[OSM-legal-talk] I want my access back

Henk Hoff osm at toffehoff.nl
Thu Aug 11 00:50:41 BST 2011


Op 10-08-11 12:33, ce-test, qualified testing bv - Gert Gremmen schreef:
> To all
>
> It's all a matter of trust.
>
> A) Trusting contributors and
> b) trusting the users of OSM data.
>
> The current policy of OSM is to trust nobody,
> and therefore OSM(F) is seeking legal certainty,
> by creating licenses and contributor terms.
Have you actually *read* the CT?
Trust nobody? The OSMF asks of its contributors that they only 
contribute stuf which they are allowed to. The OSMF promises that the 
collective will always be published with a free and open license.

Just for fun: try reading the Terms of Service of Google, to which you 
agree every time you use one of its services.
> It will probably take a long time for those
> seeking this way that it is a way without issue.
>
> First because legal certainty does not exist in
> a society where justice is dominated by (financial) power.
> ( see Dominique Strauss Kahn case for a recent example )
What has this to do with OSM?
> Second because the legal certainty created by
> the CT is uncertain because it is badly written, and one needs not be
> a specialist to understand that; and the use of OdBl is so unprecedented
> that we are completely unclear if it will hold in ANY case but the
> simplest.
Do you claim that CC-BY-SA does not need a specialist to understand it?
> Third because we don't not have the financial means to maintain
> the license in even the smallest case.
Like mentioned before, we're not maintaining the license. ODbL is 
maintained by Open Data Commons, whereas the CC is maintained by 
Creative Commons. Not the OSMF.
> OSMF will probably go bankrupt on the first case against an
> fraudulent user of the data.
Are you suggesting that with sticking with CC-BY-SA we don't have such a 
problem? (if we have it at all)

>
> You ever read the story of the emperor's new clothes ? (=read CT)
> http://en.wikipedia.org/wiki/The_Emperor%27s_New_Clothes
>
I know the story. However, another story comes to mind with me. Ever 
read the parable of the ten virgins? It's about being prepared for 
what's coming.
The OSMF is taking actions needed to keep the project running for years 
to come.
>
> Gert
>
>
Henk

Oh, wait a minute...   In a previous message you made it perfectly clear 
you don't trust me.... Why am I even replying ....



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