[OSM-legal-talk] License update

2008-11-24 Thread SteveC
All

Our lawyer has had a chat with Jordan (the original author of the  
ODbL). I spoke with Jordan this morning and he has a list of suggested  
changes with explanations from our lawyer which he is reviewing.

I expect and hope this stage to be a simple review process before  
taking the next step. I'd love to give a timeline but I respect Jordan  
as the original author and wish to give him the time to review the  
changes.

Best

Steve

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Re: [OSM-legal-talk] License update

2008-10-25 Thread Shaun McDonald

On 25 Oct 2008, at 07:57, Jochen Topf wrote:

 On Thu, Oct 23, 2008 at 08:23:19AM -0700, SteveC wrote:
 On 23 Oct 2008, at 07:17, 80n wrote:

 [..]
 Please don't mail him personally, the worst thing would be multiple
 conversations as his time is valuable and they are doing this pro-
 bono. I'll happily pass on anything when I see those guys.

 Why not invite him to come to this mailing list so we can have one
 conversation? That will save time for him and for all of us, we are  
 all
 working on this pro-bono.


Because there isn't enough time to read and answer all the mails that  
come to this list. It is better to bundle everything up, filtering all  
the duplicates and getting him to answer them all at once.

Shaun



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Re: [OSM-legal-talk] License update

2008-10-25 Thread Frederik Ramm
Hi,

Shaun McDonald wrote:
 Because there isn't enough time to read and answer all the mails that  
 come to this list. It is better to bundle everything up, filtering all  
 the duplicates and getting him to answer them all at once.

Granted. Whoever does the bundling and filtering, please put your 
results here before you give them to the lawyers so that we can point 
out possible omissions.

Bye
Frederik

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[OSM-legal-talk] License update

2008-10-22 Thread SteveC
All

I've received back general comments from Wilson Sonsini 
(http://www.wsgr.com/WSGR/Index.aspx 
) on the latest draft.

My next task is to review those comments and feed them back to this  
list, review the use cases on the wiki and feed those to Wilson  
Sonsini and probably take a call or meet with them next week.

I have a nice long flight on Friday when I will do this.

Best

Steve


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[OSM-legal-talk] License update

2008-03-19 Thread Peter Miller
I posted a query about various 'Use Cases' for OSM data in regard to the new
licence on the 7th Feb. See archive here:

http://lists.openstreetmap.org/pipermail/legal-talk/2008-February/000680.htm
l

 

I was concerned to see that the answers received were not conclusive and
that no response has been given by a qualified lawyer. With regard to the
brief for this licence and the acceptance procedure for the completed
licence I recommend that we:

 

1)  Agree aims of the license in non-legal terms as a set of Use Cases
on the wiki.

2)  Agreed in advance an acceptance test for each Use Case; for example
if the use case is using OSM mapping of Bagdad for an ITN news item about
Iraq then we ask ITN to check the proposed licence and say if it is
acceptable to them or not. If we want the data to be usable by Mutlimap
within their current page structure then we ask them to ask their lawyer to
sign it off. If we don't want people to strip the footpaths and add then to
a commercial road data and sell it then we agree to get the licence checked
by an independent lawyer in this respect.

3)  Get a licence written that meets these use cases to the greatest
extent possible.

4)  Test the licence via the use cases using the agreed mechanisms.

5)  Recommend the licence for adoption by the community.

 

 

 

 

Regards,

 

 

 

 

Peter Miller

 

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Re: [OSM-legal-talk] License update

2008-03-19 Thread MJ Ray
Peter Miller [EMAIL PROTECTED] wrote: [...]
 http://lists.openstreetmap.org/pipermail/legal-talk/2008-February/000680.html

 I was concerned to see that the answers received were not conclusive and
 that no response has been given by a qualified lawyer. With regard to the
 brief for this licence and the acceptance procedure for the completed
 licence I recommend that we: [...]

Bully for you.  What's in it for other participants?  More abuse that
they can't give conclusive answers and aren't not qualified lawyers?

Sorry if I'm coming into this cold from the outside, but I really
don't see why any readers would help this apparently-tangential
licence project.  The email linked above was also rather indirect can
I suggest ... (Sgt Wilson?) rather than saying what you seem to want.
I'm surprised it got two answers, but I guess this list is nicer than
what I've seen before.

Regards,
-- 
MJ Ray (slef)
Webmaster for hire, statistician and online shop builder for a small
worker cooperative http://www.ttllp.co.uk/ http://mjr.towers.org.uk/
(Notice http://mjr.towers.org.uk/email.html) tel:+44-844-4437-237

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Re: [OSM-legal-talk] License update

2008-03-19 Thread Andy Robinson (blackadder)
Frederik Ramm wrote:
Sent: 19 March 2008 3:00 PM
To: Licensing and other legal discussions.
Subject: Re: [OSM-legal-talk] License update

Hi,

 Bully for you.  What's in it for other participants?  More abuse that
 they can't give conclusive answers and aren't not qualified lawyers?

Well perhaps you're coming cold from the outside as you say, you
have missed one thing: The Foundation has been pushing this new
license specifically saying: Look, we've got this excellent lawyer
who is working with us to make the license right for everyone. - So
Peter can hardly be blamed for hoping that a qualified lawyer might
answer his questions, because one of the main advantages of the new
license is hoping it will get us out of the legal swamp we're in with
the old one.


