[od-discuss] Open Definition Telecon 15:00 UTC Thursday?2014-06-12

[Andrew Stott]

Mike

My apologies but I will almost certainly not be able to join the call this
afternoon.

Regards

Andrew

-----Original Message-----
From: od-discuss [mailto:od-discuss-bounces at lists.okfn.org] On Behalf Of
Mike Linksvayer
Sent: 08 June 2014 21:41
To: Herb Lainchbury
Cc: od-discuss at lists.okfn.org
Subject: Re: [od-discuss] Open Definition Telecon 15:00 UTC Thursday
2014-06-12

I added one thing to the agenda, a proposed update of approval process,
which results in updated license categories, both of which stem from moving
some bits intended to address interoperability out of the 2.0 draft.
Changes/explanation in
https://lists.okfn.org/pipermail/od-discuss/2014-April/000841.html

There's one part of Andrew Katz's
https://github.com/okfn/opendefinition/pull/39 I wanted to point out before
the call:

    + The conditions *must* not seek to derogate from rights such as fair
use and fair dealing, or from uses for which no licence is required at law.

I'm not sure this is a good addition. I think we've discussed this before,
but not sure if it was on-list or -call, and can't find now:
what matters for "open", the lack of certain restrictions, or their source?
If the former, it shouldn't matter whether a restriction exists because a
license adds them (or tries to), or they exist by default. I tend to think
the source shouldn't matter: a "license" can try to "impose" conditions by
"contract" and still be "open" so long as those conditions are permissible
restrictions, nevermind what users may or may not be free to do in various
jurisdictions.

But, if we do go ahead with this addition , we need to take it seriously and
either move ODbL to non-open status or somehow come to the conclusion that
its attempted contractual layer is totally ineffective (which I'm happy to
believe) and state that in explanation of how it complies.

Mike
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