Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-07-16 Thread Kai Krueger
I thought I'd throw in my $0.02 into the discussion as well.

First of all, I think it is good that we are having this discussion and I
hope that eventually we can come to a OSMF sanction conclusion (set of
community guidelines) one way or another.

Overall, I think the route via produced works is the correct way to go here.

For reverse geocoding I think declaring things as produced work is pretty
well justified.

The process is to take a geographic coordinate as input. This input is then
turned, with the help of a bunch of complex algorithms(e.g. nominatum), into
a (textual) rendering of an extract of the openstreetmap data. This textual
rendering is then stored and eventually displayed to a human observer. 

This is nearly exactly equivalent to the process of rendering map tiles.
I.e. you take four geographic coordinates (bounding box) as input. This
input is then turned, with the help of a bunch of complex algorithms (e.g.
mapnik), into a (bitmap) rendering of an extract of the openstreetmap data.
This bitmap rendering is then stored and eventually displayed to a human
observer.

Given that map tiles are universally considered as produced works, so should
imho be the result of reverse geocoding. As such, this should then also not
trigger share-a-like.

Just like one could take a proprietary database, use the stored lat/lon
values in that database and render a 256x256 pixel image of the map for each
entry of the database and store it back into the proprietary database
without infecting the database with the ODbL share-a-like, one should be
able to do the same with reverse geocoding.

Imho anything that is intended for (more or less) direct consumption by
humans is a produced work. 

For forward geocoding, the picture gets a bit more murky though, as the
distinction between what is for human consumption and what is data, and thus
a derived database, is much less clear cut.

If you geocode an address and then all you do with the the resulting lat/lon
is to display it in some form, then that is imho clearly also a produced
work and thus shields things from the ODbL share-a-like requirement.

However, once you start manipulating and computing with those lat/lon
values. E.g. to calculate the average distance between all of the POIs in
your proprietary db, the definition of produced work probably starts
breaking down, because the output of the geocoding process is no longer the
end product.

Where exactly that line is though between produced work and derived
database, I am not sure is obvious, and thus the intention of making the
license clearer would unfortunately not really be achieved.


Generally, I would consider my self as a proponent of share-a-like, but at
least to me personally, I would consider all of the use cases presented in
the proposed community guidelines as acceptable and within the spirit of
share-a-like requirement for the OSM database. But it probably needs a bit
more explanation of what you can and cannot do with the derived lat/lon
values of the geocoding process.

Kai





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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-07-16 Thread Kai Krueger
Robert Whittaker (OSM lists) wrote
 So the way I see it, if there's any (substantial) addition of external
 geo-data along the way, then that addition creates a derivative
 database, before the produced work is created. So if you want to
 publicly use this database (or any produced work based on it) then
 either the derivative database must be shared-alike, or the algorithm
 used to produce it and any additional input data must be shared.
 
 In the case of any substanitial amount of geocoding, you are clearly
 having to add additional geographic data to the OSM data in order to
 do the geocoding.

I would interpret it as quite the opposite and you are not adding any
substantial amount of geographical information.

You do query the db with external geo-data. But if the geocoder gives you a
result, the information was (in this form) already in the OSM database and
so you haven't added anything. If the data was not already in the OSM
database, then the geocoder will not spit out any result and thus you
haven't created any derived database (or anything else for that matter).

So in either case, the result(s) from the geocoding process are pure
OpenStreetMap data and there is no additional external geo-data added to the
output. Therefore this process then also does not trigger the share-a-like
clause in it self. And so as long as you don't use the resultant lat/lon in
a way incompatible with the definition of produced work, geocoding itself is
fine.




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[OSM-legal-talk] Creative-Commons 4.0 (first draft)

2012-04-02 Thread Kai Krueger
Hi,

I have just seen that Creative-Commons has released a first draft of their
new 4.0 license suit and thought it might be of interest to others on this
list. ( http://creativecommons.org/weblog/entry/32157 )

The draft for 4.0 now explicitly licenses database rights and addresses
licensing of databases. However, it does not extend restrictions through
contract where copyright and database rights do not restrict usage in the
first place. It also does not have the concept of produced works.

