On Tue, Oct 27, 2009 at 2:11 PM, Frederik Ramm <frede...@remote.org> wrote:
> Hi,
>
> Matt Amos wrote:
>> ODbL does exactly this: it is a copyright and database rights license,
>
> Can you explain this some more. I thought the copyright aspect was
> explicitly not covering the content (a fact that was actually critisised
> by a legal reviewer who found it too clumsy to have an extra license for
> the content).

indeed. the odbl says:

Copyright law varies between jurisdictions, but is likely to cover:
the Database model or schema, which is the structure, arrangement, and
organisation of the Database, and can also include the Database tables
and table indexes; the data entry and output sheets; and the Field
names of Contents stored in the Database.

it is a bit pointless, from an OSM point of view, to try and cover the
contents. we aim for accuracy in our maps, which means that they
should represent what is present in reality. in turn, this means that
the data is largely factual, not creative, and therefore attracts very
little copyright protection in many jurisdictions.

the map of monkey island, however, might be copyrightable. ;-)

>>> Thanks.  Those are indeed problems with the licence.  But only the first
>>> one is a reason to *drop* CC-BY-SA; the remaining ones are just as easily
>>> addressed by dual-licensing under both Creative Commons and some other,
>>> more permissive (and acceptable-to-some-lawyers) licence.  I would happily
>>> support such a move.
>>
>> you'd happily support distributing the data under a license which is
>> not likely to protect it?
>
> I think he's asking for evidence of "not likely".

that can be found in the "why cc by-sa is unsuitable" document. i went
into the first point at length, referencing some legal precedents
(mostly in the US). i've had several people look over and check the
document, including lawyers, so i'm fairly sure that the reasoning
isn't wrong. of course, any errors found are completely my fault. :-)

cheers,

matt

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