On Mon, Aug 9, 2010 at 7:10 PM, Julio Costa Zambelli
<julio.co...@openstreetmap.cl> wrote:
> We will have to ask the agencies to agree with the Contributor Terms
> but if we are changing to a PD license disguised as BY-SA (via the CT)
> they probably will not cooperate.

OSMF is not moving to "a PD license disguised as BY-SA", OSMF would
like to move to ODbL. however, it has to be pointed out that CC BY-SA
might be described as "a PD license disguised as BY-SA", since many
lawyers (including those at Creative Commons) think that CC BY-SA is
unsuitable for factual data (such as geodata) and may not be
enforceable in many jurisdictions (such as the USA).

> Even if the point four of the CT
> works as enough attribution (who knows).

whether section 4 is enough to allow CC BY compatibility is something
that OSMF is currently seeking legal advice on.

> As I said most of the agencies just asked us to attribute the source
> and we told them the way that we will do it. The ODbL (and for this
> matter any BY-SA License) does not seem to pose a problem to that, but
> that point three of the CT certainly may provoke a _huge_ mess.

if (as i hope) the lawyers say that section 4 of the CT ensures
compatibility with CC BY, why would section 3 pose a problem? if
section 4 requires that OSMF provide a method of attribution then that
couldn't be taken away by changes under section 3 unless a new version
of the CT were released - which would require asking every single
contributor and re-raising the problem of data loss: the very problem
that section 3 is supposed to alleviate.

> What is the idea of putting that condition there? If some people wants
> to migrate to Public Domain (and I have read many of them in this
> list), why not ask directly for a PD migration acceptance instead of
> asking people to accept this kind of CT as part of a BY-SA license
> change?

migration to PD is not part of the plan. the motivation for that
section is simply that needs and requirements change over time. when
the project was started CC BY-SA seemed like a perfectly valid
license. we're now 6 years on, and 2 years into trying to change the
license, because we were wrong about CC BY-SA. while we think ODbL is
far, far better - do we want to have the spectre of data loss again in
another 6 years if we prove to be wrong again?

> If this is voted as a package I will obviously have to vote against
> the change (I do not want to see 7/8 of the Chilean highways
> disappearing from the map in one day, not to say many POIs that we
> were about to import right now [hospitals, schools, etc.]).

no-one wants to see any data loss. that's one of the many reasons
we're moving from a BY-SA license to another BY-SA license. while
there is an option to declare your preference with regard to PD, this
is for information only.

cheers,

matt

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