Ed Avis wrote: > The licence should not try to impose additional restrictions on > people beyond their own country's copyright law (and other applicable > laws such as database right).
In which case OSM becomes public domain. I'm repeating myself, I'm afraid, but you can take two approaches with data. You can say "it's all PD". Or you can attempt to arm yourself to the teeth by deploying whatever tools are available in your jurisdiction: copyright, database right and contract. There is no middle ground. A weaker approach (say, a copyright-only licence like CC-BY-SA) won't be applicable in all countries, therefore in some places our data will be freely copiable. The settled will [1] of the OSM community is that we want a share-alike licence, therefore we will use the verbiage that is most likely to accomplish this in most jurisdictions. As of 2 July 2009, that's ODbL with the relevant sign-up stuff. When you say "Going down the road of a click-through EULA, which tries to impose additional restrictions and take away rights you had before, is not the right direction for a free data project such as OSM", you're talking from a "free software" perspective. Software's easy. Software is demonstrably copyrightable in 99% of jurisdictions. That isn't the case for factual data. If you don't impose additional restrictions over and above statute law, then there will be some countries in which your data is unprotected, and it will leak out from there. _Personally_ I don't think that's a bad thing - I'm a PD advocate through-and-through, as all of my released code will testify. Nonetheless if the OSM community wants a share-alike license, it has to use this sort of language. I kind of think it should be compulsory for anyone posting to legal-talk to demonstrate that they have read, and understood, Rural vs Feist and Mason vs Montgomery. You really can't apply the precepts of software licensing to factual data. cheers Richard [1] Not provably the majority, but that's another story. -- View this message in context: http://www.nabble.com/Privacy-and-Terms-tp24185975p24315227.html Sent from the OpenStreetMap - Legal Talk mailing list archive at Nabble.com. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