The new draft furthermore addresses attribution in massive collaboration
projects more flexibly than previous licenses by not having to attribute all
authors if the project wishes so.

Kai

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Re: [OSM-legal-talk] Feedback requested ... OSM Poland data

2012-03-08 Thread Kai Krueger

jaakkoh wrote
 
 Umh. Of course other (as in any) maps can be used for _some_ level of
 verification (such as: oh, there seems to b a rd here! I should go out
 and survey that!) -- Or should I rather say navigation to help in one's
 own surveying.
 
Furthermore, we are currently doing that on a large scale with our own data.
We are using CC-BY-SA data to verify where we need to re-survey to create an
ODbL database. There are even a whole bunch of great tools that make this as
easy and systematic as possible. So I presume that form of verification is
legal and is not covered by the share alike clause of the license.


jaakkoh wrote
 
 Perhaps we're going into nitty-gritty over the term verification, here?
 
Well, perhaps we do need to actually define the term much better to be able
to judge if that is a violation of copyright / the license. If their
definition of verification e.g does not go beyond the definition of
verification of CC-BY-SA / ODbL data, which has thus presumably been deemed
acceptable, then it wouldn't be an extra grant (which wouldn't really be
possible) but simply a clarification as various of the other community
guidelines that have been defined. If in turn this would lead to UMP
accepting to allow to keep their data, that would be a major win for all!

Kai

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Re: [OSM-legal-talk] data derived from UK Ordnace Survey

2011-07-06 Thread Kai Krueger

Robert Whittaker (OSM) wrote:
 
 On 16 June 2011 09:55, Richard Fairhurst lt;rich...@systemed.netgt;
 wrote:
 Robert Whittaker wrote:
 A major purpose of the CTs is to ensure that all the data
 remaining in OSM is suitable for re-licensing under any Free
 and Open license without the need for further checks.

 No, that hasn't been the case since Contributor Terms 1.2 were proposed
 in
 November 2010 and subsequently adopted.

 1.2.x say: If you contribute Contents, You are indicating that, as far
 as
 You know, You have the right to authorize OSMF to use and distribute
 those
 Contents under our _current_ licence terms (my emphasis).
 

Frederik Ramm wrote:
 
 On 06/16/11 12:31, Dermot McNally wrote:
 Does that not effectively rule out any future relicensing because the
 burden
 of checking existing data is just too high? I mean, how would one even
 *begin* to perform such a check, given that nobody is actually obliged
 to
 tell us what license restriction his externally-sourced data might be
 under?
 

Although it still seems to be controversial how clause 1 and 2 of the CT
interact, with the recent draft intent of the LWG to issue a clarifying
statement[1] that indeed data only has to be compatible with the current
license and thus clause 2 only applies to the rights held by the contributor
and not to all data contributed by the contributor, it might be a good time
to think about the practical implications of this.

As it currently stands, I am kind of with Frederik, that this basically
effectively rules out any future relicensing, as it is impossible to know
which rights (and restrictions) exist in the data at the moment.

Nevertheless, I think it is a reasonably good compromise between the
position of making it possible to use data other than PD data and still
having the flexibility to relicense if there really is a necessity in
future.

So the question is what can we do to make this compromise practically
feasible?


Frederik Ramm wrote:
 
 This situation could be made a little less of a problem by requesting 
 that anyone who contributes data that is not available for arbitrary 
 relicensing under the CT (i.e. any free and open license etc.etc.) 
 should flag such data in a well-defined way. Then, in a future 
 relicensing process we could assume that any data not flagged can be 
 relicensed at will, and only data that is flagged needs to be more 
 closely investigated.
 
I think this will be key. For all data, it needs to be clear a) who holds
any rights in the data and b) what exact restrictions apply to the data.

For all data originally collected by an osm contributor this is clearly
stated in clause 2. But there currently is no way to flag data as having
additional restrictions applied (because it is a third party import with an
attached license)

The best we currently have is the wiki import catalogue[2], but a) not all
imports are registered there and b) a lot of entries are useless with
respect to the exact licensing terms of the data and what agreements exist.

