On 16/05/2014 12:03, Martin Koppenhoefer wrote:

2014-05-16 11:42 GMT+02:00 Jean-Marc Liotier <j...@liotier.org <mailto:j...@liotier.org>>:

    As it stands now, there is nothing that prevents anyone from
contributing ODbL-licensed data into an ODbL-licensed database.

I agree with Peter here, there is something that can make you think twice about importing ODbL licensed data: the CTs. You not only have to comply to ODbL, but also to the CTs. http://www.osmfoundation.org/wiki/License/Contributor_Terms/FR

3. OSMF agrees that it may only 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 1.0 for the database and DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or such other free and open licence (for example, http://www.opendefinition.org/okd/) as may from time to time be chosen by a vote of the OSMF membership and approved by at least a 2/3 majority vote of active contributors.

Section 3. of the contributor terms demand agreement to the re-licensing process. The fact that one agrees about the re-licensing process does not imply that the terms of the hypothetical future license borne from that re-licensing process currently apply.

If the OSMF triggers triggers the re-licensing process, then a whole new can of worms will be opened and we shall have a fun discussion about its contents and how to get it approved by a 2/3 majority of active contributors. For now however, that container of invertebrates is not in our inventory and we operate within the scope of the ODbL.

While of course the contributor terms are governed by English law, I would like to cite Article 2 of the French Code Civil: "Legislation provides only for the future; it has no retrospective operation". It was written since 1803 and still applies today. Maybe as a French citizen I am suffering from cultural bias in seeing that principle as important, but I suspect that something like that exists in English law because even the English don't really wants to be ruled by laws that don't exist yet.

Even if a future license puts the whole Openstreetmap world upside down in a perfectly legal manner, it does not apply to us today. We have no obligation to comply to rules that do not exist.

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