It's been stated several times before but the point keeps needing to be
made. We, that is OSMF, have engaged Jordan to update the original ODL draft
and incorporate the feedback we (the community) and others have given on it.
He is not giving advice and therefore not in a position to answer legal
queries about the use of the licence.

Once the revised draft is ready we will be able to further review to see if
it is fit for our purpose and if we feel we need others to give us a
professional legal view on its usage. That will cost more money of course,
but it's something that is being considered (as part of a peer review
process).

Cheers

Andy


 Sorry if I'm coming into this cold from the outside, but I really
 don't see why any readers would help this apparently-tangential
 licence project.

What appears to be tangential about the license project, and to whom
does it appear so?

Bye
Frederik

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Re: [OSM-legal-talk] License update

2008-03-19 Thread MJ Ray
Peter Miller [EMAIL PROTECTED] wrote:
  From: MJ Ray [...]
  Not *the* licence project. *That* licence project, making use cases
  and testing things against them.  I don't see how that connects to the
  OSMF licence development work except at one point = it is a tangent.

 I don't follow your argument. Use Cases and Validating against Use Cases
 seems an entirely appropriate method to ensuring that we end up with
 something fit for purpose. It is a technique that will be familiar to most
 software developers which is a bonus.

Sure.  They're interesting tests once we see the licence, but I don't
understand how continuing the previous thread much further would
inform the OSMF licence development work more, so getting upset at the
lack of continuation seems a bit odd.

[...]
 I am keen that the final licence agreement is checked by independent
 competent lawyers drawn from our target commercial user community. Otherwise
 we won't have tested to licence effectively.

Well, if you can make that happen, great, but I wonder whether the
target commercial user community's lawyers are likely to tell this
list if they spot a vulnerability.  The benefits of doing so have not
been made clear, really.

(By the way, I'd find it easier to reply if you continued the previous
thread instead of sending new mail and didn't include lines containing
only one space.  They're just small things, really, though.)

Regards,
-- 
MJ Ray (slef)
Webmaster for hire, statistician and online shop builder for a small
worker cooperative http://www.ttllp.co.uk/ http://mjr.towers.org.uk/
(Notice http://mjr.towers.org.uk/email.html) tel:+44-844-4437-237

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Re: [OSM-legal-talk] License update

2008-03-18 Thread Frederik Ramm
Hi,

 This could take a little while, so we're thinking of changing the  
 language of _new_ user signups to instead of releasing their work as  
 CC, but as CC _or_ the ODL if the rest of the community vote on it.

1. It is, in my eyes, far from clear what exactly the community
will vote on (will it be the ODL? what will the ODL look like by the
time?) 

2. It is also far from clear who will vote and how this voting will
look like. Who will be eligible? Etc.

What happens if the project splits as a consequence of the license
change, and the community in one sub-project gives it the license A and
the community in the other sub-project gives it the license B? 

Unless all this is clear to the person signing up, they'll have a very
hard time finding out what exactly they agree to by signing up - and
we have a very hard time telling them that without creating the
impression that we don't give a damn for the community process because
we know what the outcome will be anyway!

 Because there are so many users signing up that every day it gets
 harder to go back and pull out data if a change is made.

Very well. I suggest to ask everybody to sign up for PD because this
makes sure that their work is not lost to the project. Sounds easiest
to me. Those who don't do that will be included in the general license
change E-Mail process later.

Bye
Frederik

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Re: [OSM-legal-talk] License update

2008-03-18 Thread Charles Basenga Kiyanda
Frederik Ramm wrote:
 Hi,

   
 This could take a little while, so we're thinking of changing the  
 language of _new_ user signups to instead of releasing their work as  
 CC, but as CC _or_ the ODL if the rest of the community vote on it.
 

 1. It is, in my eyes, far from clear what exactly the community
 will vote on (will it be the ODL? what will the ODL look like by the
 time?) 

 2. It is also far from clear who will vote and how this voting will
 look like. Who will be eligible? Etc.

 What happens if the project splits as a consequence of the license
 change, and the community in one sub-project gives it the license A and
 the community in the other sub-project gives it the license B? 

 Unless all this is clear to the person signing up, they'll have a very
 hard time finding out what exactly they agree to by signing up - and
 we have a very hard time telling them that without creating the
 impression that we don't give a damn for the community process because
 we know what the outcome will be anyway!

   
I'm also wondering. How can one legally agree to release a contribution 
under a license which is unfinished? Or am I misunderstanding the 
situation and the ODL is in fact done?

Charles

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Re: [OSM-legal-talk] License update

2008-03-18 Thread Richard Fairhurst
Charles Basenga Kiyanda wrote:

 I'm also wondering. How can one legally agree to release a  
 contribution under a license which is unfinished? Or am I  
 misunderstanding the situation and the ODL is in fact done?

Technically speaking the user would be licensing their contributions  
under the ODC Factual Info Licence  
(http://www.opencontentlawyer.com/open-data/open-data-commons-factual-info-licence/),
 to which no changes are  
proposed.

The FIL is in essence a PD-style licence; but (if the community  
approves a change to ODBL) OSM would only republish these  
contributions under the terms of ODBL, thereby providing the  
share-alike/attribution-style protections.

As I alluded in my reply to Dom's e-mail earlier, users could also  
_additionally_ permit OSM to republish their contributions as public  
domain. This would essentially be formalising the wiki PD-user  
initiative.

cheers
Richard


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