[OSM-talk] EULA's vs Creative Comons-type licenses

[Emil]

The canadian license is not compatible at all with CC
Attribution-ShareAlike. This is for the fundamental reason that it is
an EULA. It says in 4.4 :

"The Licensee shall license all individuals (or companies) who obtain
Data or Derivative Products from the Licensee the
_right_to_use_the_Data or Derivative Products by way of a license
agreement, and that agreement shall impose upon these individuals (or
companies) the same terms and conditions as those contained in section
4.0 of this Agreement." (my emphasis)

This is in contradiction to the CC licenses, which are not based on
contract law, but copyright law. They don't cover *uses* of the data,
but the exercising of rights covered by copyright law. (same with GNU
licenses).

e.g from http://creativecommons.org/licenses/by-sa/2.0/legalcode we
read "BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT
AND AGREE TO...." etc
You don't need to accept anything to merely *use* the data.

So to use the Canadian data, everyone would need to agree to the EULA
first.... Perhaps this won't contradict the CC license, but it will be
an enormous hassle, and I for one refuse to accept it (as I do with
all EULAs)

Emil