Re: [OSM-legal-talk] New contributing agency

2013-11-21 Thread Simon Poole

(IMHO naturally) From a content pov, an agreement or a statement from a
contributing agency should be based roughly on the terms laid down in
the contributor terms
(http://www.osmfoundation.org/wiki/License/Contributor_Terms).   They
should mainly grant the OSMF the rights listed in (2) and it would be
nice if they would make a statement to the fact that they actually own
the necessary rights in the data to do so.

Simon
 
Am 20.11.2013 20:28, schrieb Fernando Trebien:
 It's a very similar situation indeed, Jaakko. Here such forms would
 take years to get processed sometimes, it all depends on the good will
 of who receives the request. I've noticed that this will is more
 responsive when the person knows how to answer, or at least knows who
 to delegate the request to (specially if this person is not a very
 specialized busy top manager), so simple and easy questions are more
 effective at getting a clear answer faster.

 Wish you luck as well!

 Fernando

 On Wed, Nov 20, 2013 at 4:24 PM, Jaakko Helleranta.com
 jaa...@helleranta.com mailto:jaa...@helleranta.com wrote:

 Same situation in Nicaragua. Many here say: Oh, it's all public
 domain! .. where they merely mean, We have it and can give it to
 you. Or: It's online and no one will protest (immediately at
 least) if you put it in OSM.

 The written permission (for which there are existing forms) is
 critical -- and I'm afraid that you'll likely not get that...

 Wishing you all the best, of course.

 Cheers,
 -Jaakko 

 --
 jaa...@helleranta.com mailto:jaa...@helleranta.com * Skype:
 jhelleranta * Mobile: +505-8845-3391 (Nicaragua) * Voice(mail) /
 SMS / What's app: +1-202-730-9778 tel:%2B1-202-730-9778
 * http://about.me/jaakkoh


 On Wed, Nov 20, 2013 at 1:19 PM, Fernando Trebien
 fernando.treb...@gmail.com mailto:fernando.treb...@gmail.com
 wrote:

 Thank you, Simon. You are correct, the LABGEO cartographers I
 have talked to don't seem to have access to any formal
 statement (contracts, laws, etc.) that ensures the data is
 truly public domain as they say. It is also possible that
 existing written statements would not clearly answer essential
 questions concerning ODbL compatibility. Considering some
 other problems (such as uninformed and uninterested Brazilian
 authorities, and lack of court decisions that would help us
 interpret the law), I believe that getting them to write down
 exactly what we need them to agree with would be safer for us
 and also more productive for us and for them.

 Since these authorities often erroneously equate public
 domain with free or open (not even knowing the
 differences between the two), I believe the questions for them
 should be:
 - how they expect their attribution to be visible to end users
 through OSM; and
 - whether the data can be used for commercial purposes.

 I don't know if these questions are enough, so I would like to
 hear your opinions and suggestions.

 Finally, we have already studied the data and found the
 conversion rather easy to do. Importing would probably require
 some coordinated effort, but for now it is the legal aspect
 that completely prevents us from beginning. Also, I think it
 would be fairer if the copyright page included a linked to the
 wiki page you mentioned, so that all contributors enjoy some
 similar level of visibility.

 Regards,

 Fernando


 On Tue, Nov 19, 2013 at 12:25 PM, Simon Poole si...@poole.ch
 mailto:si...@poole.ch wrote:


 Hi Fernando

 I gather from your questions that they are currently not
 distributing the data under a (well-)known licence or on
 any other documented terms?

 In any case before spending to much effort on trying to
 nail down the legal side, you really need to clarify if
 this is suitable data for OSM and if yes, if there is a
 process that will result in something that is digestible
 by the Brazilian community. So I would strongly suggest at
 least starting with the steps outlined in
 http://wiki.openstreetmap.org/wiki/Import/Guidelines 

 As to being mentioned on
 http://www.openstreetmap.org/copyright , there is no
 written in stone policy who gets on that page, in the past
 it seems to have been used as an extra bargaining chip in
 negotiation. Being listed there does not in any way
 indicate that the contributions are or were more important
 than contributions from the individuals and organisations
 listed here
 http://wiki.openstreetmap.org/wiki/Contributors . Clearly
 

Re: [OSM-legal-talk] New contributing agency

2013-11-20 Thread Fernando Trebien
Thank you, Simon. You are correct, the LABGEO cartographers I have talked
to don't seem to have access to any formal statement (contracts, laws,
etc.) that ensures the data is truly public domain as they say. It is
also possible that existing written statements would not clearly answer
essential questions concerning ODbL compatibility. Considering some other
problems (such as uninformed and uninterested Brazilian authorities, and
lack of court decisions that would help us interpret the law), I believe
that getting them to write down exactly what we need them to agree with
would be safer for us and also more productive for us and for them.

