[talk-au] A licence is like a bus ticket

FK270673 at fantasymail.de FK270673 at fantasymail.de
Sun Nov 13 19:34:15 GMT 2011


First of all, I would like to thank John Smith for answering my email. He wrote:

: "... most of the time were we simply told to shut up and go away since Australia wasn't big or important enough to care for our concerns."

I am really disappointed that the LWG didn't care sufficiently for individual concerns so far.

: "... there are many valid reasons why people haven't agreed to the CTs, well beyond mere personal ideology, most of which was never dealt with properly by OSM-F and are still hanging, ..."

: "since the content also becomes the property of the OSM-F."

Sorry, but I have to DISAGREE on this point. In the Contributor Terms, it is explicitly mentioned that "5. Except as set forth herein, You reserve ALL [property] RIGHT, title, and interest in and to Your Contents."

-> content does NOT become property of OSMF, because OSMF only gets a licence, not a property right:

: "2. [...] You hereby grant to OSMF a worldwide, royalty-free, NON-EXCLUSIVE, perpetual, irrevocable LICENCE to do any act that is restricted by copyright, database right or any related right over anything within the Contents"

A NON-EXCLUSIVE licence is like a bus ticket. With buying a ticket, the bus does NOT become passengers' property, but passengers get a right (licence) to ride the bus. 

-> content remains your property, but OSMF gets a right to use it.

OSMF may sell bus tickets and you have to carry all passengers with valid tickets sold by OSMF. You could also sell your own tickets or let your passengers ride free as you keep the property right for your content.

-> OSMF may sell tickets for your content which you have to accept. That's the only, unofficial idea of the Contributor Terms.

According to Paragraph 2, OSMF may sue fare dodgers. However, as it is a non-exclusive licence, you may sell other tickets to your passengers on your bus, protecting them from OSMF inspectors.

-> OSMF may sue fare dodgers on your content unless you give them a new licence.

As it is a NON-EXCLUSIVE licence, you may or may not accept tickets from one or many OTHER ticket sellers (FOSM, Google MapMaker, OSMF).

-> Your content might be used with many different tickets from other organisations.

However, OSMF wants that each content stored in their database may be used with an ODbL ticket. For reaching this, they have closed their bus stations for buses not accepting ODbL tickets. These buses will never become property of OSMF if they just accept ODbL tickets.

-> After the licence change, all remaining content may be used with an ODbL ticket. 

Those buses who refuse to accept ODbL tickets have to keep out from OSMF service area and will be replaced by new, identical bus routes. Consent of bus manufacturers is not necessary for a licence change as manufacturers usually give up their property rights after sale (in exchange for money).

-> If the Australian government agrees with using their content under an ODbL ticket, there is no reason why you should refuse it for your own content.

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