[OSM-talk] Transition to CC-4 instead of destroying data

[Simon Poole]

While this discussion is on the wrong list, I do believe one further 
comment is necessary.

The "upgrade clause" in 4.b of CC-by-SA 2.0

a) only applies to a Derivative Work. While this is only a small hurdle 
to surmount, it does mean that it doesn't apply to a one-to-one copy of 
the work

b) is a right granted to the the licensee. If we assume the popular 
"every mapper has IPR in his contribution and licenses that to the OSMF" 
pre-CT construction is correct, this implies that while the OSMF could 
distribute the database under a later licence, the relationship between 
mapper and OSMF would still be stuck with CC-by-SA 2.0 with all the 
related issues. If we take my favourite interpretation of  the pre-CT 
situation, then the OSMF is the initial licensor and only licensees 
obtaining the work from the OSMF would benefit from the upgrade clause.

Any way we attack the problem, we would still have to get express 
consent from every mapper to effectively address the issues of database 
rights and other issues that have been mentioned.

IANAL but I like playing one on OSM lists.

Simon