Re: [OSM-legal-talk] [OSM-talk] OSMF Board auto industry / What's the story?

2012-08-10 Thread Frederik Ramm

Hi,

On 08/09/2012 11:54 PM, Mike Dupont wrote:

On Thu, Aug 9, 2012 at 8:05 PM, Phil! Gold phi...@pobox.com wrote:

 CC-BY-SA is similar
in broad terms (you must license the mixed database to the user under
CC-BY-SA), but lacks the details more specific to datasets, like the
reasonable-format requirement.


Can you provide more information on this?


I think this might be a misunderstanding.

Both CC-BY-SA and ODbL have a clause that prohibits you to use 
technological measures to circumvent the freedoms guaranteed by the 
license. This is mostly aimed at DRM and similar concepts.


For example, you could theoretically make an electronic map based on OSM 
which is freely copyable but users must buy a decryption code keyed to 
their software installation from you in order to be able to use it. This 
is prohibited under both licenses. (Some people are of the opinion that 
therefore any sale of OSM derived products through something like 
Apple's AppStore is not allowed under CC-BY-SA.)


The ODbL has a clause softening that rule (4.7. b parallel 
distribution), which essentially says that you can distribute 
DRM-encumbered databases if you offer a non-DRM alternative that is at 
least as accessible as the non-restricted version.


But neither CC-BY-SA nor ODbL clearly say what counts as restricting 
the data. For example, in order to be usable in a routing application, 
the data will likely have to be heavily preprocessed and indexed, and 
various manufacturers will use their own data formats for that. The line 
between complex data format and encrypted data is certainly blurry.


I think, under ODbL as well as CC-BY-SA, car navigation manufacturers 
are in the following situation:


* they can make OSM datasets available for their navigation systems
* they do not have to publish their data format, or publish software 
that allows users to make their own OSM-derived datasets for the 
navigation system
* they must not restrict the copying of such datasets (i.e. it must be 
possible for one guy to buy it and give it to another guy who has the 
same navigation system to use it there)
* (ODbL special) if they do restrict copying then they must make an 
un-restricted version available in parallel that is at least as 
accessible as the restricted version, which in my opinion means that it 
must be loadable into the car navigation system.


I don't know much about the automobile industry but my guess is that 
they are less concerned about loss of sales due to people being allowed 
to copy data; I think they are very keen on controlling precisely what 
gets into their cars because they have liability paranoia.


Therefore I think neither license is an obstacle for them, because 
neither forces them to open up the car navigation system to free imports 
by the user.


Bye
Frederik

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

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Re: [OSM-legal-talk] [OSM-talk] OSMF Board auto industry / What's the story?

2012-08-10 Thread Frederik Ramm

Hi,

On 08/10/2012 10:09 AM, Frederik Ramm wrote:

The ODbL has a clause softening that rule (4.7. b parallel
distribution), which essentially says that you can distribute
DRM-encumbered databases if you offer a non-DRM alternative that is at
least as accessible as the non-restricted version.


At least as accessible as the *restricted* version, sorry.

Bye
Frederik

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

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Re: [OSM-legal-talk] [OSM-talk] OSMF Board auto industry / What's the story?

2012-08-09 Thread Mike Dupont
On Thu, Aug 9, 2012 at 8:05 PM, Phil! Gold phi...@pobox.com wrote:
  CC-BY-SA is similar
 in broad terms (you must license the mixed database to the user under
 CC-BY-SA), but lacks the details more specific to datasets, like the
 reasonable-format requirement.

Can you provide more information on this?
mike



-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://flossk.org
Saving wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
Contributor FOSM, the CC-BY-SA map of the world http://fosm.org
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