[OSM-legal-talk] Compliance timeline

80n 80n80n at gmail.com
Fri Apr 8 16:11:59 BST 2011


On Fri, Apr 8, 2011 at 3:40 PM, Frederik Ramm <frederik at remote.org> wrote:
> Hi,
>
> On 04/08/2011 10:21 AM, Rob Myers wrote:
>>>
>>> I think it would make more sense to work with the Creative Commons people
>>> on
>>> CC-BY-SA version 4, so we can upgrade licences without deleting any data
>>> or
>>> requiring every contributor to transfer rights to the OSMF.  Then
>>> everyone could
>>> just keep on mapping.
>>
>> I'm not sure how much wriggle room there is for addressing OSM's
>> concerns about BY-SA in the 4.0 revision process as it hasn't actually
>> been announced yet.
>
> The noises emanating from CC seem to say basically that
>
> 1. certainly no CC-BY-SA 4.0 in 2011 and perhaps not even in 2012;

So 4.0 will be ready long before OSM switches to ODbL then ;)


> 2. CC will not write licenses that restrict content over and above what is
> protected by law in any given country.
>
> While I personally find #2 honourable - after all they are for open data and
> against adding restrictions so it does make sense - this would, in our
> specific case, mean that we have no solution for the problem that our data
> is not protected in the US.

Is there any evidence that OSM data has been abused more in the US
than in any other country?

OSM has been around a long time now and time has shown that the
reasons for switching  to ODbL are unjustified.  Where is this threat
that ODbL is supposed to be protecting us from?

>
> Also, Ed, I think that your wording "transfer rights to the OSMF" wrong
> because under the new scheme rights are not transferred, just granted. One
> of the major advantages of this is that OSMF is then the publisher of the
> database and thereby OSMF (and in extension, the community) is in a position
> to authoritatively interpret the license answer questions like "can I do X",
> something that we cannot do today.

No, that's not correct.  Judges make authoritative interpretations of
license terms.  Not the people who own the IP or who wrote the
license.


>
> I.e. even if we were planning to switch to CC-BY-SA 4, the Contributor Terms
> would still make a lot of sense.
>
> Bye
> Frederik
>
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