Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Frederik Ramm
Hi,

John Wilbanks wrote:
> If this were the case, we'd have taken in the ODbL, or we'd have written 
> something like it. With CC's position in the licensing space it'd have 
> been quickly adopted - people have been pressing me to get a database 
> license out for five years.
> 
> This would be so much easier than arguing for "no licenses" that I wish 
> it were true. Gad, I'd love to have something to recommend rather than 
> "give it all away and make it really free".

To back this up, here's a 1.5 years old blog entry from John Wilbanks 
about SC working on data licensing (or not licensing):

http://network.nature.com/people/wilbanks/blog/2007/12/17/open-access-data-boring-but-important

It neatly tells the story how they set out to clarify what the CC 
licenses meant for data, then found that something like a share-alike 
element was difficult to implement and thought "ok let's go for 
attribution at least", and in the end felt compelled to even drop that.

Whether one agrees to their conclusion or not, I am tempted to believe 
that, initially, they really wanted their existing set of CC licenses to 
work for data, and the whole development from there to the current "Open 
Access Data Protocol" (which is, bluntly speaking, PD with a moral 
component) is simply the result of reality-testing their wishful thinking.

Bye
Frederik

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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Liz
On Thu, 26 Mar 2009, Andy Allan wrote:
> I disagree with you there Steve. The problem is that *we're the guys
> building the engine*, and yet we don't know how the engine management
> system works.
>
> Whilst it doesn't need to be simple enough for *everyone* to
> understand (you can do the "I trust him and he knows what he's talking
> about" approach that you take with your car), when I can't get my head
> around how the license impacts the OpenCycleMap operations (am I
> running a collective or derived db? Do I need to release PostGIS
> dumps? Can I CC-BY-SA license the tiles?) then there is a complexity
> problem, and it probably needs more serious addressing than dismissing
> it as "superfluous".

My attention has just been drawn (by the latest new Scientist magazine in my 
house) to http://www.wikimapaid.org/a/wikimapaid and 
http://www.wikicrimes.org
which are both built on google map data.

In the current situation, no-one can decide to build one of these on OSM 
because the definitions have not been given on (for example) "What is a 
derived database?"

I have to say that I cannot vote for this licence over the previous one, 
because not enough information has been made available concerning the 
peripheral issues, which concern exactly how we will use the database.

Liz



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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Rob Myers
SteveC wrote:
>
> No I think there are some substantial issues, but they're inflated  
> because of the PoV.

I didn't have a chance to get to Science Commons while I was in Boston
last week but I did talk to various people who are Smarter Than Me (tm)
from the FSF and CC and none of them supported copyleft (actually
share-alike) on data. A couple mentioned John specifically.

I still do not entirely agree with them. But I am concerned that, even
if defending the freedom to use geodata against the problems that
Science Commons has chosen (for what they feel are good reasons) not to
address (EU DB right, US database copyright, contract law) is the right
thing to do, the ODbL may end up being ineffective. And that in
jurisdictions those problems do not apply, addressing them by creating
rights in order to give them away may end up being counter-productive.

The Creative Commons licences import strong Moral Rights and Copyright
to where they might not otherwise apply in law or in practice. The ODbL
has the danger of doing the same for Database Right.

And I am really, really worried about the contract element of the ODbL.
All it will take is one database dump of OSM left on a DVD on a bus in a
non-DB-right jurisdiction and that's it...

- Rob.



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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Andy Robinson (blackadder-lists)
"(contract fusion, database fission and
anti-copyright-matter)". Inspired :-)