The most logical place perhaps to record such info is the OSM account. All
data that is contributed to OSM for which not all rights stated in section 2
of the contributor terms are given to OSMF, needs to be contributed under a
special osm account to which the exact licensing requirements are attached
and contact details of the original rights holder.

It is to some degree already the recommended practice, but it is in no way
enforced. For future relicensing to remain feasible, this would however need
to be enforced. 

For existing accounts, that have previously mixed data, it might need a more
fine grained possibility e.g. per changeset, to parcel out the rights held
in the data again.


Frederik Ramm wrote:
 
 It is too late to upgrade the CT with such a requirement, but we could 
 still set up a community norm to that effect.
 

I don't think it is too late to upgrade the CT, to clarify this and make it
explicit that you need to use a special osm account with a link to the
license if you cannot grant all rights mentioned in clause 2 and can only
comply with clause 1. These are local changes (unlike any changes to e.g.
the voting requirements), so there shouldn't be a problem if different
accounts use different versions of the CT, like it is already the case with
version 1.0 and 1.2.4.

Kai

 
[1] https://docs.google.com/View?id=dd9g3qjp_121dzjmk5c5
[2] http://wiki.openstreetmap.org/wiki/Import/Catalogue

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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-29 Thread Kai Krueger

Tom Hughes-3 wrote:
 
 If you have a better way of defining active contributor that is 
 workable then please tell us what it is.
 
One could have given voting rights to all people who have once reached
active contributor status and retain sufficient interest in the project to
keep their email address up to date and respond to the vote within 3 weeks.

This way, one would also have no need to write an automated script to move a
lone node around every month to ensure one retains voting rights.

However, Frederick is correct, that this kind of change to the CT (i.e.
definitions of who is allowed to vote and how)  is indeed very hard, as it
would be incompatible with the current CT, as it is a global change rather
than a change just effecting the local contributor. I.e. one can't do what
has been done with the upgrade from CT version 1 to 1.2.4 (i.e. different
people are on different versions of the CT), or what could be done to e.g.
clarify the meaning of the combination of clause 1 and 2 of the CT with
respect to third party rights.

What could however be done without requiring to reask everyone to update to
the latest CT, would be to include a sentence in that clause along the line
that OSMF may only ban you from editing if there is clear indication of
vandalism to the data or if other technical missuse can be shown. Thus
political banning of people who don't agree with the OSMF will no longer be
allowed and thus couldn't affect who is eligible for voting. Then one
wouldn't need to rely on the sysadmins being reasonable and the sysadmins
would not be in the awkward position of having to decide if OSMF is being
reasonable or not.



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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-06 Thread Kai Krueger

Richard Weait wrote:
 
 On Mon, Jun 6, 2011 at 9:23 AM, Maarten Deen lt;md...@xs4all.nlgt;
 wrote:
 Why is that 2/3 majority not sought for the current license move?
 
 Current respondents are far above 2/3 accepting the new license and
 contributor terms.
 
It is kind of ironic that people who use the accept the CT question to
vote on the transition to ODBL get told that this is not a vote if they
think ODBL is the correct licence for OSM but that they should only indicate
if they will accept that their personal contributions can be used under the
CT or even get told that they are poisonous people for withdrawing their
old data rather than just accepting and walking away from OSM if they don't
agree with the licence, to later hear the argument that X percent were in
favor of the new license so there you have your majority vote.

These two questions are very different!
1) Can and do you agree to relicence your personal contributions under the
new CT, irrespective of what your own opinion is of what the best license is
for OpenStreetMap
2) Do you think moving from CC-BY-SA to ODBL  is in the best interest of
OpenStreetMap as a whole, independent of if you can accept the CT for your
personal contributions so far


These questions could and should have been kept separate and there is no
technical reasons, why the 2/3 vote can not be applied to the current
transition from CC-BY-SA to ODBL after people have agreed to the CT.

