[OSM-legal-talk] Legal status of LoroDev source code

2012-05-31 Thread followme

Hi,

Developers of LoroDux may already know my work on LocateMe (later 
FollowMe) whose small code base is part included in LoroDux, I am 
FollowMe's creator and copyright holder. The FollowMe code was/is hosted 
at http://silentdevelopment.blogspot.co.uk/search/label/LocateMe


I was disappointed that nobody informed me that LoroDux was part based 
on my code (at the project start I could have provided assistance) or 
that Daniel in his published thesis Ein Orientierungssystem für 
Menschen mit Sehbehinderung auf Java ME didn't mention it either 
despite referencing LoroDux and some parts of the FollowMe midlet view 
design, BluetoothReader.java, GPSDataUtils.java etc.


However, complaining is not the only reason I joined the mailing list, I 
would like to inform LoroDux developers/legal people here that the 
licencing for LoroDux code as it stands is uncertain and I would like to 
clear up at least some of the uncertainty.


By linking FollowMe code LoroDux developers have inadvertently 
re-licenced the LoroDux code under the GPL licence, regrettably ignoring 
my part's code licence, the CPL 2.0, which specifically states:


A Contributor may choose to distribute the Program in object code form 
under its

own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement;

The GPL licence is not compatible with CPL 2.0 licence agreement*, thus 
legally the LoroDux developers, and thus OpenStreetMap have no right to 
use or distribute my part of the modified code in any form. However, I 
can see that LoroDux brings a much greater benefit to the community, and 
this the licence clash was not done in bad faith (some source code 
headers still contain my licence information), so as the copyright 
holder I'm waiving the CPL licence in this instance and permiting dual 
licencing either GPL or CPL, whichever the LoroDux developers see 
appropriate. Any future work I do on FollowMe or any Android work in 
this area, will also have this dual licencing for use by LoroDux (and 
will state such).


Having browsed the LoroDux source code, developers should also be aware 
that it includes Sun Microsystems (now Oracle) propriety class source 
for BufferedReader. This was/is covered under Sun's own licence which if 
memory serves me correctly states that any core Java source cannot be 
repackaged (e.g. moved out of java.io), redistributed or re-licenced.


Hope this helps clarify things and good luck with future work on this 
project,


Benjamin Brown

P.S. I had tried to sign up to the LoroDux developers list instead to 
post this but didn't receive a response so I'm assuming the project is 
now dead?


*http://en.wikipedia.org/wiki/Common_Public_License


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Re: [OSM-legal-talk] Legal status of LoroDev source code

2012-05-31 Thread Stephan Knauss

Hello,

On 31.05.2012 21:55, follo...@silentsoftware.co.uk wrote:

The GPL licence is not compatible with CPL 2.0 licence agreement*, thus
legally the LoroDux developers, and thus OpenStreetMap have no right to
use or distribute my part of the modified code in any form.


Thank you for granting rights to that LoroDux project.

Just want to mention that just being listed on our wiki does not mean 
the software was created or approved by OpenStreetMap or OSMF.
Looks like this project was able to convince the lost owners to supply a 
mailing list. Still it is just one of many projects using OSM data.


Actually OpenStreetMap provides open data that anyone can use according 
to (currently) CC-BY-SA and create applications with it, even commercial.


The wiki mentions Lulu Ann as author of LoroDux.

Would be a good idea to contact her directly at her published mail: 
Lulu-Ann at gmx.de


Stephan

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[OSM-legal-talk] Hampshire Rights of Way Data released under OSOpenData licence

2012-05-31 Thread David Groom
On talk-gb Nick Whiteleg recently announced what  initially seemed to be 
some good news , that Hampshire County Council have released their Rights of 
Way data under the OS OpenData licence.


However, my initial thoughts, and those of Robert Whittaker, was that this 
might not seem as good news as at first appeared, because the OS OpenData is 
not compatible with ODbL, and OSM had to seem explicit permission from OS 
for the use of their data to be covered by OSM's  ODbL licence.  Since this 
explicit agreement only covered the OS products, it seemed to be, and 
Robert, that this could not be extended to the Hampshire County Council 
(HCC)  Rights of Way (ROW) data.


