Frederik Ramm schrieb:
here's an interesting one.
May I add another one? ;-)
Suppose OSM has just changed its license to ODbL. A final CC-BY-SA planet has been released, non-relicensed data has been removed from the servers, and the project is again humming along nicely (relief!).
In the german forum someone just found 7.b in CC-by-sa: http://creativecommons.org/licenses/by-sa/2.0/legalcode "Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work)." And he had the opinion, that such date will never can change the licence. I answered: obey the next sentence: "Notwithstanding the above, Licensor reserves the right to release the Work under different license terms" So the way proposed would be Mapper "M" created a way "W", gave W to project "P-C" under licence CC-by-sa "C" P-C has the right to publish it for ever, but only under C ... but P-C must not do it, P-C may die ... Mapper M may gave W also to project "P-O" under licence ODBL/DBCL "O" P-O has the right to publish it for ever, but only under O ... (or combine to other products under licences X, Y, Z, ...) that's the way proposed: P-C will die officially (OSM under CC-by-sa), might be a last-CC-planet.osm exist, but also this is not necessary to fullfill CC-by-sa ... a new P-O will be opened officially (OSM under ODBL/DBCL, casually on the same hardware as P-C ...) with all M's which agree licence O So I anwered him that there is no problem ... Mmmmh ... Really no problem? That is the state at the beginning: M1 -> W1 -> P-C M2 -> W2 -> P-C M3 -> W3 -> P-C just now you may say, that: M4 -> W4 -> P-C/P-O M5 -> W5 -> P-C/P-O CC-by-sa says, that there is no problem with: M2 -> W2 -> P-O M3 -> W3 -> P-O M4 -> W4 -> P-O M5 -> W5 -> P-O (assuming M1 don't want to give his data under O) But how to do this technically? W2, W3, W4, W5 mostly only exists in P-C, because a mapper seldomly saves all his ways locally ... So the technical onliest possible way is P-C -> W2 -> P-O P-C -> W3 -> P-O P-C -> W4 -> P-O P-C -> W5 -> P-O but P-C has licence C (not only for old date, for new ones double licenced, too, because infected) and all data extracted from P-C also must have licence C so P-O is still under licence C (which don't allow another licence?) so skipping licence C in P-O failed ... If I write a book and gave it under CC-by-sa to the publishing house A, than I may give it also to publishing house B under licence XY. The processs proposed now for OSM "translated to books": "Sorry, I don't have anymore a CD containing my book, hey B, please scan the book from A and republish it unter XY instead of CC" then XY fails ... Mmmmmh... Do we have any problem? (Besides lot of other problems ...) If we state, that we can't trace data from last-CC-planet.osm to ODBL-OSM, we also cannot "copy" digitally from it for ODBL-OSM, because this data is CC-infected for ever ... And the mapper cannot change this by only saying "yes" ... We not only have to ask the mapper, if he give us a second licence, HE also has to give us HIS way and only HIS data without edits ... and so on ... I fear, that only throwing away data from mappers, who say no or nothing, is no way to skip CC ... ??? P-O is still a derivative Work of P-C under CC only!? Mueck _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
