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

[Heiko Jacobs]

Richard Weait schrieb:
> Data that is now CC-By-SA will always be CC-By-SA. Currently published planets,
 > for example are CC-By-SA and will stay that way.  No data loss.
 > The data is still there. Still CC-By-SA.

Yes indeed. Including ...

> We'll each choose to allow our data to be promoted to OSM with the
> license upgrade, or we will not. 

... the new planet which is called to be under ODBL.

http://creativecommons.org/licenses/by-sa/2.0/legalcode

But it isn'nt, because the contributors who said "yes" for change
don't give their "home copy" of their data a second time like in

"7.b ... Licensor reserves the right to release THE WORK under different
license terms"

"the work" = "their original work" and not a copy of it.

But the new "so called ODBL-OSM" is only an "vote-yes"-extract
of the old CC-OSM so ...

"1.b 'Derivative Work' means a work based upon the Work ... such as a
... condensation ..."

... is suitable, so ...

"4.b You may distribute ... a Derivative Work only under the terms of
this License, a later version of this License with the same License Elements
as this License, or a Creative Commons iCommons license that contains the same
License Elements as this License (e.g. Attribution-ShareAlike 2.0 Japan)."

... also a "so called ODBL-OSM" ist still under CC and only under CC.

A real ODBL-OSM can only be build with "home copies" of the data
of the contributors who said yes. They cannot copy their own edits
from CC-OSM, because this also will be a condensation of CC-OSM ...

Mueck