[odc-discuss] Summary of main action items re ODbL license beta

Wed Mar 25 20:08:48 UTC 2009

Please find below a summary of what we take to be the main action
items in relation to the ODbL beta.

We hope we've got everything there from co-ment and elsewhere but if
we're missing something please say. (NB: we're focusing here on
changes to license, additional material such as FAQs are only
mentioned if they relate directly to some license change).

This list along with some more general items are also listed on the wiki:

  <http://wiki.okfn.org/wg/odol/odc/odbl>

Regards,

Rufus

=== Minor + Typos ===

  1. Typos: (several people)
    * Licence -> License
    * Couple of minor ones at end
  2. License URI: no change need?
    * cf http://creativecommons.org/licenses/by-sa/3.0/legalcodehttp://creativecommons.org/licenses/by-sa/3.0/legalcode:
"(I) You must include a copy of, or the URI for, the Applicable
License with every copy of each Adaptation You Distribute or Publicly
Perform;"
  3. Rename title of 4.5: "Share-Alike Does Not Apply" to "Limits of
Share-Alike" (Richard Fairhurst)
  4. Applying the license (Richard Fairhurst) (NB: not part of the license)
    * "we suggest you attach the following or a similar notice"
  5. Change to Licensor rather than Copyright Holder in application
section (Michael Collinson)
    * For the avoidance of doubt, should the name of the Licensor be
more explicitly identified than just as the copyright holder? The
license has contractual and database right aspects as well as just
copyright.

=== "Publicly Convey" versus "Use" as Trigger for SA ===

  * 2008-04 version has "Use" and our understanding is that this is
preferable and so plan to revert to this

=== Clarify "Publicly Convey" ===

Need to be clearer about meaning of "Publicly" in "Publicly Convey"

=== Distinction between contents and database ===

  1. License: Change Data -> Contents in 1.0
  2. FAQ
    * For e.g. OSM no essential difference (since individual facts
have no protection all that matters is DB)
    * DB of photographs: rights in DB and individual copyrights in photos
    * ODbL+ approach: ODbL for DB + license for contents
      * Contents license could be e.g. CC by-sa or Factual Info License or ...

=== SA and Later/Compatible Versions (s4.4) ==

  * Need to clarify what later/compatible would mean.
  * CC have their (undefined?) "Creative Commons Compatible License".
    * "You may Distribute or Publicly Perform an Adaptation only under
the terms of: (i) this License; (ii) a later version of this License
with the same License Elements as this License; (iii) a Creative
Commons jurisdiction license (either this or a later license version)
that contains the same License Elements as this License (e.g.,
Attribution-ShareAlike 3.0 US)); (iv) a Creative Commons Compatible
License."
  * While preserving flexibility need to ensure that:
    1. Incompatibility does not creep in
    2. No "end-run" round the key license elements

=== Definition of Substantial ===

  * Won't define
  * Dealt with in a FAQ (http://opendatacommons.org/faq/licenses/)

=== 4.6: making available of derivatives ===

  * http://lists.openstreetmap.org/pipermail/legal-talk/2009-March/002006.html
  * RF suggestion:
http://lists.openstreetmap.org/pipermail/legal-talk/2009-March/002041.html
    * "c. An algorithm or computer program, or reference to a publicly
available algorithm or computer program, that performs the
alterations".
  * Not clear what specific changes should be made.
  * Specification of regularity with which changes should be made available?
  * Speccing out offer: See GPL v6

=== 9.0: Termination ===

See s8 of GPL.

=== DB Rights, Contract and Enforceability ===

Plan addition to preamble and perhaps FAQ. See draft on wiki.