Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-23 Thread Jukka Rahkonen
SteveC steve at asklater.com writes:

 
 I discovered that people are just rectifying using google aerial and  
 stuff, which breaks our paranoid/cautious stance on accepting  
 copyright derived work.

I speak now only about the i-cubed Landsat layer because OpenAerialMap does not
have anything better from Finland. Perhaps there is some fundamental difference
in copyrights when making drawings on top of the same i-cubed imagery that is
delivered either through Yahoo or OpenAerialMap, but for sure there is a big
practical difference: OpenAerialMap was giving more zooming levels.  I am
missing those.

-Jukka Rahkonen-


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Re: [OSM-legal-talk] [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Richard Fairhurst
[cc:ed to legal-talk]

Andy Allan wrote:

 That's pretty clear cut - i-Cubed own copyright over the imagery, and
 haven't given anyone any rights to do stuff with them - unless they
 explicitly say otherwise. Public Domain isn't viral for derived
 works.

Probably the biggest thing I've learned about copyright since getting  
involved with OSM is how easy it is to overstate your rights as  
copyright holder. That's not really too surprising for those of us  
from the UK, which has a very maximalist attitude to geodata copyright  
(or at least the OS does, and it shouts loudest): if you come from the  
States you'll have a different take on these things.

I'm not even going to attempt to pronounce definitively on OAM, as  
I've not researched it particularly deeply. But I'd be reasonably  
certain that iCubed's colour correction in itself doesn't qualify as  
copyright-worthy for the purposes of tracing, so there's no issue in  
deriving from their flavour of Landsat. It's a bit like the NPE scans  
where I say you can trace from these without restriction - that's  
not me being nice (well, partly :) ), that's a recognition that the  
acts of scanning and rectification haven't created a new copyright  
over the geodata.

(The severable improvement stuff may be relevant here. Maybe.  
Someone who knows remotely wtf they're talking about will be able to  
do better than me.)

With the non-Landsat OAM images, the same argument can be had. Does  
rectification against Google create a new copyright? I can see an  
argument either way: a year ago I'd have said yes it does, now I'm  
leaning a bit more towards no it doesn't. But it really comes down  
to how cautious/paranoid you are, and OSM always takes the  
ultra-cautious route, which is why Steve's asked them to be removed  
for now.

(It's reasonably easily settled - either get Google to give the ok, or  
rerectify against OSM. Better still, rerectify against OSM's GPS  
traces alone, thereby sidestepping potential CC-BY-SA issues.)

Oh yeah, and then you have to think about contracts. Let's not even go there.


Side-issue: the discussion at WhereCamp about are Google and  
Microsoft killing the ecosystem? looks really interesting - maybe  
someone who was there could post or blog about it. But, you know, a  
really great way for them to nurture the ecosystem - which is  
ultimately in their interests - would be if they could give  
definitive, permissive answers to things like this. Is anyone asking?  
Should we? (Even better still, they could do a Yahoo with their aerial  
imagery - yeah, I know, oink oink flap flap.)

cheers
Richard


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Re: [OSM-legal-talk] [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Richard Fairhurst
Steve Hill wrote:

 Aren't OSM's GPS traces considered CC-BY-SA as well?  I haven't seen
 anything specifically licensing them, but they are in the OSM database,
 accessible via the OSM API so I err on the side of assuming the
 CC-BY-SA licence applies to them too.

They're not explicitly licensed otherwise, but it's very, very  
debatable whether they cross the threshold to be copyrightable.

[suggest follow-ups to legal-talk]

cheers
Richard


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Re: [OSM-legal-talk] [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Frederik Ramm
Hi,

 Probably the biggest thing I've learned about copyright since getting  
 involved with OSM is how easy it is to overstate your rights as  
 copyright holder.

Most do it because they don't know better. (Some don't even write the
name Microsoft in a public article because tehy somehow think that
they might need permission for that.) Some also do it maliciously
(Scientology's stock method of silencing critics is to argue that
their criticism is based on copyrighted material).

I think the Science Commons guys have a rather enlightened viewpoint
when they say (on http://sciencecommons.org/resources/faq/databases/):

(quote)

We recommend that database providers make it clear that only some
elements of their database are protected by copyright (and subject to
a Creative Commons license) and some elements are free to be used 
reused outside of the license.

