[odc-discuss] Updates this week

[Frederik Ramm]

Hi,

Jordan S Hatcher wrote:
> What this process has highlighted though is a need to produce some  
> FAQs and specific responses to some of the comments out there  
> alongside the new draft.  It would likely be counter-productive to  
> just put the new draft out there without these materials.

[...]

> I've drafted a response, for example to the ITO world lawyer as well  
> as started on a series of FAQ points. 

Makes a lot of sense to me and should be given all the time it needs.

I wonder if, in addition to the document you are creating, there will 
also be room for a kind of implementation-specific FAQ. E.g. when 
someone like OSM decides to use the ODbL, should they perhaps even be 
encouraged to issue a document that serves (technically speaking) as a 
kind of "adapter" between the subject matter and the ODbL, clarifying 
ODbL terms in domain speak.

For example, ODbL might refrain from trying to define "substantial" 
because such a definition is impossible in an abstract form; but to be 
clear to the mapper on the street, OSM needs to issue a definition they 
can understand (as in: "We consider it a substantial extract if you take 
data covering more than one square kilometre" or whatever). I cold 
imagine that, while not strictly part of the license and not legally 
binding as such, a hypothetical future legal action about alleged rights 
infringement could very well be influenced by such a definition if made 
prominently by OSM.

The same goes for those "when does database-ness stop and Produced 
Work-ness begin during a design process" questions; they might be very 
hard to answer in a general fashion.

If you plan to keep the "how to apply this license to your data" 
guidelines at the bottom of the license text, then maybe you could 
consider adding a paragraph to them that lists key points (like 
substantial/insubstantial) that you cannot define in the license or you 
own FAQ, and encourages the user of the license to clarify them for his 
domain if he feels they might be unclear.

Bye
Frederik