Cheers

Andy

>-Original Message-
>From: legal-talk-boun...@openstreetmap.org [mailto:legal-talk-
>boun...@openstreetmap.org] On Behalf Of Andy Allan
>Sent: 25 March 2009 7:09 PM
>To: Licensing and other legal discussions.
>Subject: Re: [OSM-legal-talk] ODbL comments from Creative Commons
>
>On Wed, Mar 25, 2009 at 6:37 PM, SteveC  wrote:
>>
>> On 25 Mar 2009, at 11:34, Andy Allan wrote:
>>
>>> On Wed, Mar 25, 2009 at 5:36 PM, SteveC  wrote:
>>>> On 22 Mar 2009, at 06:08, 80n wrote:
>>>> The complexity arguments are largely superfluous.
>>>> [...]
>>>> I get in my car every day and drive to work without knowing
>>>> how the engine management system works but it's not a 'show stopper'.
>>>
>>> I disagree with you there Steve. The problem is that *we're the guys
>>> building the engine*, and yet we don't know how the engine management
>>> system works.
>>
>> I agree that the authors and groups who built the GPL need to
>> understand it, at least to the degree possible with no training in
>> law, but do I as a user and contributor to GNU/LINUX need to? That I
>> thought was the point?
>
>A) The GPLEMU - an engine management unit already used in 14,000
>models of car, and 12 other manufactures. I'm heading up the OCMcar
>project, and someone suggested using the GPLEMU. I see cars using the
>EMU all over the place. It's been roadtested for ten years. People
>have sued each other over it, and it's still fine. I'm pretty happy
>using the GPLEMU in the OCMcar project, even though I don't understand
>it. I don't really need to scrutinise it much.
>
>B) The ODbLEMU - an engine management unit that's not finished yet. It
>uses three technologies (contract fusion, database fission and
>anti-copyright-matter) that have never been tried before in
>combination. It's complex. It's untested. It's not even finished, but
>it will be real soon now. It's probably going to work, because the
>guys who are making it seem pretty smart and their hearts are in the
>right place, but then again, it might not. Reports back from other
>Physicst-legals suggest that there might be fundamental science
>problems combining those three technologies that simply can't be
>overcome.
>
>The OCMcar project board (OCMcarF) are asking me whether I should bet
>the farm on the ODbLEMU. I say we need to think it over carefully, and
>give it way more scrutiny than I would the GPLEMU. Can you see why?
>
>Cheers,
>Andy
>
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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Andy Allan
On Wed, Mar 25, 2009 at 6:37 PM, SteveC  wrote:
>
> On 25 Mar 2009, at 11:34, Andy Allan wrote:
>
>> On Wed, Mar 25, 2009 at 5:36 PM, SteveC  wrote:
>>> On 22 Mar 2009, at 06:08, 80n wrote:
>>> The complexity arguments are largely superfluous.
>>> [...]
>>> I get in my car every day and drive to work without knowing
>>> how the engine management system works but it's not a 'show stopper'.
>>
>> I disagree with you there Steve. The problem is that *we're the guys
>> building the engine*, and yet we don't know how the engine management
>> system works.
>
> I agree that the authors and groups who built the GPL need to
> understand it, at least to the degree possible with no training in
> law, but do I as a user and contributor to GNU/LINUX need to? That I
> thought was the point?

A) The GPLEMU - an engine management unit already used in 14,000
models of car, and 12 other manufactures. I'm heading up the OCMcar
project, and someone suggested using the GPLEMU. I see cars using the
EMU all over the place. It's been roadtested for ten years. People
have sued each other over it, and it's still fine. I'm pretty happy
using the GPLEMU in the OCMcar project, even though I don't understand
it. I don't really need to scrutinise it much.

B) The ODbLEMU - an engine management unit that's not finished yet. It
uses three technologies (contract fusion, database fission and
anti-copyright-matter) that have never been tried before in
combination. It's complex. It's untested. It's not even finished, but
it will be real soon now. It's probably going to work, because the
guys who are making it seem pretty smart and their hearts are in the
right place, but then again, it might not. Reports back from other
Physicst-legals suggest that there might be fundamental science
problems combining those three technologies that simply can't be
overcome.

The OCMcar project board (OCMcarF) are asking me whether I should bet
the farm on the ODbLEMU. I say we need to think it over carefully, and
give it way more scrutiny than I would the GPLEMU. Can you see why?