But I am repeating my self...

Kai


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[OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-20 Thread Kai Krueger

I'd like to link to a recent interesting article on the OSM licensing change
on LWN (Linux Weekly News) as I haven't seen it be mentioned anywhere yet.

http://lwn.net/Articles/422493/

It also has a 60 entry long comment section. Although much is a rehash of
the the endless debates on OSMs own communication channels,
there are also a set of comments by user mlinksva from Creative Commons
(e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
that would suggest a possible, quite significant, change of attitude (or at
least a perceived change) of CC towards open data licensing and OSM.

I'll try and paraphrase some of the main points and hope I don't
missrepresent anyone.

- CC does not (no longer) think data should be PD and would be happy with
copyleft on data. The statements of CC saying data should be PD were from
science commons for scientific data only and was a misscommunication that it
was perceived as general CC viewpoint

- CC does care about data and either sees their licensing as potentially
valid for data or intend to make it work for data

- CC is (or will be) working on a new version 4 of their CC licenses, which
will apparently make every effort to address the needs of the open data
ecosystem

What exactly this all means, if it is indeed a shift away from the position
CC appears to have held previously, why it comes to light now and if it has
any relevance to the license change process for OSM I have no idea. But
perhaps we will find out more about this soon from CC as mlinksva mentioned
he wanted to follow up on these points publicly.

Their wiki page on version 4 ( http://wiki.creativecommons.org/Version_4 )
at least is still entirely empty. So it probably isn't anything around the
corner or of any certainty yet.

Kai
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Re: [OSM-legal-talk] How to deal with CC 2.0 data imports? Proposal Dual licensing of data under odbl-1.0

2010-10-29 Thread Kai Krueger


JohnSmitty wrote:
 
 That may not be enough, as they would have to agree to allow OSM to
 relicense it in future, not just agree to ODBL:
 

There appear to be some interesting thoughts about this in the most recent
LWG meeting minutes ( https://docs.google.com/View?id=dd9g3qjp_89cczk73gk )
in the Contributor Terms Revision section:

e.g.

If you want to import data copyrighted by others or where they are exerting
a copyright over data that you have derived by a method such as tracing, the
copyright should be compatible with ODbL 1.0.  You do not need to guarantee
that the copyright will be compatible with future licenses as may be adopted
under clause  4 below, but you should be aware that it may then be necessary
to delete such Content.

This might address some of the worries of having to delete imported
compatible datasets immediately. 

But I guess we will have to see what happens with this revision first to
understand its consequences and if they are changes or simply
clarifications. 

Kai
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Re: [OSM-legal-talk] OS Opendata the new license

2010-09-17 Thread Kai Krueger


Grant Slater wrote:
 Reply was that on b) explicit permission to sub-license is granted by
 their license with the conditions that required attribution is given and
 sub licensees keep said attribution. With this response b) was seen as
 compatible. Under a) it was advised there is an issue of sub-licensing.
 Asking source author for permission to contribute under CT was an option;
 as was to keep distributing said specific data under license. Item b) is
 still open AFAIK.

I am not a lawyer, and many subtile things get lost in paraphrasing
responses. But you state: and sub _licensees_ keep said attribution. The
CT don't appear to guarantee that. Clause 4, states ...OSMF agrees to
attribute You... It nowhere sais the license agrees to attribute, just that
OSMF as an entity agrees to attribute.

Assume for the moment the following scenario: OSMF move OSM to ODbL and CT.
Now at some later stage all active contributors have a vote and decided by
2/3 majority to release data PD. Clearly a free and open license and
allowed under CT. Clause 4 still stands so OSMF itself still has to
attribute. However, now someone founds OSMF2 and OSMF is allowed to die.
OSMF2 can take all data, as the data is PD and does not have to attribute.
OSMF would still have to attribute, but it no longer exists. At no point did
OSMF violate its contract with the contributors. OSMF2 is entirely separate
from OSMF, so no contractual obligations between OSMF and its contributors
carry over to OSMF2. Therefore, there is no attribution requirement left in
the data.