As you know, Creative Commons and Science Commons work to promote
freely available content and information. Our preference is that
people do not overstate their copyright or other legal rights.
Consequently, we adopt the position that “facts are free” and people
should be educated so that they are aware of this. Database providers
may want to think about including a statement where you include your
Creative Commons “Some Rights Reserved” button that acknowledges that
the database is only under a Creative Commons license “to the extent
that copyright protects the database” and then give some examples of
the elements in the database that are likely to be factual and
excluded from the scope of copyright and the Creative Commons license.

(unqoute)

Bye
Frederik

-- 
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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread SteveC
I discovered that people are just rectifying using google aerial and  
stuff, which breaks our paranoid/cautious stance on accepting  
copyright derived work.

On 21 May 2008, at 21:55, Tomáš Tichý wrote:

 What happened to Openaerialmap layer in Potlatch? I see only -
 signs on the place where it was in menu.

 Tomas Tichy

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Best

Steve


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Andy Allan
The wording of the main/first data source never filled me with
confidence either:

There is currently some question as to the licensing terms for this
data. This is being resolved as quickly as possible. Until then, it is
best to assume that this imagery can not be used outside of
OpenAerialMap.

http://openaerialmap.hypercube.telascience.org/datasource/1/

Doesn't feel to me like a confident, unambigious, free to use in OSM phrase.

Cheers,
Andy

On Thu, May 22, 2008 at 1:36 PM, SteveC [EMAIL PROTECTED] wrote:
 I discovered that people are just rectifying using google aerial and
 stuff, which breaks our paranoid/cautious stance on accepting
 copyright derived work.

 On 21 May 2008, at 21:55, Tomáš Tichý wrote:

 What happened to Openaerialmap layer in Potlatch? I see only -
 signs on the place where it was in menu.

 Tomas Tichy

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 Best

 Steve


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Jukka Rahkonen
Andy Allan gravitystorm at gmail.com writes:

 
 The wording of the main/first data source never filled me with
 confidence either:
 
 There is currently some question as to the licensing terms for this
 data. This is being resolved as quickly as possible. Until then, it is
 best to assume that this imagery can not be used outside of
 OpenAerialMap.
 
 http://openaerialmap.hypercube.telascience.org/datasource/1/
 
 Doesn't feel to me like a confident, unambigious, free to use in OSM phrase.
 
 Cheers,
 Andy

The same original public domain Landsat images can be downloaded from several
places, for example from landsat.org.  Then it should be OK to digitise features
forwhat ever purpose over them.  Unfortunately those images need to be colour
adjusted first.  I have done that for about 150 scenes around the Baltic sea
area and Scandinavia with Open source tools (GDAL and OSSIM) but it was bigger
task than I thought.
Same images are also available as very nice ready made colour balanced mosaics
from Geotorrent.org. Those mosaics are free for any use as well.  The Europe
Landsat Mosaic is missing half of Finland, therefore I started to make my own.

I think that what is uncertain with OpenAerialMap is if the imagery that is
colour adjusted by i-Cubed can be taken out from OAM, not if you can do derived
work based on it.  But who knows, perhaps being paranoid is the only safe
alternative.

-Jukka Rahkonen-


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Andy Allan
On Thu, May 22, 2008 at 2:44 PM, Jukka Rahkonen
[EMAIL PROTECTED] wrote:

 I think that what is uncertain with OpenAerialMap is if the imagery that is
 colour adjusted by i-Cubed can be taken out from OAM, not if you can do 
 derived
 work based on it.

That's pretty clear cut - i-Cubed own copyright over the imagery, and
haven't given anyone any rights to do stuff with them - unless they
explicitly say otherwise. Public Domain isn't viral for derived
works.

 But who knows, perhaps being paranoid is the only safe
 alternative.

Absolutely.

Cheers,
Andy

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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Richard Fairhurst
[cc:ed to legal-talk]

Andy Allan wrote:

 That's pretty clear cut - i-Cubed own copyright over the imagery, and
 haven't given anyone any rights to do stuff with them - unless they
 explicitly say otherwise. Public Domain isn't viral for derived
 works.

Probably the biggest thing I've learned about copyright since getting  
involved with OSM is how easy it is to overstate your rights as  
copyright holder. That's not really too surprising for those of us  
from the UK, which has a very maximalist attitude to geodata copyright  
(or at least the OS does, and it shouts loudest): if you come from the  
States you'll have a different take on these things.

I'm not even going to attempt to pronounce definitively on OAM, as  
I've not researched it particularly deeply. But I'd be reasonably  
certain that iCubed's colour correction in itself doesn't qualify as  
copyright-worthy for the purposes of tracing, so there's no issue in  
deriving from their flavour of Landsat. It's a bit like the NPE scans  
where I say you can trace from these without restriction - that's  
not me being nice (well, partly :) ), that's a recognition that the  
acts of scanning and rectification haven't created a new copyright  
over the geodata.

