[OSM-legal-talk] License Cut-over and critical mass

[Anthony]

On Sat, Jul 24, 2010 at 11:48 AM, Rob Myers <rob at robmyers.org> wrote:

> On Sat, 24 Jul 2010 09:43:04 -0400, Anthony <osm at inbox.org> wrote:
> > On Sat, Jul 24, 2010 at 8:52 AM, Rob Myers <rob at robmyers.org> wrote:
> >
> >> On Fri, 23 Jul 2010 18:59:37 -0400, Anthony <osm at inbox.org> wrote:
> >> >
> >> > And what is it that's wrong with CC-BY-SA again?
> >>
> >> http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ
> >
> > So, nothing that is solved by ODbL (an eloquently expressed nothing, of
> > course).
>
>
> http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ#What.27s_wrong_with_the_current_licence.3F
>
> "The main problems that have come to light over time are:
>
>    * The CC-BY-SA licence was not designed to apply to databases of
> information and therefore has shortcomings when attempting to protect the
> OSM data."
>
> ODbL protects against the database right and against contract law.
>

How?

"    * The method of giving attribution is somewhat impracticable for a
> project with many thousands of contributors."
>
> The ODbL handles attribution differently from BY-SA 2.0 , allowing BY-SA
> 2.5-style indirect or project attribution.
>

"You may distribute, publicly display, publicly perform, or publicly
digitally perform a Derivative Work [...] under [...] a later version of
this License with the same License Elements as this License"

Upgrading from BY-SA 2.0 to BY-SA 2.5 is trivial.

"    * Limitations make it difficult or ambiguous for others to use OSM
> data in a new work (eg mashups) "
>
> The ODbL codifies OSM's consensual haullucination that mash-ups are not
> derivative works. ;-)
>

Personally I disagree with that hallucination.  A mash-up is a derivative
work.  In fact, I'd say it's pretty much the quintessential example of the
derivative work.

So the ODbL *does* attempt to address the issues that have been identified
> with BY-SA for OSM.


I never said it didn't *try*.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20100724/f9beaeba/attachment.html>