Cheers,
Andy

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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread John Wilbanks
 >>
Steve wrote:

John I would assert that you're more worried about perceived
competition for your licenses
 >>

JTW says:

If this were the case, we'd have taken in the ODbL, or we'd have written 
something like it. With CC's position in the licensing space it'd have 
been quickly adopted - people have been pressing me to get a database 
license out for five years.

This would be so much easier than arguing for "no licenses" that I wish 
it were true. Gad, I'd love to have something to recommend rather than 
"give it all away and make it really free".

 >>
Steve wrote:

and that there are people out there who
want to be able to keep attribution and share-alike. I appreciate that
you're trying to stop people opening pandoras box and shoe horn the
cornucopia of people who might want a database license in to the PDDL
before they can figure out there are other options... but ultimately
it's not going to work. Someone else, somewhere will try to do another
ODbL even if you succeed stopping this one and ultimately people will
use it.
 >>

JTW says:

This is deeply true and well taken. But as I've always tried to note, my 
job is to try and fight for the public domain in the sciences, and the 
existence of these licenses is a threat simply by the opening of the box 
(and Steve - thank you for this comment and appreciation. Seriously).

Thus, I have to try to push the rock up the hill, however Sisyphean the 
task. Just because it's hard doesn't make it pointless. Unlike software, 
there is not a governing set of laws that require us to apply the ideas 
of property to create openness, and unlike software, the ideas of 
property may well hurt our task. Time will tell.

I think OSM is a good community. I believe you've given me a good 
hearing, for which I thank you. And I accept that you've made the 
decision that you want SA. Based on a lengthy back and forth with Rufus 
and Jordan this morning, I'm going to take my high level issues with the 
license back to the okfn-list, and I'll keep lurking here but only to 
watch and answer questions.

 >>
Steve wrote:

The simplest use case I can think of are all the companies who have
datasets that they're be happy with something like BY-SA but would
never release anything under PDDL. It's not going to fly to just tell
them all that they 'should' release things in to the public domain.
 >>

This is true, and is fine for them. It just makes that data 
significantly less interoperable.

I believe that many communities will come along and re-open that 
Pandora's Box, encode their own versions of share-alike, and we won't be 
able to put the data together. I hope I'm wrong, and the nice thing is 
that we'll have data in a few years to tell us the outcome.

jtw

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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Frederik Ramm
Hi,

SteveC wrote:
> I agree that the authors and groups who built the GPL need to  
> understand it, at least to the degree possible with no training in  
> law, but do I as a user and contributor to GNU/LINUX need to? That I  
> thought was the point?

Ideally I would expect that someone who puts his project under GPL has 
thought about what he wants to achieve and made a conscious decision 
that GPL is the best way to get there.

But the GPL is so widely used already, and GPL users come under such 
scrutiny, that I can afford to let examples guide me through GPL. I can, 
for example, be reasonably sure that the GPL does *not* require me to 
ship my code on CD-ROM to remote parts of Africa and pay the shipping 
cost, because if it were so, lots of projects would have been crushed 
already and this would be public knowledge. In the same vein, I can 
watch existing GPL usage patterns and decide that my project fits in 
there ("I want exactly the same as X").

This is not the case with ODbL. If OSM should approve the ODbL then we 
would be the first big user of that license. If our users come asking 
"can we do X", we can't say "just look what all the others do". And 
neither can we say "dunno, ask a lawyer" without looking really really 
stupid ("so you guys went through this tremendous relicensing effort, 
lost an arm and a leg in the process, and you don't even know what you 
did it for?").

Bye
Frederik

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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-23 Thread Peter Miller

On 23 Mar 2009, at 12:47, John Wilbanks wrote:

>
>> From: Richard Fairhurst 
>> Though I have a lot of time for CC in general, and agree with their  
>> general
>> stance that PD is the ideal way to go, I don't really find that a  
>> very
>> useful response.
>>
>> I count 20 occurrences of the word "science", "scientists" or  
>> similar; eight
>> of "education" and "educator"; but not a single one of "map" or  
>> "geo".
>
> If this were the "Open Street Map License" and not the "Open Database
> License" it's unlikely we would have such a strong opinion. It's one
> thing for a community of practice to embed its norms in its own  
> license.
> It's quite another to create such a license and promote its use for  
> all
> databases.