Since these authorities often erroneously equate public domain with
free or open (not even knowing the differences between the two), I
believe the questions for them should be:
- how they expect their attribution to be visible to end users through OSM;
and
- whether the data can be used for commercial purposes.

I don't know if these questions are enough, so I would like to hear your
opinions and suggestions.

Finally, we have already studied the data and found the conversion rather
easy to do. Importing would probably require some coordinated effort, but
for now it is the legal aspect that completely prevents us from beginning.
Also, I think it would be fairer if the copyright page included a linked to
the wiki page you mentioned, so that all contributors enjoy some similar
level of visibility.

Regards,

Fernando


On Tue, Nov 19, 2013 at 12:25 PM, Simon Poole si...@poole.ch wrote:


 Hi Fernando

 I gather from your questions that they are currently not distributing the
 data under a (well-)known licence or on any other documented terms?

 In any case before spending to much effort on trying to nail down the
 legal side, you really need to clarify if this is suitable data for OSM and
 if yes, if there is a process that will result in something that is
 digestible by the Brazilian community. So I would strongly suggest at least
 starting with the steps outlined in
 http://wiki.openstreetmap.org/wiki/Import/Guidelines

 As to being mentioned on http://www.openstreetmap.org/copyright , there
 is no written in stone policy who gets on that page, in the past it seems
 to have been used as an extra bargaining chip in negotiation. Being listed
 there does not in any way indicate that the contributions are or were more
 important than contributions from the individuals and organisations listed
 here http://wiki.openstreetmap.org/wiki/Contributors . Clearly there is a
 practical desire to keep the list on the copyright page as short as
 possible. Down the road we may have better mechanisms to build the
 attribution pages and then that may change. So for now it would depend on
 the outcome of any necessary negotiations.

 Simon




 Am 14.11.2013 18:58, schrieb Fernando Trebien:

  Hello everyone,

 I've recently contacted an institute (LABGEO) within a public university
 here in Brazil (UFRGS) and they've shown interest in contributing to OSM
 their data, which includes roads, land contours, vegetation data, maybe
 even geological data (it is a pretty extensive database). They would also
 like to be listed as a contributor here in this page:
 http://www.openstreetmap.org/copyright

  Though there may be a few details left to check yet, they've stated so
 far that the dada is already regularly used for commercial purposes by many
 Brazilian companies at zero cost. So here's my question: what kind of
 statement do they have to provide so that they get listed in that page?
 What questions does the statement need to answer?

 --
 Fernando Trebien
 +55 (51) 9962-5409

 The speed of computer chips doubles every 18 months. (Moore's law)
 The speed of software halves every 18 months. (Gates' law)


 ___
 legal-talk mailing 
 listlegal-talk@openstreetmap.orghttps://lists.openstreetmap.org/listinfo/legal-talk



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




-- 
Fernando Trebien
+55 (51) 9962-5409

The speed of computer chips doubles every 18 months. (Moore's law)
The speed of software halves every 18 months. (Gates' law)
___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] New contributing agency

2013-11-20 Thread Jaakko Helleranta.com
Same situation in Nicaragua. Many here say: Oh, it's all public domain! ..
where they merely mean, We have it and can give it to you. Or: It's online
and no one will protest (immediately at least) if you put it in OSM.

The written permission (for which there are existing forms) is critical --
and I'm afraid that you'll likely not get that...

Wishing you all the best, of course.

Cheers,
-Jaakko

--
jaa...@helleranta.com * Skype: jhelleranta * Mobile: +505-8845-3391 (Nicaragua)
* Voice(mail) / SMS / What's app: +1-202-730-9778 * http://about.me/jaakkoh


On Wed, Nov 20, 2013 at 1:19 PM, Fernando Trebien 
fernando.treb...@gmail.com wrote:

 Thank you, Simon. You are correct, the LABGEO cartographers I have talked
 to don't seem to have access to any formal statement (contracts, laws,
 etc.) that ensures the data is truly public domain as they say. It is
 also possible that existing written statements would not clearly answer
 essential questions concerning ODbL compatibility. Considering some other
 problems (such as uninformed and uninterested Brazilian authorities, and
 lack of court decisions that would help us interpret the law), I believe
 that getting them to write down exactly what we need them to agree with
 would be safer for us and also more productive for us and for them.

 Since these authorities often erroneously equate public domain with
 free or open (not even knowing the differences between the two), I
 believe the questions for them should be:
 - how they expect their attribution to be visible to end users through
 OSM; and
 - whether the data can be used for commercial purposes.

