[OSM-talk] Attribution guideline status update

Nuno Caldeira nunocapelocaldeira at gmail.com
Fri Aug 9 17:17:08 UTC 2019


So you are saying that when we switched from CC to ODbL, the bellow 
quote was not true?

> Both licenses are “By Attribution” and “Share Alike”.

https://wiki.osmfoundation.org/wiki/Licence/Historic/We_Are_Changing_The_License#What_are_the_main_differences_between_the_old_and_the_new_license.3F


Also the license is clear, anyone that views, i don't have to interact 
to acknowledge the notice.

Às 18:08 de 09/08/2019, Kathleen Lu escreveu:
>
>     Guidelines by the licensor
>
>>     On legal advice, *what a Licensor says carries weight with users
>>     of our data and, potentially, to a judge*. A court would make a
>>     final decision on the issue, however we hope these guidelines are
>>     helpful to *avoid *disputes arising in the first place and can be
>>     considered by the courts in coming to their verdict. 
>
>     from https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines
>
>
> Nuno, you are quoting this like it's the law, but what you have quoted 
> here isn't the *law*, it's what *OSMF* thinks *might* happen and what 
> motivates OSMF to put out guidelines. Frankly, OSMF can choose to 
> change the language you have quoted as a part of changing the guidelines!
> Under the law, the licensor's opinion, as one party to the contract, 
> is taken into consideration. However, it is *not* the only thing that 
> matters. The words of the licence matter more, and if there is a 
> conflict between what the licensor thinks and what the licence says, 
> the words of the licence will control. In that case, the licensor is 
> simply "wrong" (and there are plenty of cases where that was the end 
> result).
> You are right that we hope to avoid disputes by setting out reasonable 
> guidelines, but if OSMF sets out guidelines that are unreasonable and 
> not tied to the language of the licence, then no one, either users of 
> the data or judges, will listen to OSMF, and, under the law, rightly so.
>
>
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