>
>
> Though I disagree fundamentally with share-alike on data for a lot of
> reasons, I disagree even more with the promotion of the idea of
> licensing into data generally. This isn't simply about OSM writing its
> own license - it's about the promotion of the idea that complex
> licensing in the name of "freedom" is a good idea, and that's going to
> have effects that reach far beyond your community, indeed, into places
> where the public domain has to date been the vital steward of data  
> sharing.
>
> Software and culture work pretty well for the promotion of single
> licenses. But a database of mapping and geo is very different from a
> database of biology, chemistry, or physics. And it's even more  
> different
> than a database of cultural works. The promotion of a geomapping set  
> of
> norms as an "open database license" is part of the reason I have  
> such an
> allergic reaction to this license. I'd far prefer this be the OSM
> license, but so far, it's being promoted as a generic solution and as
> such it's going to be considered by scientists, educators, loop
> creators, and on and on and on. So comments *must* address concerns  
> that
> go beyond those of the immediate community.


However checking ODbL against OSM has provided a useful reality check  
for ODbL and has shown up some weaknesses even with quite simple Use  
Cases. Also, it has become clear that ODbL is not going to define some  
terms, such as 'substantial' which will leave it for others to guess  
at or fight about in the courts and many potential users may decide  
not to take the risk as a result. It may not have been appropriate or  
possibly for the license authors to define the terms but it does show  
up a practical problem with a license that depends on ill-defined  
categories.

As for OSM doing its own custom license, I think that is a bad idea  
because it is important that the data can be combined and reused with  
other datasets . Personally I am still trying to make ODbL work as  
well we we can because it will open up other questions and delays if  
OSM rejects it however I do see where John is coming from on all this.

For now we have asked a lot of questions and are now awaiting  
responses from OSMF and Jordan.



Regards,



Peter Miller



>

>
> jtw
>
> -- 
>
> 
> John Wilbanks
>
> VP for Science, Creative Commons
> http://creativecommons.org
> http://sciencecommons.org
> http://neurocommons.org
>
> "We make sharing easy, legal, and scalable."
> 
>
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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-23 Thread John Wilbanks
 > But open data is much more than just science and education. It's more 
 > than OSM; it's more than maps. The assiduous
 > how-late-is-my-sodding-train-today people on our town website, for
 > example, are creating a database that could potentially be licensed
 > openly.

Well put.

Then let's open up the license working group to science and education 
and OSM and more.

Then let's do a real analysis of the environmental impact of the license 
on other communities where the PD is already working and could be 
enclosed by an "open" database license.

Then let's have more than a short window of comment time.

But as far as I can tell, this is an OSM driven event. I don't know 
anyone outside OSM as a community rep that's on the working group. Yet 
it's being called an Open Database License for cross-community use.

We spent about three years working on this across a range of scientific 
disciplines. CC has analyzed it in the context of education and culture.

We came to the PD conclusion. OSM doesn't want to go PD - that's fine, 
in the end. But when you call the license written by and for a 
streetmapping community a solution for the rest of the world when the 
DBs and norms involved vary so much...well, it's odd to then get mad 
when the rest of the world comes in and comments on it.

Your community cares more about reciprocity than interoperability. 
That's fine and dandy for you. But you're proposing to promote your 
solution, a complex one engineered and tuned for you, as something that 
is a generic solution *without doing the research* as to how it will 
work in generic situations. That's not fine and dandy.

I am unaware of a single community other than OSM looking at this 
license. I've asked OKF and got the null response. Does anyone here know 
of another? I'd really like to know.

Trust me, I have a lot of other things to do with my time. But as long 
as this license gets promoted as a generic solution for "open data" it 
gets debated inside science, and that has the direct consequence of 
enclosing the public domain in my space. My job is to prevent that. If 
the name could simply be changed I would have a lot less problems here...

jtw

-- 


John Wilbanks

VP for Science, Creative Commons
http://creativecommons.org
http://sciencecommons.org
http://neurocommons.org

"We make sharing easy, legal, and scalable."


