[Osmf-talk] my views on the ODbL
Richard Fairhurst
richard at systemeD.net
Sun Dec 6 00:24:55 UTC 2009
On 05/12/2009 21:31, Elizabeth Dodd wrote:
> The proposed licence is not a benefit to Australians in my view.
You have generously qualified this with "in my view" and I should point
out that I disagree with all the force I can muster.
I spent about two hours this morning writing a pretty detailed e-mail,
with all the case law citations you could want, explaining how the
recent Australian High Court judgement followed Rural v Feist in the US,
and therefore required the contract approach of ODbL rather than the
copyright-only approach of CC-BY-SA.
I don't think you have at all answered the points in that, and therefore
I stand by the viewpoint that in Australia, ODbL has the best chance of
any open, non-clickwrap licence of protecting OSM's data. CC-BY-SA will
not protect it at all.
The e-mail is here:
http://lists.openstreetmap.org/pipermail/osmf-talk/2009-December/000479.html
I don't mind that your vote is lost; but I hope that others will look
into the law and the references cited, rather than taking either yours,
or my, interpretations on trust.
Apologies for the cross-post, but you have raised this same point on all
three lists. For anyone good enough to read and reply, please do trim
the follow-ups.
Richard
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