As there is always a possibility of OSMF sometime in the future stopping to
exist. (Forks actually have the same effect), any protection of the data
can't be part of the CT, but appears to have to be part of the license.

As I said, I am not a lawyer and might be missing something obviouse (like
how attribution chaining works in CC-BY and OS data license)

Kai
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Re: [OSM-legal-talk] New contributors and some data sources are not allowed under the CTs but too easy to access.

2010-08-19 Thread Kai Krueger


JohnSmitty wrote:
 
 In any case going forward unless something changes with the CTs many
 many many more people will be effected by this, does the OSM APIs have
 the ability to indicate if the account has agreed to the CTs and then
 update editors to prevent certain layers from being shown.
 
 Obviously this wouldn't prevent anyone with enough determination in
 using Nearmap or any other source of data which would be in conflict
 with the CTs but it would help newbies from making innocent
 mistakes...
 

A very similar mater appears to arise in a slightly different context.

Let's for the moment assume that the ODbL and CT were compatible with CC-BY
(like Ordnance Survey StreetView), NearMap and other attribution licenses
that have been used and thus can in general remain in Potlatch, Josm and the
other editiors. That however does still leave the substantial portion of
mappers who have ticked the I declare my edits to be PD option, which
surely makes them no longer compatible with these sources. These mappers
therefore then presumably can not use those sources without being in breach
of contract or license.

So it seems editors will need to keep track of background image licenses
anyway and with what they are compatible in order to warn or prevent the
user in an adequate way.

Luckily, the user details API call has recently received an update to
include the information of if users have accepted the CT and if they
declared their edits PD. Which means editors can be updated so that they
only display the options compatible with the users current choice of
license.

But yes, I think editors should be updated as soon as possible as to not
easily trap newbies and those mappers who don't want to be concerned with
legal matters into doing something illegal.

Kai


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Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Kai Krueger


Rob Myers wrote:
 
 If we are allowed to arbitrarily redefine how votes should be counted 
 then, as I say, only 6.05% of the total possible electorate voted 
 against relicencing.
 

There appear to be some indications that the LWG are at least considering a
final vote amongst all active contributors.

If indeed they decide to hold that final vote, then all the argument about
the previous votes if it does or does not represent the community if it is
or is not a majority becomes a mute point. In that case (should it be
successful) there would both be clear statement by the community that they
accept OdBL (i.e. they relicense the data) and that the majority of active
contributors agree that the consequences are clearly acceptable (vote for
flicking the switch over to OdBL).

That would allow everyone to draw their own conclusions if the relicensing
should go ahead and particularly based on all possible facts (unlike any of
the other votes that (could) have happened beforehand)

That way, it does not matter if there are 1 different criteria by 1
different contributors and decisions, as there will be a clear way to
arbitrate between them to ensure one single outcome that is clearly
acceptable to the majority.

In a case of such a vote, if you think the process was fine so far, then
great. And if you think the process was wrong and unfair,  then well it was
unfortunate and OSMF should learn from it, but it is in the past and the
future is what matters. So again no point on arguing about it any more. Lets
try and make this process (what ever the outcome) no more damaging to the
community as it already is.

So how about we give the LWG a bit of time to digest this thread, discuss
the possibility of a vote right at the end and wait for a clear statement by
them. (After all, they are only voluteers too and only meet once a week, so
they will need a bit of time) Having endless discussions on if what is in
the past was right or wrong on the other hand is of limited productive
value.

Kai
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Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-13 Thread Kai Krueger


Richard Fairhurst wrote:
 
 I hate to get all meta, but there seems to be a lot more fear of fear of
 the ODbL than fear of the ODbL (not to say the latter doesn't exist).

This meta fear is mostly due to the fact that the OSMF and LWG are refusing
to give even the most vague indication of what this procedure is going to
look like and what is acceptable or not.

If Richard's statement relayed through Frederik of that at least 90% of data
is an absolute minimum becomes binding, (which would still leave a huge
amount of room for wiggeling, after all 10% of data would be still 1 1/2
entire Germanys, or nearly all of Europe), much of that fear would likely go
away. 

