Re: [OSM-legal-talk] Legal review by ITO World's lawyer

[Peter Miller]

2009/3/14 Mike Collinson m...@ayeltd.biz

  [Off-list]

 Peter,

 Thank you very much for making this available. I'll be continuing to digest
 it line by line over the weekend.

 Mike
 (License Working Group)

Thanks.

I suggest we aim to have a list of questions of clarification on the wiki
page by the end of the weekend that I can go back to her with. We don't have
endless budget for this, but we can do one round of questions and then
possibly get an opinion on the Use Cases.

What is clear to me already is that the viral nature of these licenses means
that it takes time to get one's head around the issues. I was thinking
yesterday about the issue of jurisdictions and came up with this one. Ok, so
we need the DB tied to one jurisdiction so that it is enforceable (according
to our lawyer), so what happens when someone wants to create a derived ODbL
DB by merging two ODbL DBs, one released under America law and one under UK
law, and then that is merged with data from Korea etc etc. I believe that
would be impossible so we are in a bind. I continue to wonder if we are
heading for the same conclusion that CC did - that copy left data is a good
idea in theory but is a big mess in practice happy days


Regards,


Peter






 At 02:44 PM 13/03/2009, Peter Miller wrote:

 I have put the legal review we have received for the current license draft
 on the wiki. I have organised it so that we can comment and discuss the
 issues after each of the points on the wiki page if appropriate. I can't say
 that have understood all the points raised yet and their possible
 implications, but I thought it would be good to start getting more brains on
 it straight away.

 http://wiki.openstreetmap.org/wiki/ITO_World/ODbL_Licence_0.9_legal_review_for_ITO

 Can I suggest that we spend tomorrow and the weekend discussing it and then
 I can seek clarification on any key points on Monday from our lawyer and we
 can then put the key points to the OKM and to our own foundation lawyers.



 Regards,



 Peter
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Re: [OSM-legal-talk] License Telephone Debate

[Ulf Möller]

Here's a short summary:

OSMF was represented by Nick Black and Michael Collinson with Grant 
Slater and Henk Hoff joining in later on.

There were 150 participants on IRC, and about 20 on the conf call, with 
about 10 of them speaking.

Three main aspects were:

* Discussion on the license and implementation plan mainly between Peter 
Miller (ITO) and OSMF
* Discussion on how the process so far is seen by the German community 
in particular
* Factual questions on the ODbL

Some important points:

OSFM is trying to get ODbL 1.0 in place as soon as possible and fix 
problems in version 1.1 later on.

They would have hoped for more input from the community regarding the 
terms that users have to sign up to to upload data. (?)

The Use Cases were given to OSMF's legal counsil, the response is 
exptected next week.

The Working Group didn't have time to look into the Open Issues so far. 
Grant will take care of that now.

Even though that means that a number of fundamental questions remain 
unanswered, no reason is seen to change the timeline.

However, the time between the publication of the license and the vote 
will be increased from 3 to 10 days so as to allow legal review of the 
license.

OSMF will try to communicate the purpose of the license change better 
with emphasis on the ShareAlike issue. They will try to address the 
German, Italian, etc communities better.


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