Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-10-01 Thread Elizabeth Dodd
On Fri, 01 Oct 2010 09:37:14 +0200
Frederik Ramm frede...@remote.org wrote:

 I don't know how long you have been following the process, but the
 vote is long past. Members of the OSMF have had such a vote last year
 and agreed to go ahead with the new license. The switch to ODbL is
 already decided; further votes are not planned.


I ask once more

from where did OSMF get a mandate to change the licence?

OSMF is a small set of persons and is not representative of OSM as a
community.

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-10-01 Thread Elizabeth Dodd
On Fri, 01 Oct 2010 11:01:12 +0100
Rob Myers r...@robmyers.org wrote:

 On 10/01/2010 10:38 AM, Elizabeth Dodd wrote:
  I ask once more
 
  from where did OSMF get a mandate to change the licence?
 
 The vote.
 
  OSMF is a small set of persons and is not representative of OSM as a
  community.
 
 Any representational or governing body will be a small set of
 persons. Depending on which sense of representative you are using,
 the vote rings true given my experience of OSM debates around
 licencing and OSMF is as open and responsible or more so than other
 Free projects.
 
 Anyone can join OSMF.
 
 - Rob.
 

The vote is not a mandate. It is a vote of a subset of persons. Being a
member of the OSM community is not a condition of belonging to OSMF.

Not everyone can join OSMF.
Joining is restricted to persons with enough spare cash to pay a fee in
Pounds Sterling, access to a system for international money transfer if
not in the UK, and a number of other practical points dependent on UK
law - I would expect that minors are not supposed to be voting members
of a UK company. The ability to manage well in written English would be
a practical requirement.
To pick an obvious example, the persons who mapped Nigerian slums are
unlikely to have the financial resources to join. Most students don't
have such resources. I would not expect the students involved in
mapping ShimlaPuri to have the financial resources.


OSMF was set up for a particular purpose. Because responsibility for
the servers implies responsibility for the contents, the extension was
made to the licence. OSMF extended itself this privilege, not the OSM
community.

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Re: [OSM-legal-talk] OS Opendata the new license

2010-10-01 Thread Elizabeth Dodd
On Fri, 1 Oct 2010 03:57:44 -0700 (PDT)
Richard Fairhurst rich...@systemed.net wrote:

  I ask once more
  from where did OSMF get a mandate to change the licence?  
 
 It doesn't. That's why it's asking the rights-holders to change the
 licence for the data which they've contributed[1].

I agree with what you are writing here.
It is of course not what Frederick is writing, in which he clearly
states that the licence is changing.
I am then told I can agree with the CTs.
But I disagree with the ODbL - where do I get a chance to agree or not
agree to sign up to that?

The OSMF vote did not include the CTs in the current form. I really
thought that it was just about the licence, and that the CTs were still
in alpha format at the time.(of course, whether they have reached beta
yet is a matter for discussion).

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Re: [OSM-legal-talk] OS Opendata the new license

2010-10-01 Thread Elizabeth Dodd
On Fri, 1 Oct 2010 05:43:31 -0700 (PDT)
Richard Fairhurst rich...@systemed.net wrote:

 I realise Liz has already posted elsewhere that
 she's aiming to be disruptive, but I hadn't realised that it was some
 form of sub-4chan concerted trolling expedition.

As the choices offered by some people seem to be limited to
accept licence || leave OSM
accept the views of group X || trolling


and as I am substantially older than the majority of you, I know that
the world is not black and white, and that consensus is possible, even
at this stage in the argument.

Disruption can be the passive resistance of Mahatma Ghandi or the
fire-bombing tactics of IRA (I guess my choices here show my age).
Certainly continuing to ask questions which are relevant and which
don't get answered is disruptive, because it forces people to stop what
they are doing and answer, even though some of the answers I receive
are immature and impolite.

The data I have contributed (by ground survey, please note) will remain
copyright to myself, and is not going to be included in the ODbL
database.

Would you kindly indicate how you are going to remove it?

