On Wed, 2 Dec 2020 at 21:56, Michal Migurski <m...@teczno.com> wrote:
> First, the text of the ODbL is explicit about “reasonably calculated” 
> awareness. FB believes its maps comply with this. The ODbL does not require 
> that “every” person see the attribution. It requires that “any” person can.

I believe that you are wrong here. In ODbL 4.3, "any Person" is
synonymous with "every Person". The term "reasonably calculated"
modifies the whole clause, and is about the result of the scheme as a
whole, not "reasonable awareness" by individuals. It means that the
attribution method you use must be reasonably calculated to ensure
that *every* person viewing will be aware that content has come from
OpenStreetMap. Nowhere does the clause allow you to only provide the
opportunity for anyone to be able to discover the source if they
decide to, or to only ensure some people are aware. Yes, the
"reasonably calculated" means that not 100% of people necessarily have
to be aware, but the attribution scheme does have to have the purpose
and intention of making everyone aware. You have to be able to say
that under a reasonable assessment of the scheme, everyone viewing the
work will know of the ODbL source. I think it's clear this is not the
case for the current Facebook attribution, as clearly lots of people
will not choose to click on the "(i)" icon.

Given your interpretation of ODbL 4.3 and the statements you have made
so far, does this mean that you and/or Facebook are admitting that the
current Facebook attribution does not meet this stricter
interpretation of 4.3? i.e. the current Facebook attribution is not
"reasonably calculated" to ensure that every person who "uses, views,
accesses, interacts with, or is otherwise exposed to the Produced Work
aware that Content was obtained from" OpenStreetMap?

I think this is a crucial point that the OSM community needs an answer
to, given your candidacy for the OSMF Board.

Many thanks,

Robert.

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