) is left to the lawyers and
> the managers.

http://en.wikipedia.org/wiki/Copyleft
no, copyleft is only based on copyright.
sorry.
>
> As giving rights to OSMF: It is just a pooling mechanism. Instead of 10,000
> contributors each having their own opinion about the next license, we then
> only have a few ideas and the decision is made by voting. Then a few
> contributors can't block something good because they're having a bad day.
>
>
That is a completely different issue, that is copyright assignment or
IP pooling.


mike


-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova and Albania
flossk.org flossal.org