[OSM-legal-talk] PD declaration non binding?

[Anthony]

On Sun, Jul 25, 2010 at 6:21 AM, Frederik Ramm <frederik at remote.org> wrote:

> By the way, the database right exists - in certain jurisdictions like the
> EU - even if it is not asserted. That means, OSMF is likely to hold database
> rights over the database even today. But CC-BY-SA says nothing about
> granting somebody use of the database.
>
> This means, and I'm not making this up, that some potential users have
> received legal advice against using OSM at this time because they percieve
> OSM to be protected by database law, and at the same time there's no license
> allowing you to use it under database law. Being allowed to use it from a
> copyright perspective, as done by CC-BY-SA, is not enough in the eyes of
> these lawyers.
>
> Some localized versions of the CC-BY-SA were amended to include database
> law but insecurity remains about if and how that applies to OSM.
>
> The problem has been addressed properly only in CC-BY-SA 3.0 (see
> http://wiki.creativecommons.org:8080/images/f/f6/V3_Database_Rights.pdf).
>

So why hasn't OSMF moved OSM to CC-BY-SA 3.0?  The upgrade clause makes that
nearly as simple as "sed 's/2.0/3.0/g' index.html", right?
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