On Wed, 29 Apr 2020 at 11:22, Christoph Hormann <o...@imagico.de> wrote:
> And what i have also said several times before is that the only way you
> can consistently interpret the ODbL attribution requirement - what
> Martin quoted as:
>
> „You must include a notice associated with the Produced Work reasonably
> calculated to make any Person that uses, views, accesses, interacts
> with, or is otherwise exposed to the Produced Work aware that Content
> was obtained from the Database,...“
>
> is in the way that the determination if any Person that uses, views,
> accesses, interacts with, or is otherwise exposed to the Produced
> Work becomes aware that Content was obtained from the Database from the
> attribution provided needs to *be based on reason*.  So far no one has
> even attempted to explain the reasoning behind the expectation that a
> user of an application with hidden attribution becomes aware that
> Content was obtained from the Database.

Indeed. To put this another way -- and a lot of people seem to be
mis-understanding this -- whatever attribution an OSM licensee chooses
to employ, the licensee needs to be able to make a reasonable argument
that *every* user who views, interacts with, etc the produced work
will become aware that the content has come from OSM. Not just some
users, or those that choose to go looking for the data source, but
every user. The "reasonable" does not refer to how good the
attribution needs to be, or the expectation/ease of each user finding
it, or the space it takes up on the screen. It refers to the
calculation made by the licensee. The attribution must ensure -- in
the reasonable view of the licensee -- that every user will see it.

I fail to see how not showing a visible attribution to every user in
the normal course of their interaction with a produced work could
possibly be "reasonably calculated" to make everyone aware of the OSM
provenance. Hiding the attribution behind an "(i)" that you know most
users won't click on, or putting in on a splash screen that disappears
so quickly people won't get a chance to read it does not comply with
the ODbL in my opinion. I think we need to accept that this is what
our licence says, and take better steps to ensure licensees understand
this.

Robert.

-- 
Robert Whittaker

_______________________________________________
talk mailing list
talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/talk

Reply via email to