----- Original Message -----
From: "Frederik Ramm" <frede...@remote.org>
To: <talk@openstreetmap.org>
Sent: Friday, April 15, 2011 12:11 PM
Subject: Re: [OSM-talk] OpenStreetMap License Change Phase 3 begins Sunday
Hi,
On 04/15/2011 10:13 AM, David Groom wrote:
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.
It would be very hard to construct something of that kind. The most common
thing is certainly going to be the above "third" case, where you have the
right to distribute data under CC-BY-SA or maybe even ODbL or maybe you
even have the right to distribute it under any license with a BY
component, but you do not have the right to authorize a third party (OSMF)
to perform such distribution.
For data of your "fourth" kind you would have to have a data provider who
says "you can use my data under CC-BY-SA or ODbL, and you have the right
to sublicense not only under these licenses, but you also under these
licenses plus the additional privilege of further sublicensing". I'm not
aware of such a situation even existing.
Surely all you need is a data provider who says "you can use my data under
CC-BY-SA or ODbL but you dont have the right to grant a worldwide,
royalty-free, non-exclusive, perpetual, irrevocable licence to do any act
that is restricted by copyright , in respect of my data"
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?
The best was to deal with such situations is to identify the affected data
and remove only that. Ideally, users should, when agreeing to the CT,
notify OSMF of those past contributions that are not CT compatible.
So your "ideal" is that people should agree to the CT's even if they know
that they are in breach of the CT's!
That's not my idea of "ideal", but I guess we will have to agree to differ
on this point, and wait to see what the official OSM position is on dealing
with people who are in breach of the CT's
David
The idea of accepting selected individual contributions without CT
agreement - i.e. contributions which are "CC-BY-SA or ODbL only with
sublicensing option" - has been floated over half a year ago, and this is
a real possibility for cases where data loss would be too great otherwise.
This would essentially defer data loss - the loss would not happen right
away but at some later time if the license is changed again. This will
always have to be a case-by-case decision by OSMF because it has the
potential to cause trouble in the future and puts holes in the shiny new
license regime we're hoping to have.
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?
As I said, there might be *selected* *individual* cases where we say "oh
well, we'll rather have your data now and accept that we have to remove it
if we should ever change the license again, than not have your data at
all". But just because we say so in one or two cases, doesn't mean we
abandon the idea of a simplified later license change altogether.
Bye
Frederik
_______________________________________________
talk mailing list
talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/talk
_______________________________________________
talk mailing list
talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/talk
