On 18 June 2011 15:01, Michael Collinson <m...@ayeltd.biz> wrote:
> In other words, for the LWG,  if data is compatible with *current* license
> terms, then there is no problem contributing it and accepting the
> contributor terms.

Many thanks for this. If that's how the Contributor Terms are to be
interpreted then that's fantastic, as it means I personally only need
to worry about OS OpenData being compatible with CC-By-SA -- which I
believe there's no issue with at all. One has to wonder why LWG has
taken so long to explain this though -- if you'd told me this when I
first emailed you with my argument as to why OS OpenData wasn't
compatible with Clause 2 of the CTs, you'd have saved a lot of
trouble.

Nevertheless, LWG's interpretation seems contrary to what a lot of
people were assuming. In particular, Francis Davey, the only Lawyer
that I know of who's publicly discussed the CTs, seems to take the
position that clause 2 applies to all contributions in his posts on
legal-talk. (In particular, he stated that you couldn't comply with
the CTs and make use of CC-By licensed data.) NearMap's lawyers also
apparently took the view that their CC-By-SA data wasn't compatible
with the CTs because of clause 2, and this wasn't challenged by LWG.

At worst the CTs are incorrectly drafted, and at best they're
sufficiently ambiguous that a trained lawyers interpret them in a
completely different manner to LWG. This really needs addressing, and
I'd like to see it done before the move to phase 4, or at least as
quickly as possible thereafter. You really should make sure the
wording of contracts correctly express your intentions before you ask
people to sign them.

I still take the view that *as the CTs are written* clause 2 would
apply to all contributions, which makes me uncomfortable signing them.
However, since the CTs represent a contract between myself and OSMF,
if it can be confirmed (eg by a statement from the OSMF chairman) that
your statement about the CTs is the official policy of OSMF, then I'd
be prepared to sign them based on that assurance.

Best wishes,

Robert.

-- 
Robert Whittaker

_______________________________________________
Talk-GB mailing list
Talk-GB@openstreetmap.org
http://lists.openstreetmap.org/listinfo/talk-gb

Reply via email to