So please let us have this discussion now and agree on some binding
_minimum_ requirements and free up the ODbL decission/vote from these meta
issues later on.

Kai
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Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-13 Thread Kai Krueger


Andy Allan wrote:
 
 Oh really? They are refusing to give any vague indication? That's news to
 me.
 
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Implementation_Plan
 
 Seems pretty detailed to me.
 

Ok, I'll quote from that document those section that are relevant to the
question at hand:

Phase 3: License Working Group meeting. Assessment of number of Decline
responses and number of people who haven't said either way. 

Pase4: subject to critical mass

I don't see a definition (or an attempt of one, or an order of magnitude
suggestion) of critical mass in that document (or any of the others). So how
is this detailed with respect to this point? If anyone can point me to
something concrete of what is or is not acceptable for a changeover
criterion, I'd be more than happy.

Your own, and other responses to this thread however again have shown, that
this process appears to be defined no further than lets see what happens
and then once we have the results, this criterion will present it self. It
won't! It will still be an n-dimensional decision and be no easier to
define, other than that you can change the criteria to make sure the result
you want emerges at the end rather than based on rational arguments as you
can now.   


Andy Allan wrote:
 
 Honestly, if we want to have a constructive debate, let's save the FUD
 and instead approach the issue sensibly. The LWG and the OSMF are some
 of the most respected people in the entire project, who have been
 working for literally *years* now on getting the best possible result
 for the project. Spreading rumours and attacking them isn't helping.
 

I am fully aware of that (and have indeed stated that in several of my
emails that I fully respect them and their work and think they are doing a
great job!). So perhaps I should should make clearer why I want this
information. I want to be able to stand up in the forums, the mailinglist
threads, in the diary entries or where ever else the flames might appear and
currently are appearing to try and convince people that the change to OdBL
is necessary and will change little for them, so no need for fear and that
the OSMF is not evil. However with respect to  the two currently imho most
controversial points that keep on coming up i.e. critical mass and data loss 
and the contributor terms, that allow PD thus ruling out most current
imports and thus potentially all subsequent manual work derived off it, I
don't feel I have anything other to say than trust OSMF, they have the best
of the project at hart. And a debate where that is the main argument feels
rather unsatisfactory to me when trying to defend something! Of cause, in
the end it will unfortunately boil down to trust, as (arbitrary number) 99%
of all OSM contributors aren't international IP lawyers and can't assess the
situation fully for them selves, but at least we can try and reduce the need
for trust (and at the same time build this trust) by e.g. defining some
minimum limits. Thats all I am asking for.

These are the two most important points, as the other points regarding OdBL
it self I think do have enough rational arguments to defend them and thus
with the hard work of everyone, people are starting to accept the necessity.  


Andy Allan wrote:
 
 If you need some more information, or you think something isn't clear,
 or if you find something that you want more information on, or if you
 want to offer to help, then let's keep it constructive and positive.
 

That is exactly what I am hoping this thread to be about. The additional
information of how it is decided, by whom, with what majority and based on
what criteria, if the licensing change can go ahead or not. I want this
information in order to ensure that that the change can go through
successfully.

And I think this thread alone has already shown (together with previous
discussions) that there is a need for this discussion. E.g. Frederik said
(paraphrased and exaggerated) it is about the data, not the contributors,
then Richard comes and sais nearly the exact opposite (see the statements on
talk-au for more details). So we aren't talking about 89.95% vs 89.96%, or
other fine details, but about fundamental discrepancies of how this
critical mass will be defined!

Kai
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Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-13 Thread Kai Krueger


Andy Allan wrote:
  other than that you can change the criteria to make sure the result
 you want emerges at the end rather than based on rational arguments as
 you
 can now.
 
 That's quite an offensive accusation, and I hope it was aimed at me
 rather than the LWG.
 

It was not aimed at anyone particular, other than at human psychology.
However, if I did offend someone, I would like to deeply apologise to them.

Kai


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