[Talk-GB] London development event, Aug 8-9

2015-07-01 Thread Matt Amos
The OpenStreetMap London group would like to invite you to our next
development event. If you'd be interested in a weekend of collaborative
development of OpenStreetMap and open geodata technologies, please sign up
at http://www.eventbrite.com/e/osm-london-hack-weekend-tickets-17511175397
Sadly, space is limited and signing up for a ticket is necessary.

The theme for this event is mobile development and we would especially like
to welcome anyone with an interest or experience in that area. If mobile
isn't your thing, that's cool too; everyone's welcome to come and hack on
OSM and open geodata projects! This isn't just an event for developers - we
need designers, UX experts, testers, users, mappers and all kinds of people
to help us make the best possible result!

Over the course of the weekend, we'll figure out a plan and then try to
implement it. Note that this isn't one of those competitive hacking
competitions; there might be different teams working on different things,
but we're all working together. The planning will take place on Saturday
morning, so please take that into account in your plans.

Our thanks to our hosts for the weekend, Geovation Hub, for letting us use
their office, which is fully accessible.

For more info and tickets, please see
http://www.eventbrite.com/e/osm-london-hack-weekend-tickets-17511175397
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Re: [OSM-talk] No new information on the SOTM since January 2014

2014-04-05 Thread Matt Amos
On Fri, Apr 4, 2014 at 10:32 PM, Steve Coast st...@asklater.com wrote:
 SOTM EU and US, combined with the OSMF focus on being more of a theoretical 
 body have reduced the profit and motivation in doing a SOTM to approximately 
 zero. I hope it still happens, but I'd be surprised.

it wasn't so long ago [1] that people were writing they'd heard
comments that OSM had been devised by Steve as a way to make a heap
of money from other peoples' effort, and there was recurring
criticism that he was behaving in some sort of sinister way. so it's
saddening, and not a little hypocritical, for steve to come out with
the same sorts of evil board conspiracy theories now.

the truth, as always, is more prosaic: back in September 2013, the
SOTM working group reported The time of one state of the map (and
therefore all the sponsors) is over, so we need to think about the
role in the conference(s) in funding the operations of the OSMF and
server system. Previously it has been our main annual source of
income. [2]. as a result, other funding options were explored, and
the board minuted The OSMF funding model for 2014 and beyond is based
on a combined model  OSMF organised conferences (State Of The Map)
should continue to be at least self-financing. [3] in response.

the suggestion that the SOTM working group members are not motivated
is a new one to me. the last report from SOTM working group itself [4]
did not say anything of the sort. if any of them are reading this and
are feeling unable to continue, then - please! - let us know. i'm sure
alternative plans can be made, and i understand how hard it is to push
through to finishing something which has sapped all of your energy
(see the license change saga).

so, did OSMF reduce the profitability of SOTM - no. did OSMF reduce
the motivation of SOTM organisers - no. i, also, hope that SOTM
happens, and i hope it is very successful.

OSMF working groups are made up of members of the community - like
yourself - and if you feel strongly about some issues then i urge you
to offer your assistance to a working group, or join one. the OSMF
board is democratically elected and, although it's a lot of work, you
might consider running at the next AGM (iirc, at SOTM14).

cheers,

matt

(opinions above are solely my own except for quotations drawn from the
sources below)

[1] https://lists.openstreetmap.org/pipermail/legal-talk/2007-March/000217.html
[2] 
https://docs.google.com/document/d/1EZHwUhWoRJ__DzmIW-FgzEKktji9AZQ1K_UDFx_PXrc/pub
[3] http://wiki.osmfoundation.org/wiki/Board_Meeting_Minutes_2013-12-10
[4] 
https://docs.google.com/document/d/1LVGogPGbFT88bfNY1MpK5PRZA9qi1Ys6QFz0Cl7OYcY/pub

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Re: [OSM-talk] No new information on the SOTM since January 2014

2014-04-05 Thread Matt Amos
On Sat, Apr 5, 2014 at 3:11 PM, Kathleen Danielson
kathleen.daniel...@gmail.com wrote:

 On Apr 5, 2014 9:15 AM, Matt Amos zerebub...@gmail.com wrote:

 On Fri, Apr 4, 2014 at 10:32 PM, Steve Coast st...@asklater.com wrote:
  SOTM EU and US, combined with the OSMF focus on being more of a
  theoretical body have reduced the profit and motivation in doing a SOTM to
  approximately zero. I hope it still happens, but I'd be surprised.

 it wasn't so long ago [1] that people were writing they'd heard
 comments that OSM had been devised by Steve as a way to make a heap
 of money from other peoples' effort, and there was recurring
 criticism that he was behaving in some sort of sinister way. so it's
 saddening, and not a little hypocritical, for steve to come out with
 the same sorts of evil board conspiracy theories now.

