Hi,

Simon Biber wrote:
I and many others need a firm commitment to ensure contributions continue to be protected by attribution and share-alike in the future.

-1

(I mean, you may "need" that but you shouldn't get it. As an aside I also want to point out that the use of "continue to be protected" in your sentence does not fit with current wisdom about CC-BY-SA and our data.)

I am against trying to force our will on "OSM in 10 years". OSM in ten years will have a larger community and a larger data volume by orders of magnitude. I don't think it is right to force their hand in any way over and above the necessary minimum just because a few of us think so.

What exactly the necessary minimum is, is subject to discussion; I could imagine that the necessary minimum perhaps includes that we fix an attribution requirement, but a share-alike requirement would certainly be going too far.

It is bad enough if the share-alike minority force their will on the rest of the project now; we must not allow them to force their will on everybody who is in OSM in 10 years' time.

Oops. That wasn't exactly calming the waters, was it. But it needs to be said.

There is also a very practical reason against fixing anything, and *specifically* a share-alike requirement, in the CT, and that is that in order to make *clear* what you want you will have to write half a license into the CT.

Imagine that we put the phrase "a free and open license with attribution and share-alike" into the CT. Imagine further that, at some point in the future, a change to ODbL 1.1 is debated, and that ODbL 1.1 only had minor changes over ODbL 1.0.

Then someone comes along and says: "Sorry guys, the CT say that the new license must be share-alike. But ODbL is not properly share-alike, see, it allows non-share-alike produced works, and it allows non-share-alike extracts if they are not substantial!"

Bummer. At that time, we'll have one hell of a discussion about what exactly qualifies as a share-alike license and whether ODbL 1.1 is covered by the CT.

To avoid that, you would have to write into the CT exactly what you mean by share-alike. By doing so, the CT would become much longer and more complex, and drastically reduce the choice of license in the future even within the pool of share-alike licenses. Inevitably, we would write what we *today* think is right into the CT - but the whole point of allowing future OSM communities to choose their license is that they may adapt.

Trying to force their hand - when their contributions will vastly outnumber ours, and they will be 10 or hundred times more than we are now, would be overbearing. I don't think it would be morally right. The amount of data we have collected and the amount of time we have invested will, in 10 years' time, be minuscle compared to what the project is then, and using that contribution to justify wanting to have a say in OSM for all time is just greedy.

I am aware that this is a moral statement and that it will be required to do slightly less than what is morally right, for practical reasons. And that's ok; we're all pragmatic.

Bye
Frederik

_______________________________________________
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk

Reply via email to