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

2011-07-11 Thread Olaf Schmidt-Wischhöfer
Hi Tom,

> I have no problem with suggestions for changing the definition of an
> active mapper, though I personally don't think the current definition is
> a major problem and I also think that most of your attempts to show how
> that will disenfranchise people are very contrived and unlikely to be a
> significant issue in reality.

Just for the record: Both the wording of the CT and the behaviour of the 
sysadmins have disenfrachised me. I will never contribute to OpenStreetMap 
again (and not only because you are currently blocking my acount frpom 
contributing).

Olaf

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

2011-06-17 Thread Olaf Schmidt-Wischhöfer
Hi Grant,

> Please list the "problematic language" you are referring to... Your
> email on the 18th of Jan or your email in reply to Kai on the 6th Feb.

I see several small problems in the CT and two bigger problems. The bigger 
problems are related to the definition of "active contributor".

The first problem is that the right to vote depends upon being allowed to 
contribute. I have been repeatedly asked to trust the OSMF that they would 
never prevent people from contributing (and thereby loosing their right to 
vote), because this would destroy the community and so be against the interest 
of the OSMF. At the same time, I am currently prevented from contributing, 
even though I have publicly stated several times that I support the planned 
license change and only see problems in the CT, and even though I am willing 
to license my contributions under very broad terms to the OSMF.

The second problem is that the group entitled to vote is defined in a very 
restricting way. For example, someone who contributes for a period of 25 years 
and does all contibuting during holidaytime (e.g. in January and in July only) 
is never entitled to vote. The idea of giving only a part of the community the 
right to vote sees very unfair to me.

An easy way to fix these problems would be to simply give all past 
contributors the right to vote, unless they fail to respond to an email that 
asks them to confirm their wish to still have the voting right. This could be 
combined with a minimum threshold (e.g. a minimum total amount of 
contributions or of contribution days/months).

I will not discuss the minor problems now, because I fear personal attacks 
from people who have a different motivation for contributing if I point these 
out. If the OSMF is willing to adress the major problems, then I might also 
contribute some ideas about how to fix the minor issues, but I will not do so 
while the threat to remove me from the community by force is still active.

Olaf

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Re: [OSM-legal-talk] Contributor Terms upgrade ready

2011-01-18 Thread Olaf Schmidt-Wischhöfer
Hi Mike,

on December 5, you wrote an email to this list that the words "and any party 
that receives Your Contents" in section 2 were only added because of a cock-up 
and you promised to investigate. Now they are in the final text as well, but 
not marked as such in the diff marked version.

The effect of these additional words is that all content becomes available to 
everyone without any limitation whatsoever, i.e. it makes all contributions 
effectively public domain.

Can you confirm that this is the only undocumented change, that it was a 
mistake, and that it will be corrected before going live?

I would also like to give you feedback on the new CT. They are improved over 
the old version, but they still do not address my main concern that I 
described in the second half of an email I sent in November:
http://lists.openstreetmap.org/pipermail/legal-talk/2010-November/005256.html

Olaf

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Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-14 Thread Olaf Schmidt-Wischhöfer
Hi,, 

> NB: we've been asked to suggest changes to the CT's if we think they
> are unclear. I cannot remember whether you caught that.

Where should these suggestions be made?

My last suggested change, posted to this list, received no response at all 
from the licensing working group. (The problem is not that other people 
disagreed with my suggestion and gave me feedback will probably lead me to 
suggest an entirely different change. The problem is that I will not spend the 
time doing so if the licensing workgroup doesn't care anyway.)

Olaf



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[OSM-legal-talk] CT, section 3

2010-11-25 Thread Olaf Schmidt-Wischhöfer
Hi,

a few days ago Richard Weait asked for suggestions patches from people who 
critized CT v. 1.0. I therefore decided to join this mailing list and post a 
suggestion myself.

I am perfectly fine with the ODbL but am unhappy with the CT, because I am not 
allowed to opt-out of license changes that I object to.

My suggestion is the following change to section 3:

  3. OSMF agrees to use or sub-license Your Contents as part of a database and
  only under the terms of one or more of the following licences: ODbL, version
  1.0 or later, for the database and DbCL, version 1.0 or later, for the
  individual contents of the database; CC-BY-SA, version 2.0 or later; or
  such other licence as may be approved by the process defined in section 3.1
  and section 3.2.

  3.1. A free and open license can be chosen by a vote of the OSMF membership
  and approved by at least a 2/3 majority vote of active contributors. An
  "active contributor" is defined as: a contributor natural person (whether
  using a single or multiple accounts) who that has edited the Project in any
  3 calendar months from the last 12 months (i.e. there is a demonstrated
  interest over time); and has maintained a valid email address in their
  registration profile and responds within 3 weeks.

  3.2. OSMF agrees to inform You of all newly approved licenses if You
  maintain a valid email address in their registration profile. OSMF agrees
  not to relicense Your Content to the newly approved licence if You object to
  the license approval within 6 weeks.

Apart from the opt-out clause, I also added "or later" to make it easier to do 
license changes that are already possible anyway. (Both CC-BY-SA and ODbL 
contain clauses that allow upgrading to a later version.)

I will offer a thought experiment to explain why I believe the option to 
object is important. Consider the extremely unlikely event that the OSFM 
suddenly turns evil and wants to sell the OpenStreetMap database content to a 
proprietary competitor. It could then lock out nearly all contributors from 
the system, and make sure that only a few people can continue contributing. 
Those few people could then very easily vote with a 2/3 majority to relicence 
the database to the Public Domain license, which is free and open. It could 
also decide not to publicly release this PD version but to only sell it to the 
competitor.

I know that this thought experiment is absurd. I generally trust the OSFM to 
do the right thing. But I would be far more comfortable with being able to 
opt-out of any license change that I consider problematic.

Thanks for the hard work that the LWG and all other CT revision contributors 
are doing! The process of updating the CT and of responding to criticism 
within the community is far more important to me than the actual result of 
this update.

Olaf Schmidt-Wischhöfer

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