 Matt,

 Steve was merely expressing his doubt that the conference would come
 together. He cast no aspersions on the Board that I could see and just
 described the landscape of conferences as he sees it.

okay. i read it very differently, where OSMF focus on being more of a
theoretical body is very much an aspersion, although an oblique one.

in follow-up emails, i definitely take the OSMF has decided to not do
anything this year and ... while the OSMF board decides which open
source telephony solution is ideal as aspersions, as in [1], where
Steve seems to be trivialising the OSMF board, or falsely representing
the views of its members.

 Suggesting that this
 is somehow a conspiracy theory is a stretch, and seems like you're just
 looking for an excuse to dump on Steve.

i'm sorry it seems that way. perhaps a bit more background would have
been in order, but i was trying to keep the length of the email under
'essay' length.

i remember very well when Steve himself was the target of such
aspersions, as i was trying to point out, and as in [2]. therefore it
is saddening to me that the difficult experiences he had, both before
the OSMF board and on it, don't appear to prevent him from creating
difficult experiences for the current board.

 Feel free to respectfully disagree with Steve, me, or anyone on these
 threads,  but calling someone hypocritical is unkind and unproductive.

i apologise profoundly for any offence that i caused Steve. i was
trying to find a word to adequately express the dichotomy between
rightly criticising those who are seem to be negative towards the
board while in office and seeming to be negative towards the board
when not. in any case, it is the action, not the person, that i was
trying to call out.

as to being productive - i think is important to say that getting
involved in OSMF is the most productive way to effect change. casting
oblique aspersions is not only negative, but likely to attract more
negative responses. perhaps i should have heeded Steve's advice to
prospective board members:

... the main thing you should be prepared for isn't so much the time
commitment but the fact that it's a thankless task. You will have to
make choices between two equally bad options and take the flak for
it. [3]

i just didn't think, when i was discussing my candidacy with him
before the 2011 AGM, that so much of the flak would be coming from
him.

cheers,

matt

[1] https://lists.openstreetmap.org/pipermail/osmf-talk/2012-October/001858.html
[2] NOTE: i include this because it emphatically demonstrates the
level of frustration which can be experienced when one is confronted
by people being negative, or downplaying one's efforts:
https://lists.openstreetmap.org/pipermail/talk/2007-July/015267.html
[3] https://lists.openstreetmap.org/pipermail/osmf-talk/2011-August/001214.html

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[Talk-GB] Final call for ideas!

2014-03-14 Thread Matt Amos
hi everyone,

the SOTM-EU call for presentations [1] closes on Monday (17th)!

i'd like to encourage you to share an idea with the OSM community at
the EU conferece - it's going to be a great time to start
collaborations and discussions, and help make OSM better. so if
there's anything you're working on, interested in or just want to talk
about, then please have a think about it over the weekend and submit a
talk, or two, or more :-)

cheers,

matt

[1] http://sotm-eu.org/pages/cfp

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[Talk-GB] London Hack Weekend - Mar 8 9

2014-02-11 Thread Matt Amos
we're having a hack weekend on the 8th and 9th March, graciously
hosted by AOL / MapQuest at their offices in central London. it would
be great to see you there!

full details are available on the wiki page [1], and there's also an
event on Lanyrd [2]. please sign up to at least one of these if you
are planning to attend, both so that we're able to judge the amount of
power sockets we'll need, and for fire safety / security.

in addition, we'll be socialising in the pub on the Friday and
Saturday evenings - if hacking isn't your thing, we'd be very happy to
see you there. venues TBA at the moment, and suggestions welcome.

cheers,

matt

[1] http://wiki.openstreetmap.org/wiki/London/London_Hack_Weekend_Mar_2014
[2] http://lanyrd.com/2014/osmhack/

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[Talk-GB] London hack weekend

2014-02-05 Thread Matt Amos
after the last hack weekend, i wanted to have another around the
beginning of March, and that's rapidly approaching. here's a doodle
poll for the weekends and if you're interested in coming, please
indicate which weekends you'd be available.

http://www.doodle.com/hh4vnx2p8kzrnypv#table

thanks,

matt

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[Talk-GB] SOTM-EU Call for Presentations

2013-12-17 Thread Matt Amos
hi everyone,

the SOTM-EU call for presentations [1] has been announced. if you're
working on a tool, some software, a research or community project or
business - or anything related to OSM then it would be great to have a
presentation sharing your ideas at SOTM-EU.

we're looking forward to getting some very interesting submissions
and, with your help, making SOTM-EU really exciting.

cheers,

matt

[1] http://sotm-eu.org/pages/cfp

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[Talk-GB] London Hack Weekend - 30 Nov / 1 Dec

2013-10-26 Thread Matt Amos
we're having a hack weekend on the 30th November and 1st December,
graciously hosted by AOL / MapQuest at their offices in central
London. it would be great to see you there!

full details are available on the wiki page [1], and there's also an
event on Lanyrd [2]. please sign up to at least one of these if you
are planning to attend, both so that we're able to judge the amount of
power sockets we'll need, and for fire safety / security.

in addition, we'll be socialising in the pub on the Friday and
Saturday evenings - if hacking isn't your thing, we'd be very happy to
see you there. venues TBA at the moment, and suggestions welcome.

cheers,

matt

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Re: [Talk-GB] London Hack Weekend - 30 Nov / 1 Dec

2013-10-26 Thread Matt Amos
On Sat, Oct 26, 2013 at 3:57 PM, Matt Amos zerebub...@gmail.com wrote:
 full details are available on the wiki page [1], and there's also an
 event on Lanyrd [2].

of course, it would have been more helpful if i'd actually put the links in...