(The severable improvement stuff may be relevant here. Maybe.  
Someone who knows remotely wtf they're talking about will be able to  
do better than me.)

With the non-Landsat OAM images, the same argument can be had. Does  
rectification against Google create a new copyright? I can see an  
argument either way: a year ago I'd have said yes it does, now I'm  
leaning a bit more towards no it doesn't. But it really comes down  
to how cautious/paranoid you are, and OSM always takes the  
ultra-cautious route, which is why Steve's asked them to be removed  
for now.

(It's reasonably easily settled - either get Google to give the ok, or  
rerectify against OSM. Better still, rerectify against OSM's GPS  
traces alone, thereby sidestepping potential CC-BY-SA issues.)

Oh yeah, and then you have to think about contracts. Let's not even go there.


Side-issue: the discussion at WhereCamp about are Google and  
Microsoft killing the ecosystem? looks really interesting - maybe  
someone who was there could post or blog about it. But, you know, a  
really great way for them to nurture the ecosystem - which is  
ultimately in their interests - would be if they could give  
definitive, permissive answers to things like this. Is anyone asking?  
Should we? (Even better still, they could do a Yahoo with their aerial  
imagery - yeah, I know, oink oink flap flap.)

cheers
Richard


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Tomáš Tichý
Is there any way to  enable only safe data layers from OAM in Potlatch?
I am writing this, because there is black and white aerial imagery of
the Czech Republic from local goverment agency (UHUL), which permitted
to use it for OSM mapping. This imagery is now part of OAM data.
It is possible to use it with JOSM or Merkaartor, but I personally
prefer Potlatch for mapping and it's a pity that I can´t use it
anymore.

Tomas

On Thu, May 22, 2008 at 4:11 PM, Andy Allan [EMAIL PROTECTED] wrote:
 On Thu, May 22, 2008 at 2:44 PM, Jukka Rahkonen
 [EMAIL PROTECTED] wrote:

 I think that what is uncertain with OpenAerialMap is if the imagery that is
 colour adjusted by i-Cubed can be taken out from OAM, not if you can do 
 derived
 work based on it.

 That's pretty clear cut - i-Cubed own copyright over the imagery, and
 haven't given anyone any rights to do stuff with them - unless they
 explicitly say otherwise. Public Domain isn't viral for derived
 works.

 But who knows, perhaps being paranoid is the only safe
 alternative.

 Absolutely.

 Cheers,
 Andy

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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Steve Hill
On Thu, 22 May 2008, Richard Fairhurst wrote:

 (It's reasonably easily settled - either get Google to give the ok, or
 rerectify against OSM. Better still, rerectify against OSM's GPS
 traces alone, thereby sidestepping potential CC-BY-SA issues.)

Aren't OSM's GPS traces considered CC-BY-SA as well?  I haven't seen 
anything specifically licensing them, but they are in the OSM database, 
accessible via the OSM API so I err on the side of assuming the CC-BY-SA 
licence applies to them too.

  - Steve
xmpp:[EMAIL PROTECTED]   sip:[EMAIL PROTECTED]   http://www.nexusuk.org/

  Servatis a periculum, servatis a maleficum - Whisper, Evanescence


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Richard Fairhurst
Steve Hill wrote:

 Aren't OSM's GPS traces considered CC-BY-SA as well?  I haven't seen
 anything specifically licensing them, but they are in the OSM database,
 accessible via the OSM API so I err on the side of assuming the
 CC-BY-SA licence applies to them too.

They're not explicitly licensed otherwise, but it's very, very  
debatable whether they cross the threshold to be copyrightable.

[suggest follow-ups to legal-talk]

cheers
Richard


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Re: [OSM-talk] Missing Openaerial map from Potlatch

2008-05-22 Thread Frederik Ramm
Hi,

 Doesn't feel to me like a confident, unambigious, free to use in
 OSM phrase.

On the other hand, we don't have anything in written from Yahoo!
either, so if you want to be paranoid then drop Yahoo as well.

Bye
Frederik

-- 
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[OSM-talk] Missing Openaerial map from Potlatch

2008-05-21 Thread Tomáš Tichý
What happened to Openaerialmap layer in Potlatch? I see only -
signs on the place where it was in menu.

Tomas Tichy

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