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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-23 Thread Richard Fairhurst

John Wilbanks wrote:
> Software and culture work pretty well for the promotion of 
> single licenses. But a database of mapping and geo is very different 
> from a database of biology, chemistry, or physics. And it's even 
> more different than a database of cultural works. The promotion 
> of a geomapping set of norms as an "open database license" is 
> part of the reason I have such an allergic reaction to this license. 
> I'd far prefer this be the OSM license, but so far, it's being promoted 
> as a generic solution and as such it's going to be considered by 
> scientists, educators, loop creators, and on and on and on. So 
> comments *must* address concerns that go beyond those of the 
> immediate community.

Oh, I'd agree absolutely that comments on ODbL should be exactly that, and
not specifically comments on OSM's ODbL implementation. 

Nonetheless the CC response, to me, reads very much as one focused solely on
science and education (I understand that Thinh is a Science Commons type).
And given that, I'm not really sure why CC felt the need to restate an
already well-understood point.

The science/education guys already have a suite of licences/waivers - i.e.
CC0/Community Norms etc. - and full marks to them for getting this up and
running while the sharealike proponents are still scrapping over the old
derivative/collective chestnut.

But open data is much more than just science and education. It's more than
OSM; it's more than maps. The assiduous how-late-is-my-sodding-train-today
people on our town website, for example, are creating a database that could
potentially be licensed openly.

Now I _personally_ think this should be licensed permissively, just as I
think the same for OSM. Yet I don't (sadly) have a monopoly on licensing
decisions, and there are a lot of people who would like their data to be
licensed with a copyleft component. They do have a valid argument in the
geodata sphere, and in the train-running sphere, and in many others, because
in each case the market has hitherto been organised solely on commercial
lines - emphatically _not_ the case for science and only partly for
education. Community Norms are great but, even post-crash, there is no
shareholder value in respecting them[1]. That sucks. I know. But it's true.

So that's the hole that ODbL fills. A copyleft data licence for those who
want one. I understand CC's point when you say (paraphrasing) "we think such
a licence would have damaging effects when applied to science and
education", and I agree, but that's not what anyone is suggesting.

cheers
Richard

[1] It's maybe instructive that the market fundamentalists within OSM tend
to prefer sharealike - it fits into their worldview neatly - and the hippy
idealists like me tend to prefer PD. But I may be talking bollocks.
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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-23 Thread John Wilbanks

> From: Richard Fairhurst 
> Though I have a lot of time for CC in general, and agree with their general
> stance that PD is the ideal way to go, I don't really find that a very
> useful response.
> 
> I count 20 occurrences of the word "science", "scientists" or similar; eight
> of "education" and "educator"; but not a single one of "map" or "geo".

If this were the "Open Street Map License" and not the "Open Database 
License" it's unlikely we would have such a strong opinion. It's one 
thing for a community of practice to embed its norms in its own license. 
It's quite another to create such a license and promote its use for all 
databases.

Though I disagree fundamentally with share-alike on data for a lot of 
reasons, I disagree even more with the promotion of the idea of 
licensing into data generally. This isn't simply about OSM writing its 
own license - it's about the promotion of the idea that complex 
licensing in the name of "freedom" is a good idea, and that's going to 
have effects that reach far beyond your community, indeed, into places 
where the public domain has to date been the vital steward of data sharing.

Software and culture work pretty well for the promotion of single 
licenses. But a database of mapping and geo is very different from a 
database of biology, chemistry, or physics. And it's even more different 
than a database of cultural works. The promotion of a geomapping set of 
norms as an "open database license" is part of the reason I have such an 
allergic reaction to this license. I'd far prefer this be the OSM 
license, but so far, it's being promoted as a generic solution and as 
such it's going to be considered by scientists, educators, loop 
creators, and on and on and on. So comments *must* address concerns that 
go beyond those of the immediate community.

jtw

-- 


John Wilbanks

VP for Science, Creative Commons
http://creativecommons.org
http://sciencecommons.org
http://neurocommons.org

"We make sharing easy, legal, and scalable."


