[OSM-legal-talk] SOTM-US geocoding/share-alike discussion

2012-10-21 Thread Frederik Ramm

Hi,

   on talk-us there was a mention of Carl Frantzen's recent three-part
article with SOTM-US coverage, 
http://idealab.talkingpointsmemo.com/2012/10/openstreetmap-part-1-new-cartographers.php,

and his mention of OSM moving away from his open-source roots.

Apparently, this refers to some unfortunate statements at SOTM-US about
share-alike being bad for business or something, and Frantzen mentions
that a couple of businesses have set up an informal group to discuss
which bits of our license they don't understand or want clarification
on. As far as I know, nobody who knows anything about OSM seriously
suggested that we move away from open source, it was just a phrase
unfortunately reported.

I am still rather surprised to hear about this as a side note of SOTM-US
coverage instead of here on this list where license discussions should
be at home. I would urge anyone who is unclear about anything with ODbL
and/or who believes that any community norms we have must be refined, to
discuss that here on this mailing list - whether it's for business or
personal use.

Looking through past discussions in the archives of minutes of our
Licensing Working Group, it seems clear to me that OSM data under ODbL
is unlikely to ever be available for no strings attached geocoding; we
won't ask for your customer database just because you geocode with OSM,
but you will have to adhere to some rules nonetheless.

LWG has never actually made a decision on geocoding, and all mentions in
their minutes carry big disclaimers (This is a summary of our
discussion and should NOT be construed as a formal statement of
position). Under that disclaimer, the 20120515 minutes contain the
following:


To be able to claim that the remainder of the record, (often
proprietary business information or personal information such as a
patient record) is not virally touched by geocoding against OSM ODbL
data needs a distinction to be demonstrated. This distinction needs
to be a clear and logical general rule or principle. It also needs to
be acceptable to the OSM community. At the moment, we feel this does
not exist.


In the same notes there's a discussion of a like with like principle
which means that Whatever is used in the (reverse)geocoding look-up is
virally touched, but nothing else.

The 20120522 meeting notes contain a link to a concept paper

https://docs.google.com/document/pub?id=1Ag81OlT1TtnhYwVE-bBtL018SNoU_V-anG4wLdwMT4c

and explicitly say: To improve it, and test the rationality of the
ideas expressed, we need and welcome real-world cases of geocoding and
reverse-geocoding.

So I guess anyone who wants to use OSM in a geocoding scenario should
read that and submit their opinion, here or to LWG.

Personally, I've gone on record as an advocate of a non-share-alike (PD) 
license for OSM but the project as a whole has decided to have a 
share-alike license and I accept that; I don't think that geocode as 
much as you want without sharing any data is possible with the ODbL 
data set.


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] Is there a PD part in OSM?

2012-10-21 Thread Martin Koppenhoefer
I wonder if data you download now or did so in the past from OSM
servers can be used as PD data. There are some users who have publicly
declared that they consider their contributions to OSM to be in the
public domain. For simplicity I'd like to restrict this question to
users who have either made this declaration in their user description
or have linked their wiki account from their user description (i.e. it
is clear, which OSM username the declaration was made for and that the
user was the owner of this account).

Is it possible to download this data from OSM servers (or
mirrors/extracts/elaborations from this) under a cc-by-sa or ODbL
license and still consider it PD due to the dual licensing, the user
has expressed he wishes his data to be under?

cheers,
Martin

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] CT compatibility with attribution only licenses

2012-10-21 Thread Martin Koppenhoefer
Reading the wiki:
http://wiki.openstreetmap.org/wiki/Import/Guidelines#Make_sure_data_license_is_OK

quote
What we certainly cannot do is require end-users of our
data/renderings to give credit to the particular data donor. With this
in mind, our attribution may not be sufficient legally speaking and
might actually be considered unsatisfactory by the original authors
of the data.

it seems to me, that also data which requires attribution only may not
be imported into OSM as long as there is not an explicit statement
from the original author/rights holder that crediting in the OSM
system (e.g. changeset comments, wiki, source-tags on objects which
might be later removed, credits in the description of a deducated
import account, etc.) is sufficient and it is OK for him  that the
attribution to his particular data donation might be removed later by
following users of the data?

Or what is the general interpretation of the meaning of CT/ODbL
regarding attribution only licenses?

I am refering for instance to the Italian Open Data License, which
explicitly states that it is compatible with cc-by-sa 3.0 and ODbL:
http://www.formez.it/iodl/
but requires to (it:indicare la fonte delle Informazioni e il nome
del Licenziante, includendo, se possibile, una copia di questa licenza
o un collegamento (link) ad essa;)  ~cite the source of the
information and the name of the licensor, including if possible a copy
of this license or a link to it (informal translation).

cheers,
Martin

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] SOTM-US geocoding/share-alike discussion

2012-10-21 Thread Mikel Maron
Hi

It's a pretty hilarious, sensationalizing series of posts. I do give him credit 
for getting deep into some of the issues and discussions of OSM, more than any 
other reporter I've seen. But I wouldn't take his zingers any more seriously 
than good lines at the US pres debates.

As for geocoding and ODbL, there is concern over how to interpret ODbL here, 
and I'm sure some use cases will come up for discussion soon. One option I've 
thought viable would be sharing of the selected strings used to geocode data, 
along with the lat/lng obtained from OSM and/or user input.

Btw, I was at SOTM-US, but didn't talk to Carl or take part in the 
ODbL-Geocoding BoF.

-Mikel
 
* Mikel Maron * +14152835207 @mikel s:mikelmaron



 From: Frederik Ramm frede...@remote.org
To: Licensing and other legal discussions. legal-talk@openstreetmap.org; 
talk...@openstreetmap.org 
Sent: Sunday, October 21, 2012 4:58 AM
Subject: [OSM-legal-talk] SOTM-US geocoding/share-alike discussion
 
Hi,

   on talk-us there was a mention of Carl Frantzen's recent three-part
article with SOTM-US coverage, 
http://idealab.talkingpointsmemo.com/2012/10/openstreetmap-part-1-new-cartographers.php,
and his mention of OSM moving away from his open-source roots.

Apparently, this refers to some unfortunate statements at SOTM-US about
share-alike being bad for business or something, and Frantzen mentions
that a couple of businesses have set up an informal group to discuss
which bits of our license they don't understand or want clarification
on. As far as I know, nobody who knows anything about OSM seriously
suggested that we move away from open source, it was just a phrase
unfortunately reported.

I am still rather surprised to hear about this as a side note of SOTM-US
coverage instead of here on this list where license discussions should
be at home. I would urge anyone who is unclear about anything with ODbL
and/or who believes that any community norms we have must be refined, to
discuss that here on this mailing list - whether it's for business or
personal use.

Looking through past discussions in the archives of minutes of our
Licensing Working Group, it seems clear to me that OSM data under ODbL
is unlikely to ever be available for no strings attached geocoding; we
won't ask for your customer database just because you geocode with OSM,
but you will have to adhere to some rules nonetheless.

LWG has never actually made a decision on geocoding, and all mentions in
their minutes carry big disclaimers (This is a summary of our
discussion and should NOT be construed as a formal statement of
position). Under that disclaimer, the 20120515 minutes contain the
following:

 To be able to claim that the remainder of the record, (often
 proprietary business information or personal information such as a
 patient record) is not virally touched by geocoding against OSM ODbL
 data needs a distinction to be demonstrated. This distinction needs
 to be a clear and logical general rule or principle. It also needs to
 be acceptable to the OSM community. At the moment, we feel this does
 not exist.

In the same notes there's a discussion of a like with like principle
which means that Whatever is used in the (reverse)geocoding look-up is
virally touched, but nothing else.

The 20120522 meeting notes contain a link to a concept paper

https://docs.google.com/document/pub?id=1Ag81OlT1TtnhYwVE-bBtL018SNoU_V-anG4wLdwMT4c

and explicitly say: To improve it, and test the rationality of the
ideas expressed, we need and welcome real-world cases of geocoding and
reverse-geocoding.

So I guess anyone who wants to use OSM in a geocoding scenario should
read that and submit their opinion, here or to LWG.

Personally, I've gone on record as an advocate of a non-share-alike (PD) 
license for OSM but the project as a whole has decided to have a share-alike 
license and I accept that; I don't think that geocode as much as you want 
without sharing any data is possible with the ODbL data set.

Bye
Frederik

-- Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Is there a PD part in OSM?

2012-10-21 Thread Jukka Rahkonen
Martin Koppenhoefer dieterdreist@... writes:

 
 I wonder if data you download now or did so in the past from OSM
 servers can be used as PD data. There are some users who have publicly
 declared that they consider their contributions to OSM to be in the
 public domain. For simplicity I'd like to restrict this question to
 users who have either made this declaration in their user description
 or have linked their wiki account from their user description (i.e. it
 is clear, which OSM username the declaration was made for and that the
 user was the owner of this account).
 
 Is it possible to download this data from OSM servers (or
 mirrors/extracts/elaborations from this) under a cc-by-sa or ODbL
 license and still consider it PD due to the dual licensing, the user
 has expressed he wishes his data to be under?

There are no such data in OSM. PD declaration in the user page is just a
manifest but it does not have any real meaning.

Discussion about PD was directed into a special legal-general mailing list in
October, 2008.
http://lists.openstreetmap.org/listinfo/legal-general

Best place to read about OSM and PD is still the legal-talk archives from the
the same time, October 2008
http://lists.openstreetmap.org/pipermail/legal-talk/2008-October/thread.html

-Jukka Rahkonen-



___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Is there a PD part in OSM?

2012-10-21 Thread Frederik Ramm

Hi,

On 21.10.2012 11:28, Martin Koppenhoefer wrote:

Is it possible to download this data from OSM servers (or
mirrors/extracts/elaborations from this) under a cc-by-sa or ODbL
license and still consider it PD due to the dual licensing, the user
has expressed he wishes his data to be under?


A very short answer since elaborations on details can indeed be found in 
the archives, as Jukka wrote.


1. The legal effect of the PD declaration is unclear due to several 
reasons, one of them being that some users probably didn't really know 
what the checkbox meant, another being that there's no PD in some countries.


2. Even if we assume that the legal effect was binding, OSMF can choose 
to exercise database rights (which apply to the collection of things, 
even if the individual things are free) and assert that the whole 
collection and any substial extract is under ODbL and ODbL only. I would 
assume that since OSMF have not made a statement to the contrary, this 
is the status quo.


3. This leads to the interesting side effect that someone downloading 
his own data from OSM would be bound by ODbL for his own data as well. I 
find that a little strange and I guess there will be some loophole to 
make it not so ;)


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk