Hi,

On 07/28/2014 12:07 PM, Tadeusz Knapik wrote:
> What I'm not clear is if "community
> guidelines" are strong enough to able to change it without touching the
> license itself

There's a couple sides to this.

OSMF is limited to distributing the data under ODbL or CC-By-SA as per
the contributor terms; using any other license would require a license
change process as outlined in the contributor terms.

Now where the ODbL leaves wriggle room, OSMF can to a certain degree
interpret the license. Since OSMF are the ones who would have to sue you
if you ignore the license, if OSMF say "it is our interpretation that
so-and-so is ok" then you are relatively safe in trusting them.

However, if OSMF were to take too many liberties in interpreting the
license, and if someone were to make the point that what OSMF
distributes the data under is not the ODbL as it was intended, but
instead some "ODbL with OSMF bells and whistles", then that could
nullify the license that OSMF itself has been granted by the mappers.

It is quite possible that a lawyer who was asked to assert whether a
certain wriggle room exists or not, would not only look at the letter of
the license but also at the process that has led to its implementation,
or in other words, at the intention that people had when they
implemented the license.

And that, in turn, is probably why we're talking so much about use cases
and do-we-want-this and do-we-want-that...

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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