[OSM-talk] Attribution guideline status update
kathleen.lu at mapbox.com
Fri Aug 9 17:56:35 UTC 2019
Where in CC-BY-SA's license does it say that attribution must be on top of
an image or that no interaction is allowed???
On Fri, Aug 9, 2019 at 10:17 AM Nuno Caldeira <nunocapelocaldeira at gmail.com>
> 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”.
> 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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