Re: [OSM-talk] FYI: Board now requires imports list (in)compatibility with OSM CT (& will work on a template)

2022-11-30 Thread Simon Poole


Am 30.11.2022 um 18:50 schrieb Minh Nguyen:

..
The contributor terms in question state:

This Agreement shall be governed by English law without regard to 
principles of conflict of law.
[1] 
https://wiki.osmfoundation.org/wiki/Special:PermanentLink/9165#Miscellaneous


My understanding of what the board wants is simply that the terms that 
we get to utilize 3rd party data under do not conflict with the 
contributor terms, that is something very different than asking a 3rd 
party source to agree to the contributor terms. Definitely the OSMF is 
free to, negotiate terms that do not specify English law.


Simon

PS: note on the side: the ODbL doesn't specify EN law.



OpenPGP_signature
Description: OpenPGP digital signature
___
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk


Re: [OSM-talk] FYI: Board now requires imports list (in)compatibility with OSM CT (& will work on a template)

2022-11-30 Thread Minh Nguyen

Vào lúc 06:49 2022-11-29, Simon Poole đã viết:


Am 29.11.2022 um 15:30 schrieb Greg Troxel:

   It seems obvious that asking a US
entity to enter into a contract under foreign law (and the same is
almost certainly true for any government entity in any other
jurisdiction) is just not going to fly.


You are assuming that the OSMF would require UK law, which might or 
might not be the case.


The contributor terms in question state:


This Agreement shall be governed by English law without regard to principles of 
conflict of law.
[1] 
https://wiki.osmfoundation.org/wiki/Special:PermanentLink/9165#Miscellaneous


--
m...@nguyen.cincinnati.oh.us



___
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk


Re: [OSM-talk] FYI: Board now requires imports list (in)compatibility with OSM CT (& will work on a template)

2022-11-30 Thread Tobias Knerr

On 29.11.22 16:38 Dave F wrote:
If it's a licence change by OSM then how can a maintainer of a database 
possibly account for a future, unspecified change who's implementation 
was out of their control?


Yes, it's about a license change by OSM.

I don't think it's outlandish to assume that at least some data donors 
are comfortable with such terms. After all, this is something that we 
expect of individual contributors: The Contributor Terms which every 
person with an OSM account has signed grants us (meaning the OSMF board 
and a 2/3 majority of active contributors) the right to switch to any 
unspecified open license in the future.


Could you expand on what you mean by 'legal text'. Is it a legally 
binding contract?


Answering by way of example: I would expect a similar implementation to 
the standard waiver we ask for before we import CC-BY data:

https://drive.google.com/file/d/0B3PN5zfbzThqeTdWR1l3SzJVcTg/view?resourcekey=0-PzVtHArfxvbYidpW2-AVTg

___
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk


Re: [OSM-talk] FYI: Board now requires imports list (in)compatibility with OSM CT (& will work on a template)

2022-11-30 Thread Tobias Knerr

On 29.11.22 08:14 Simon Poole wrote:
The main question is what "expect it to survive a hypothetical license 
change" implies. My expectation is that because of practical 
considerations any future licence would require downstream attribution 
of OSM so that the OSMF can continue to offer third party sources 
indirect attribution.


You have a point that it seems practical to look just at the more narrow 
scenario of another license that requires attribution of OSM. After all, 
a license change is not a high-probability event in the first place, and 
a change to a license that doesn't require some form of attribution 
seems even more unlikely. So it would be useful to be able to record 
something like "as long as attribution is ensured" for an import's 
license change compatibility.


___
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk