----- Original Message ----- From: "Frederik Ramm" <frede...@remote.org>
To: "David Murn" <da...@incanberra.com.au>
Cc: "Talk Openstreetmap" <talk@openstreetmap.org>
Sent: Friday, April 15, 2011 12:08 AM
Subject: Re: [OSM-talk] OpenStreetMap License Change Phase 3 begins Sunday



Hi,

David Murn wrote:
What about if you become aware that once youve got someone, who has
agreed and who has contributed tainted data?  Will you (or someone else
wielding the magical OSMF+3 wand) reverse it?

If data is "tainted" in a way that makes in incompatible with the
currently used license then it will have to be removed in order not to
put the project at risk (e.g. data copied from proprietary sources).
This is independent of the license change.

If data is "tainted" in a way that makes it compatible with the
currently used license, but it is likely that the data will have to be
removed should OSM ever change to a different license under the CT "2/3
of active mappers" clause, then things are difficult - it would
certainly be better in the long run to replace such data by data that is
fully compliant, and I would estimate tools to be developed that would
aim to gradually phase out such limited-release data and make sure such
data is not used to "build upon" if it can be avoided. But I don't think
it would be removed outright - I guess the decision will be delayed
until such time as anyone actually proposes changing the license again.

There's also a third kind of "tainted" that sits in the middle of these
two, namely data that has e.g. been released CC-BY. Such data looks
compatible at first, but closer inspection (see current discussion on
legal-talk) reveals that CC-BY explicitly forbids sublicensing, and
sublicensing is what the new scheme is all about. So in that case we'd
have a legal outcome (data being distributed with attribution) but an
untidy process that took us there. I don't know if this is a minor
problem that can be ignored, or a showstopper.


There's also a fourth kind of "tainted" data. Data that might be compatible with CC-BY-SA, and might be compatible with ODbL, but is incompatible with the CT's.

In which case the question becomes, if someone who has accepted the CT's, is in breach of the CT's because some data they have contributed in the past is incompatible with the CT's, will all their data be removed and their user account blocked?

Or is OSM happy to allow those people who are in breach of the CT's to continue to contribute to the project, in which case why bother having the CT's in the first place?

David


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"






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