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Re: [OSM-legal-talk] In what direction should OSM go?

2010-09-29 Thread Elizabeth Dodd
This belongs back on talk
with a new header.
OSM states that it is a free map, free to edit and free to use 
Whether the database should contain imported stuff, traced stuff, or
only personally surveyed stuff is a very big issue and any intent now
to alter the basic rules of inputting should be back on Talk.


On Tue, 28 Sep 2010 13:03:15 +0200
Frederik Ramm frede...@remote.org wrote:

 Hi,
 
 Francis Davey wrote:
  My suggestion - which I believe has been/is being chewed over by the
  LWG - is that the CT's make an alternative arrangement for
  contributors who want to contribute material that is licensed under
  some other licence.
 
 Any future license change would then be constrained to the common 
 denominator of all these licenses *or* risk repeating all the data
 loss whining that we're seeing now.
 
 The question I am asking myself is: Is the ability to import as much 
 government data as possible really worth the hassle? And my personal 
 answer is a clear no; because to me, the value of imported data is
 very small, almost neglibile compared to data contributed by members.
 
 I am not against imports in general; I believe there are some
 isolated cases where a government or other dataset has really helped
 the project. But I don't see any individual import, or the ability to
 import data at all, as crucial for OSM's success.
 
 I am especially surprised about the mood in the UK community. The UK
 is where OSM started because David didn't want to be bossed around by 
 Goliath any longer; it is this let's show the OS what a bunch of
 hobby mappers can do attitude that has given OSM much of its energy
 in the early days. But today, it seems to me that half of the UK
 community is of the opinion that OSM is dead if it cannot use OS
 open data. If that had been the mood from day one, OSM would never
 have started at all.
 
 I firmly believe that collecting third-party geodata into an user 
 editable pool is NOT the main purpose of OSM, and even detracts us.
 
 Thus, I would never accept future liabilities in return for being 
 allowed to import a third-party data source.
 
 Bye
 Frederik
 


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Re: [OSM-legal-talk] Natural person in CT 3

2010-09-20 Thread Elizabeth Dodd
On Mon, 20 Sep 2010 18:10:59 -0400
Richard Weait rich...@weait.com wrote:

 CTs are per account.  Active Contributors are per person.
 
 http://www.osmfoundation.org/wiki/License/Contributor_Terms_FAQ

a last minute explanatory add-on
initially CTs were per person
now the rules slide and change and now the CTs have to be read with an
an addendum.
Put the details in the CTs, and write them out properly.

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Re: [OSM-legal-talk] UK Public Rights of Way

2009-09-17 Thread Elizabeth Dodd
On Fri, 18 Sep 2009, Tom Hughes wrote:
 Yes, the council will be sending the data they create describing the
 routes of paths to the OS but they will also be using OS data when
 creating that description - if a path goes from the junction of two
 roads to the corner of a field then they will likely locate those
 features on a OS map and draw a line between them.


This needs to be determined - I know from personal contact that here, in my 
local council area in australia, the GIS staff go out with GPS equipment to 
determine where things are.






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Re: [OSM-legal-talk] Non-existant streets

2009-08-12 Thread Elizabeth Dodd
On Wed, 12 Aug 2009, Vincent MEURISSE wrote:
 If you really need such a tool, copy the software used by openstreetbug,
 put it on your server and then you can have annotations on the map.
thanks Vincent
that could well be a workable solution




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Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Ulf Möller wrote:
 It doesn't. It's just that during a review of the proposed license, a
 lawyer pointed out that it is good practice to have terms of use for the
 website. That recommendation would still stand if we chose not to change
 the license.

I can't really comprehend how terms and conditions for use of a website mean 
anything in the big real world.
I'm over 50 years old, have university degrees and post graduate 
qualifications; i teach undergraduates and postgraduates in my field.
However, I'm not stuck in academic clouds
and putting terms and conditions on a website is bizarre.
I go to a website, i read, i look at pictures. 
I know quite well that the contents are either copy left or copyright and i 
should check before i copy anything.
Terms and conditions for use of a website - do we put terms and conditions on 
advertising posters governing who can read them?
It's a public site, no passwords, no sign up required to read it, so it's for 
the public to read.

Put the lawyer back in the cage.



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Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Francis Davey wrote:
  Put the lawyer back in the cage.

 Be nice 8-). This isn't (as far as I can see) about lawyers being
 unreasonable.

I just get the impression that some people have had so much to do with lawyers 
while trying to get the database licence organised that they have lost sight 
of reality.
Lawyers advise. Philosophers think. Don't mix the roles




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Re: [OSM-legal-talk] Privacy and Terms

2009-06-26 Thread Elizabeth Dodd
On Fri, 26 Jun 2009, Richard Fairhurst wrote:
  Do you wear a helmet when you ride a bicycle?  Accidents resulting
  in TBI are very uncommon, but their consequences are very high
  and a helmet will protect you from many of those consequences.

 Fantastic. We have now found the one OSM-related argument guaranteed to
 result in more flames than BSD vs GPL.

 http://www.cyclehelmets.org/ etc. Not saying I agree or otherwise, just...
 well.
got no choice, its the Law.
helmets are also much cheaper to replace than prescription glasses - is that 
on the site too?

-- 
BOFH excuse #260:

We're upgrading /dev/null


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Re: [OSM-legal-talk] LINZ Data under Creative Commons 3.0

2009-06-14 Thread Elizabeth Dodd
On Sun, 14 Jun 2009, Jochen Topf wrote:
 On Sun, Jun 14, 2009 at 08:13:41PM +1200, Andrew Simpson wrote:
  The licence is Creative Commons 3.0 and is clearly shown on the web
  page.  There is no mention of 'what' and 'how' the required credit
  should be attributed.

 And on the same web page it clearly says Contains data sourced from
 Land Information New Zealand. Crown Copyright reserved.. Not really
 that clear it seems.

 Jochen
what is clear is that Andrew should write to the LINZ and ask them to confirm 
licence and if suitable to use in OSM.
I haven't been asking lately because of the licence debate - I can't be clear 
on what I am asking these days.


-- 
BOFH excuse #331:

those damn raccoons!

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Re: [OSM-legal-talk] OGC Geospatial Rights Management Summit

2009-06-09 Thread Elizabeth Dodd
On Tue, 9 Jun 2009, Frederik Ramm wrote:
 Hi,

 Elizabeth Dodd wrote:
  Facts are Facts and can't be Copyrighted

 ... which ist not exactly the position that OSM is taking on this
 matter; in fact, with ODBL we go to great lengths to ensure that even if
 our facts should not be copyrightable we still get to say exactly under
 what conditions they are used through contract and database law. We're
 willing to enter completely uncharted waters and use a new and untested
 licensing framework precisely because we do *not* want our data to be
 free of any restrictions.

 So if you are looking for someone who takes the above position, best
 talk to one of the Science Commons guys!

 Bye
 Frederik



That is the basis of Australian law, and recent a High Court decision has 
returned us to that position, carefully deciding that a database, to be 
subject to copyright, had to demonstrate intellectual or artistic input.
So the facts from a map in Australia can't be copyrighted.
The intellectual and artistic work of creating a map results in a map which 
can be copyright.




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Re: [OSM-legal-talk] OGC Geospatial Rights Management Summit

2009-06-08 Thread Elizabeth Dodd
On Tue, 9 Jun 2009, SteveC wrote:
 I could in theory make it, and I even considered it for about 10  
 seconds... but I couldn't think what I'd get out of it other than  
 frustration.

 DRM for maps, sorry GeoDRM... what can you say but FAIL ?

 Best

 Steve
Trouble is, these people continue along their merry way if no one ever puts up 
a hand and says
Facts are Facts and can't be Copyrighted
back to question 1
has anyone got nothing better to do than upset these people on 22nd June?

-- 
I don't know half of you half as well as I should like; and I like less
than half of you half as well as you deserve.
-- J. R. R. Tolkien

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