TomT0m added a comment.

In such cases there is a simple rule which says that you should choose the safest way in order to comply with the law, as any doubt remaining would be baneful.

Well, a few things:

  • This is only my personal opinion, certainly not a definitive answer. I would not want a decision taken only because I’m mistaken or because of incorrect community opinions
  • This is the situation as we have it for a few years, so if there is an issue even if we take a conservative decision now this won’t change the past and the current situation is at risk
  • « as any doubt remaining would be baneful. » Well, this is a balance question, the change of license could be more painful/harmful or put some datas in current Wikidata at risk of being legally challenged. This might pose a problem to some of our reuser/usecases could be . This is not that simple.

There is two ways of seeing things: the legal issues have not actually been much of an issue up to now and the problem posed by it are mostly theoretical as long as we are careful not to import obviously problematic datasets. Or we take a legalistic approach and to be safe we must answer legal questions anyway as if we don’t understand the issues in depth we can’t be sure we took no risk. But considering the actual legal complexity, I think a total legal safety is rather dubious and we have to live with some amount of risk no matter what. This implies that to be conscious of this amount we have to evaluate it, knowing the truth in this area is sometime only known after a trial…

In this case, considering we lived the past few years with this and we did not see anything coming beyond any discussion here and there that pops from time to time, I don’t really see (personal opinion) any reason to believe this could change in the future if things stays that way.


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