 I don't know if these questions are enough, so I would like to hear your
 opinions and suggestions.

 Finally, we have already studied the data and found the conversion rather
 easy to do. Importing would probably require some coordinated effort, but
 for now it is the legal aspect that completely prevents us from beginning.
 Also, I think it would be fairer if the copyright page included a linked to
 the wiki page you mentioned, so that all contributors enjoy some similar
 level of visibility.

 Regards,

 Fernando


 On Tue, Nov 19, 2013 at 12:25 PM, Simon Poole si...@poole.ch wrote:


 Hi Fernando

 I gather from your questions that they are currently not distributing the
 data under a (well-)known licence or on any other documented terms?

 In any case before spending to much effort on trying to nail down the
 legal side, you really need to clarify if this is suitable data for OSM and
 if yes, if there is a process that will result in something that is
 digestible by the Brazilian community. So I would strongly suggest at least
 starting with the steps outlined in
 http://wiki.openstreetmap.org/wiki/Import/Guidelines

 As to being mentioned on http://www.openstreetmap.org/copyright , there
 is no written in stone policy who gets on that page, in the past it seems
 to have been used as an extra bargaining chip in negotiation. Being listed
 there does not in any way indicate that the contributions are or were more
 important than contributions from the individuals and organisations listed
 here http://wiki.openstreetmap.org/wiki/Contributors . Clearly there is
 a practical desire to keep the list on the copyright page as short as
 possible. Down the road we may have better mechanisms to build the
 attribution pages and then that may change. So for now it would depend on
 the outcome of any necessary negotiations.

 Simon




 Am 14.11.2013 18:58, schrieb Fernando Trebien:

  Hello everyone,

 I've recently contacted an institute (LABGEO) within a public university
 here in Brazil (UFRGS) and they've shown interest in contributing to OSM
 their data, which includes roads, land contours, vegetation data, maybe
 even geological data (it is a pretty extensive database). They would also
 like to be listed as a contributor here in this page:
 http://www.openstreetmap.org/copyright

  Though there may be a few details left to check yet, they've stated so
 far that the dada is already regularly used for commercial purposes by many
 Brazilian companies at zero cost. So here's my question: what kind of
 statement do they have to provide so that they get listed in that page?
 What questions does the statement need to answer?

 --
 Fernando Trebien
 +55 (51) 9962-5409

 The speed of computer chips doubles every 18 months. (Moore's law)
 The speed of software halves every 18 months. (Gates' law)


 ___
 legal-talk mailing 
 listlegal-talk@openstreetmap.orghttps://lists.openstreetmap.org/listinfo/legal-talk



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




 --
 Fernando Trebien
 +55 (51) 9962-5409

 The speed of computer chips doubles every 18 months. (Moore's law)
 The speed of software halves every 18 months. (Gates' law)

 

Re: [OSM-legal-talk] New contributing agency

2013-11-20 Thread Fernando Trebien
It's a very similar situation indeed, Jaakko. Here such forms would take
years to get processed sometimes, it all depends on the good will of who
receives the request. I've noticed that this will is more responsive when
the person knows how to answer, or at least knows who to delegate the
request to (specially if this person is not a very specialized busy top
manager), so simple and easy questions are more effective at getting a
clear answer faster.

Wish you luck as well!

Fernando

On Wed, Nov 20, 2013 at 4:24 PM, Jaakko Helleranta.com 
jaa...@helleranta.com wrote:

 Same situation in Nicaragua. Many here say: Oh, it's all public domain! ..
 where they merely mean, We have it and can give it to you. Or: It's online
 and no one will protest (immediately at least) if you put it in OSM.

 The written permission (for which there are existing forms) is critical --
 and I'm afraid that you'll likely not get that...

 Wishing you all the best, of course.

 Cheers,
 -Jaakko

 --
 jaa...@helleranta.com * Skype: jhelleranta * Mobile: +505-8845-3391 
 (Nicaragua)
 * Voice(mail) / SMS / What's app: +1-202-730-9778 *
 http://about.me/jaakkoh


 On Wed, Nov 20, 2013 at 1:19 PM, Fernando Trebien 
 fernando.treb...@gmail.com wrote:

 Thank you, Simon. You are correct, the LABGEO cartographers I have talked
 to don't seem to have access to any formal statement (contracts, laws,
 etc.) that ensures the data is truly public domain as they say. It is
 also possible that existing written statements would not clearly answer
 essential questions concerning ODbL compatibility. Considering some other
 problems (such as uninformed and uninterested Brazilian authorities, and
 lack of court decisions that would help us interpret the law), I believe
 that getting them to write down exactly what we need them to agree with
 would be safer for us and also more productive for us and for them.

 Since these authorities often erroneously equate public domain with
 free or open (not even knowing the differences between the two), I
 believe the questions for them should be:
 - how they expect their attribution to be visible to end users through
 OSM; and
 - whether the data can be used for commercial purposes.

 I don't know if these questions are enough, so I would like to hear your
 opinions and suggestions.

 Finally, we have already studied the data and found the conversion rather
 easy to do. Importing would probably require some coordinated effort, but
 for now it is the legal aspect that completely prevents us from beginning.
 Also, I think it would be fairer if the copyright page included a linked to
 the wiki page you mentioned, so that all contributors enjoy some similar
 level of visibility.

 Regards,

 Fernando


 On Tue, Nov 19, 2013 at 12:25 PM, Simon Poole si...@poole.ch wrote:


 Hi Fernando

 I gather from your questions that they are currently not distributing
 the data under a (well-)known licence or on any other documented terms?

 In any case before spending to much effort on trying to nail down the
 legal side, you really need to clarify if this is suitable data for OSM and
 if yes, if there is a process that will result in something that is
 digestible by the Brazilian community. So I would strongly suggest at least
 starting with the steps outlined in
 http://wiki.openstreetmap.org/wiki/Import/Guidelines

 As to being mentioned on http://www.openstreetmap.org/copyright , there
 is no written in stone policy who gets on that page, in the past it seems
 to have been used as an extra bargaining chip in negotiation. Being listed
 there does not in any way indicate that the contributions are or were more
 important than contributions from the individuals and organisations listed
 here http://wiki.openstreetmap.org/wiki/Contributors . Clearly there is
 a practical desire to keep the list on the copyright page as short as
 possible. Down the road we may have better mechanisms to build the
 attribution pages and then that may change. So for now it would depend on
 the outcome of any necessary negotiations.

 Simon




 Am 14.11.2013 18:58, schrieb Fernando Trebien:

  Hello everyone,

 I've recently contacted an institute (LABGEO) within a public university
 here in Brazil (UFRGS) and they've shown interest in contributing to OSM
 their data, which includes roads, land contours, vegetation data, maybe
 even geological data (it is a pretty extensive database). They would also
 like to be listed as a contributor here in this page:
 http://www.openstreetmap.org/copyright

  Though there may be a few details left to check yet, they've stated so
 far that the dada is already regularly used for commercial purposes by many
 Brazilian companies at zero cost. So here's my question: what kind of
 statement do they have to provide so that they get listed in that page?
 What questions does the statement need to answer?

 --
 Fernando Trebien
 +55 (51) 9962-5409

 The speed of computer chips doubles every 18 months. (Moore's law)
 The 

Re: [OSM-legal-talk] New contributing agency

2013-11-19 Thread Simon Poole

Hi Fernando

I gather from your questions that they are currently not distributing
the data under a (well-)known licence or on any other documented terms?

In any case before spending to much effort on trying to nail down the
legal side, you really need to clarify if this is suitable data for OSM
and if yes, if there is a process that will result in something that is
digestible by the Brazilian community. So I would strongly suggest at
least starting with the steps outlined in
http://wiki.openstreetmap.org/wiki/Import/Guidelines 

As to being mentioned on http://www.openstreetmap.org/copyright , there
is no written in stone policy who gets on that page, in the past it
seems to have been used as an extra bargaining chip in negotiation.
Being listed there does not in any way indicate that the contributions
are or were more important than contributions from the individuals and
organisations listed here
http://wiki.openstreetmap.org/wiki/Contributors . Clearly there is a
practical desire to keep the list on the copyright page as short as
possible. Down the road we may have better mechanisms to build the
attribution pages and then that may change. So for now it would depend
on the outcome of any necessary negotiations.

Simon




Am 14.11.2013 18:58, schrieb Fernando Trebien:
 Hello everyone,

 I've recently contacted an institute (LABGEO) within a public
 university here in Brazil (UFRGS) and they've shown interest in
 contributing to OSM their data, which includes roads, land contours,
 vegetation data, maybe even geological data (it is a pretty extensive
 database). They would also like to be listed as a contributor here in
 this page: http://www.openstreetmap.org/copyright

 Though there may be a few details left to check yet, they've stated so
 far that the dada is already regularly used for commercial purposes by
 many Brazilian companies at zero cost. So here's my question: what
 kind of statement do they have to provide so that they get listed in
 that page? What questions does the statement need to answer?

 -- 
 Fernando Trebien
 +55 (51) 9962-5409 tel:%2B55%20%2851%29%209962-5409

 The speed of computer chips doubles every 18 months. (Moore's law)
 The speed of software halves every 18 months. (Gates' law)


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

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