[OSM-legal-talk] OS Opendata & the new license

[David Groom]

----- Original Message ----- 
From: "Rob Myers" <rob at robmyers.org>
To: <legal-talk at openstreetmap.org>
Sent: Friday, September 17, 2010 11:25 AM
Subject: Re: [OSM-legal-talk] OS Opendata & the new license


>
> On 09/17/2010 01:12 AM, 80n wrote:
>>
>> That's a bit of a jump isn't it? Firstly, the CTs allow you to
>> change the license without any regard to preserving the attribution
>> clause.
>
> If they do, and if attribution is ever removed, data contributed under
> an agreement to maintain attribution couldn't be used.
>
> So a future evil OSM couldn't suddenly start publishing OS materials
> without attribution.

But your missing the point.  The since the CT's allow the possibility in the 
future that data might be published without attribution, then its impossible 
to contribute data (and still be acting in accordance with the CT's) which 
absolutely requires that attribution.

If you want to propose a rewrite of the CT's which has wording which 
guarantees that any data which requires attribution will be removed, and 
find a way of making sure any data submitted which requires attribution is 
somehow marked in perpetuity so it can be identified, then I guess it might 
help with this issue.

David

>
>> Secondly, the ODbL doesn't require attribution to Ordnance Survey,
>> only to OSM.  Thirdly I'm not yet convinced that ODbL's attribution
>
> ODbL 4.2.c requires that the copyright notices be maintained when 
> distributing the database. This would include the attribution required by 
> OS.
>
> ODbL 4.3 requires a notice on Produced Works that mentions the source of 
> the data through a url. The page linked to by the url can mention 
> attribution. BY allows this, and OS data is explicitly declared to be BY 
> compatible.
>
> An OSM map on a postcard under BY-SA 3.0 derived from ODbL data will
> advertise OS data just as much as an OSM map on a postcard under BY-SA
> 3.0 derived from BY-SA data will. Both will carry a mention of the
> licence and a url that links to a page explains the licence and
> attribution for the tile.
>
>> is viral.  A sublicensee of a Produced Work has no obligations that I
>> can see.
>
> It will be the practical upshot of just about any licencing of a produced 
> work I can think of but I agree that it does not appear to be mandated.
>
> I'll ask odc-discuss.
>
> - Rob.
>
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