[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 1:33 PM
Subject: Re: [OSM-legal-talk] OS Opendata & the new license


>
> On 09/17/2010 01:22 PM, David Groom wrote:
>>
>> 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.
>
> Data contributed on the condition that it be attributed could not be used 
> if that condition is not met. OSM would be breaking its side of the 
> bargain, and so it would lose the right to use the data.
>
>> 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
>
> It's implicit. Making this explicit would be a good thing, I agree, but

Unfortuneatley its not implicit in anyting in the CT's, merely implied by 
your understanding of how OSMF may behave in the future.

In effect you are saying not to worry about the legal requirements in the 
CT's, but rather to rely upon the idea that in the future OSMF will behave 
in a certain way.

You're welcome to that view, but please dont con yourself and others into 
thinking it's legally valid view.

> I'm not sure the body of the CTs needs to be any more complex. Possibly it 
> should be in the notes.
>
>> 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.
>
> That's also definitely a good idea. I don't know the innards of the OSM 
> database so I don't know how this would be handled but a tag for 
> attribution or its absence would preserve this information.

Only if (a) you could guarantee that the tag would be added; and (b) that 
the tag would never be removed or altered. Neither of which currently is the 
case.

So your whole premise that its OK to add data which requires attribution on 
the basis the data will be removed if the attribution requirement is removed 
rests upon:

a) the assumption that its OK to break the legal requirements of the CT's 
because of an implied assumption about how the OSMF will behave in the 
future

b) the assumption that all data which requires attribution will be tagged as 
such (and there is no requirement at present for it to do so, just good 
practice)

c) the assumption that the attribution tag cant be changed.

That seems a lot of assumptios to me.

David

>
> - Rob.
>
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