----- Original Message -----
From: "Rob Myers" <r...@robmyers.org>
To: <legal-t...@openstreetmap.org>
Sent: Friday, September 17, 2010 1:33 PM
Subject: Re: [OSM-legal-talk] OS Opendata & the new license
On 09/17/2010 01:22 PM, David Groom wrote:
But your missing the point. The since the CT's allow the possibility in
the future that data might be published without attribution, then its
impossible to contribute data (and still be acting in accordance with
the CT's) which absolutely requires that attribution.
Data contributed on the condition that it be attributed could not be used
if that condition is not met. OSM would be breaking its side of the
bargain, and so it would lose the right to use the data.
If you want to propose a rewrite of the CT's which has wording which
guarantees that any data which requires attribution will be removed, and
It's implicit. Making this explicit would be a good thing, I agree, but
Unfortuneatley its not implicit in anyting in the CT's, merely implied by
your understanding of how OSMF may behave in the future.
In effect you are saying not to worry about the legal requirements in the
CT's, but rather to rely upon the idea that in the future OSMF will behave
in a certain way.
You're welcome to that view, but please dont con yourself and others into
thinking it's legally valid view.
I'm not sure the body of the CTs needs to be any more complex. Possibly it
should be in the notes.
find a way of making sure any data submitted which requires
attribution is somehow marked in perpetuity so it can be identified,
then I guess it might help with this issue.
That's also definitely a good idea. I don't know the innards of the OSM
database so I don't know how this would be handled but a tag for
attribution or its absence would preserve this information.
Only if (a) you could guarantee that the tag would be added; and (b) that
the tag would never be removed or altered. Neither of which currently is the
case.
So your whole premise that its OK to add data which requires attribution on
the basis the data will be removed if the attribution requirement is removed
rests upon:
a) the assumption that its OK to break the legal requirements of the CT's
because of an implied assumption about how the OSMF will behave in the
future
b) the assumption that all data which requires attribution will be tagged as
such (and there is no requirement at present for it to do so, just good
practice)
c) the assumption that the attribution tag cant be changed.
That seems a lot of assumptios to me.
David
- Rob.
_______________________________________________
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk
_______________________________________________
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk
