Re: [OSM-legal-talk] [OSM-talk] The OSM licence: where we are, where we're going

2008-01-09 Thread Richard Fairhurst
rob wrote:

 Quoting Tom Hughes [EMAIL PROTECTED]:

 On the face it claims to work in those jurisdictions via contract
 law, but what is not clear to me is how you require people to enter
 into that contract.

 Yes this is my concern about the ODL. The GPL for example is a license
 not a contract in US law terms.

Although the recent Artistic License case has taken a different view:
http://lawandlifesiliconvalley.blogspot.com/2007/08/new-open-source-legal-decision-jacobsen.html

But I agree that it's an important (and interesting) question.

cheers
Richard


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Re: [OSM-legal-talk] [OSM-talk] The OSM licence: where we are, where we're going

2008-01-09 Thread Frederik Ramm
Hi,

 Not to protect
 OSM from a bad project, but to protect people from a bad instance
 of the data.

Sounds like you're targetting individuals whom you do not trust to  
make an informed choice.

I know that there are whole schools of philosophy reliant on the we  
know better what is good for the average man so we have to keep the  
tempations away from him but I don't subscribe to that.

You accuse Jochen of having an ideological commitment to market  
competition, but is your idea that the general population is too  
stupid to decide for themselves whether they want to use the free  
data or the non-free competition product any less ideological?

Bye
Frederik

-- 
Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00.09' E008°23.33'



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Re: [OSM-legal-talk] [OSM-talk] The OSM licence: where we are, where we're going

2008-01-09 Thread Richard Fairhurst
Hi again,

Rob and Frederik - I don't think it's too much of a leap to say that  
you're never going to convince each other. ;)

A note on consultation and community might be helpful.

As the Foundation we are, of course, keeping track of the different  
strands of opinion within the community (share-alike or not,  
attribution or not, and so on). List discussion is helpful for this,  
as was SOTM, and there are many more avenues where OSMers make their  
feelings known.

As the opengeodata posting states, We can’t change anything without  
you. You, not the Foundation, own the rights to your mapping. So our  
interest is in finding a solution that has a realistic chance of being  
adopted by the community.

Right now, this debate is part of an informal consultation, if you  
like. Now that we've posted the update, people are of course going to  
voice their views, and those will feed into the rough view of the OSM  
community. There will no doubt be more updates posted on opengeodata  
during which the rough view will evolve further.

If the rough view (for example) appeared to coalesce around ODCL  
looks good, let's do it now, we would be able to start work on a  
formal relicensing process. (I'd envisage, and this is very definitely  
only my perception rather than an as-yet adopted Foundation plan, that  
such relicensing could involve: discussion with the ODC authors until  
the licenses are in a state we consider usable; independent review by  
a qualified third party; and, finally, contacting every single  
registered OSM user to request their assent to the change.)

If this rough view, however, does not settle so neatly, then the  
Foundation will need to decide whether it should embark on a formal  
consultation before the relicensing (maybe like the poll that some  
have mentioned); and the outcome of that consultation would affect the  
proposed relicensing.

I should note that there's nothing[1] in this process that only the  
Foundation can do. It is something the Foundation _wants_ to do just  
because of its role to look after the best interests of the project.  
Anyone who wants to open discussions with a lawyer or stage their own  
poll is welcome to: I would hope that the Foundation is being open  
enough that no-one would feel the need to start a whole separate  
process, but the option is always there.

cheers
Richard

[1] except, in the event of a relicensing, a potential mail-out to  
every registered OSM user.



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