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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-23 Thread Richard Fairhurst

Ulf Möller wrote:
> Thinh Nguyen of Creative Commons has posted detailed comments on 
> the ODbL on the co-ment website.

Though I have a lot of time for CC in general, and agree with their general
stance that PD is the ideal way to go, I don't really find that a very
useful response.

I count 20 occurrences of the word "science", "scientists" or similar; eight
of "education" and "educator"; but not a single one of "map" or "geo".

cheers
Richard
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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-22 Thread 80n
Thinh Nguyen of Creative Commons writes:

> While some complexities are introduced by differences in background legal
> doctrines, others are introduced by the ODbL scheme itself.
>

These two points about the complexity of the ODbL are important ones that
probably haven't been discussed as much as they should have been.

As if the ODbL is not complex enough, when you add in the FIL and all the
other considerations that apply to the practical implementation within the
OSM context (eg click-through access for mirrored databases etc) then we
have something that, in my opinion, is near to being unusable.

Given that we have a goal of going from 100,000 contributors to 1 million
complexity is something that will cost the community a lot.  On my personal
list of issues complexity is one that I consider to be a show stopper.

80n

2009/3/21 Jean-Christophe Haessig 

> Le samedi 21 mars 2009 à 19:02 +0100, Ulf Möller a écrit :
> > Thinh Nguyen of Creative Commons has posted detailed comments on the
> > ODbL on the co-ment website.
>
> A large part of this comment focuses on the complexity of the ODbL.
> While simplicity is better, I think we should be allowed a reasonable
> amount of complexity in the writing of the license, if our goal is to
> make a license that can be reused by others, and if it makes the license
> more efficient and suited to our needs.
>
> My point is that licenses like CC or GPL are not that simple either, but
> their extended use makes them well-known and in this case a moderate
> amount of complexity is not a problem.
>
> JC
>
>
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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-22 Thread Simon Ward
On Sun, Mar 22, 2009 at 12:39:01AM +0100, Frederik Ramm wrote:
> What I wanted to say was that, to a certain degree, *any* certainty is 
> better than a random assortment of "may", "might", "the project 
> consensus seems to be that...", "i am not a lawyer but...", "depending 
> on your jurisdiction", and "depending on the judge's interpreation".

As I said, the terms do need to be more well defined, and defined the
same for everyone rather than relying solely on definitions in different
laws.  It’s an unfortunate fact that the licence will have a different
interpretation over the world whatever we do, but we can at least try to
solve the issues that we see rather than just giving up.

> I would very much like to avoid a situation in which an
> uncertainty in the interpretation of the license makes user A refrain
> from doing something (because he thinks it "might" be against the
> license) whereas user B brazenly does the same thing and gains some kind
> of advantage by doing it, and then A starts complaining to us.

Definitions of a Derived Database, Collective Database, Produced Work
and others are things we can make more clear to avoid uncertainty.

“Depending on jurisdiction” differences will be unavoidable.  The best
we can do is make it clear what is intended.  It does come back to my
comment about enforcing rights if they exist:  If there are fewer or no
copyright like rights in a jurisdiction, then everyone in that
jurisdiction is playing on the same pitch, and I feel they have more
freedom anyway.  If there are rights, we enforce them to keep the data
free in a jurisdicition that would allow another to keep data
proprietary.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


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Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-21 Thread Jean-Christophe Haessig
Le samedi 21 mars 2009 à 19:02 +0100, Ulf Möller a écrit :
> Thinh Nguyen of Creative Commons has posted detailed comments on the 
> ODbL on the co-ment website.

A large part of this comment focuses on the complexity of the ODbL.
While simplicity is better, I think we should be allowed a reasonable
amount of complexity in the writing of the license, if our goal is to
make a license that can be reused by others, and if it makes the license
more efficient and suited to our needs.

My point is that licenses like CC or GPL are not that simple either, but
their extended use makes them well-known and in this case a moderate
amount of complexity is not a problem.

JC



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