I did have one further thought, which was that I could not see how HC ROW 
data could be released under the OS OpenData (OSOD) licence, since the OSOD 
licence is quite explicit in that in covers   use of OS OpenData made 
available at https://www.ordnancesurvey.co.uk/opendatadownload/products.html 
and at http://data.ordnancesurvey.co.uk/ , and its difficult to see how 
this could cover HCC data.


However I am now wondering if the statement on HCC web site [1] The data 
has been published as Open Data under the Ordnance Survey Open Data 
Licence. is in fact a slightly badly worded statement.


A possible scenario which occurs to me is as follows:

HCC used OS Opendata to derive the HSS ROW data.  By this I mean that HCC 
used the OS VectorMapDistrict rasters, over which they then drew the ROW 
data which HCC had from their definitive statements.


By doing this HCC were bound by the terms of the OSOD licence.

When HCC state The data has been published as Open Data under the Ordnance 
Survey Open Data Licence  I wonder what they actually mean is something 
along the lines of  The data has been published as Open Data with the 
additional provisions required under the Ordnance Survey Open Data Licence.


If this scenario is correct, then it would seem to me that the data is OK to 
use in OSM. But it would need clarification from HCC that this is what they 
meant.


David


[1] 
http://www3.hants.gov.uk/communications/mediacentre/mediareleases.htm?newsid=534104







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Re: [OSM-legal-talk] Hampshire Rights of Way Data released under OSOpenData licence

2012-05-31 Thread Andy Street
On Thu, 2012-05-31 at 23:11 +0100, David Groom wrote:
 On talk-gb Nick Whiteleg recently announced what  initially seemed to be 
 some good news , that Hampshire County Council have released their Rights of 
 Way data under the OS OpenData licence.
 
 However, my initial thoughts, and those of Robert Whittaker, was that this 
 might not seem as good news as at first appeared, because the OS OpenData is 
 not compatible with ODbL, and OSM had to seem explicit permission from OS 
 for the use of their data to be covered by OSM's  ODbL licence.  Since this 
 explicit agreement only covered the OS products, it seemed to be, and 
 Robert, that this could not be extended to the Hampshire County Council 
 (HCC)  Rights of Way (ROW) data.

As OSM's agreement is with the OS and not HCC I'd concur that strictly
speaking the HCC dataset is not compatible with the ODbl. I do wonder
though just how keen HCC would be to enforce attribution of a third
party, especially when that party had previously stated that it had no
objections to it's data being used in that way.

 I did have one further thought, which was that I could not see how HC ROW 
 data could be released under the OS OpenData (OSOD) licence, since the OSOD 
 licence is quite explicit in that in covers   use of OS OpenData made 
 available at https://www.ordnancesurvey.co.uk/opendatadownload/products.html 
 and at http://data.ordnancesurvey.co.uk/ , and its difficult to see how 
 this could cover HCC data.

Yes, that thought had occurred to me too. 

 However I am now wondering if the statement on HCC web site [1] The data 
 has been published as Open Data under the Ordnance Survey Open Data 
 Licence. is in fact a slightly badly worded statement.
 
 A possible scenario which occurs to me is as follows:
 
 HCC used OS Opendata to derive the HSS ROW data.  By this I mean that HCC 
 used the OS VectorMapDistrict rasters, over which they then drew the ROW 
 data which HCC had from their definitive statements.

Comparing the OpenData and non-OpenData versions of the definitive map
makes this seem highly unlikely. What I suspect happened is that the OS
agreed that HCC could licence their derivative work of a non-OpenData
product under the OS OpenData licence.

I guess what this boils down to is the question of whether our ODbL
compatibility agreement with the OS is for anything they release under
the OS OpenData licence (except Code-Point Open) or just for the stuff
that had released at the time the agreement was made. My reading of
Michael Collinson's post to the Talk-GB list[1] leads me to believe that
it is the former.

Cheers,

Andy

[1]
http://lists.openstreetmap.org/pipermail/talk-gb/2011-July/011995.html


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