----- Original Message -----
From: "Rob Myers" <r...@robmyers.org>
To: <legal-talk@openstreetmap.org>
Sent: Friday, September 17, 2010 3:08 PM
Subject: Re: [OSM-legal-talk] OS Opendata & the new license
On 09/17/2010 02:46 PM, David Groom wrote:
In effect you are saying not to worry about the legal requirements in
the CT's, but rather to rely upon the idea that in the future OSMF will
behave in a certain way.
I am assuming that in the future OSMF will read the CTs and pause to think
before breaking the terms of an agreement that is the only thing allowing
them to use contributions.
In what way are you suggesting OSMF would breach the CT's? I've certainly
never suggested they would do such a thing.
So your whole premise that its OK to add data which requires attribution
on the basis the data will be removed if the attribution requirement is
removed rests upon:
a) the assumption that its OK to break the legal requirements of the
CT's because of an implied assumption about how the OSMF will behave in
the future
I don't understand this point, sorry.
By agreeing to the CT's you "legally" agree to do certain things. One of
those is that data you add will not infringe any third parties rights.
Where data you are submitting is based on CC-BY-SA type data, one of those
"rights" is that there will be attribution on the data. However, as the CT's
allow in the future "any free and open licence" to be chosen, then legally
you would be in breach of the CT's by adding CC-BY-SA data, because you cant
guarantee the attribution requirement which is required under CC-BY-SA.
I thought you were saying that you think that it is OK to do add such data,
on the assumption that OSMF would remove data in the future.
Hopefully you know understand the point, if not maybe someone else will be
able to explain it to you better than I can.
David
b) the assumption that all data which requires attribution will be
tagged as such (and there is no requirement at present for it to do so,
just good practice)
c) the assumption that the attribution tag cant be changed.
That seems a lot of assumptios to me.
Attribution will need some technical means of recording and
representation.
I'm not assuming tags cannot be changed. That was an example. Better
examples can clearly be found. :-)
- Rob.
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