[1] http://wiki.openstreetmap.org/wiki/London/London_Hack_Weekend_Nov_2013
[2] http://lanyrd.com/crxqm

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Re: [OSM-talk] RFC - OSM contributor mark

2013-01-11 Thread Matt Amos
On Fri, Jan 11, 2013 at 2:26 PM, Alex Barth a...@mapbox.com wrote:
 ## Proposal

 Inspired by successful campaigns like Intel Inside and Fair Trade, this 
 RFC proposes an OpenStreetMap contributor mark for use on OpenStreetMap based 
 maps. The goal of the OSM contributor mark is to be adopted by as many OSM 
 data users as possible and on as many OSM based maps as possible, thus 
 creating more awareness of the value of free and open geographic data.

this sounds like an interesting idea. it's worth noting that the ODbL
requires a textual attribution, and we suggest a link to the
copyright page [1] where it is appropriate to the medium. are you
suggesting that the OSM contributor mark would be an additional,
voluntary, on-screen display?

from your examples it seems that you'd consider this mark to be a
replacement for the required textual attribution - is that right?

also, i am confused by the contributor part of it - isn't this an
OSM data user mark?

 With these goals in mind

 - the mark should be compelling and recognizable (i.e. not generic).

i find this hammer-in-teardrop symbol to be very generic, and not very
compelling.

 - it should work off maps in cases where thumbnail maps need to be attributed 
 e.g. in mobile devices
 - the mark should be clearly distinct from common map user interface elements.
 - the mark should link to a page on openstreetmap.org that explains the 
 openness of OSM data and its local, community driven nature.

this sounds like a general about page to me. which is fine - we need
a good about page, and the example you've given looks good. a few
points i noticed:
 - its very graphically heavy
 - the explanation its trying to provide is mostly off-screen, and (at
least on my display) initially occupies a tiny area in the lower left
of the screen. if this is the important part of the page, rather than
the picture, shouldn't it be more prominent?
 - as ppawel has already pointed out, it's pretty radically and
confusingly differently styled to the rest of the OSM sites.
 - (minor) probably better to link to learnosm than the wiki? seems
rather cruel to subject someone to the wiki when it might be only the
second OSM page they see ;-)

cheers,

matt

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Re: [OSM-talk] RFC - OSM contributor mark

2013-01-11 Thread Matt Amos
On Fri, Jan 11, 2013 at 4:21 PM, Matt Amos zerebub...@gmail.com wrote:
 a link to the copyright page [1]

oops, forgot to add the footnote last time

[1] http://www.openstreetmap.org/copyright

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Re: [OSM-talk] OpenStreetMap Future Look

2013-01-08 Thread Matt Amos
On Tue, Jan 8, 2013 at 3:54 PM, Christian Quest cqu...@openstreetmap.fr wrote:

 2013/1/8 Frederik Ramm frede...@remote.org:
  That is exactly the approach that I would recommend if someone were to ask
  me how to move forward - have a small discussion if you want but
  essentially, just build the damn thing, or at least a prototype for people
  to play with, and get people interested.
 

 +1 !

 Less talks, more action ;)

 OSM like many opensource projects is a do-o-craty...

 But some talks are good too to coordinate actions and avoid overlapping work.

+1, too!

a diverse group of people trying new ideas, building cool new stuff
and having fun would seem to be the ideal approach. i certainly think
that such a thing is possible, and that we can build something awesome
together.

of course there's a place in this (as Clifford originally pointed out)
for an equivalent to Red Hat to donate the time of their employees
towards this diverse group, in a similar manner to how the Linux
community works.

the alternative (WMF) suggestion seems like very much a top-down,
committee-oriented thing - i hope the irony of a five year plan
wasn't lost on them*. personally, i think this would remove a lot of
the diversity and creativity of the development community.

cheers,

matt

*: Plan is law, fulfillment is duty, over-fulfillment is honor!

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Re: [OSM-talk] OpenStreetMap Future Look

2013-01-08 Thread Matt Amos
On Tue, Jan 8, 2013 at 6:06 PM, Paweł Paprota ppa...@fastmail.fm wrote:

 (...)


 What you describe sounds good in theory (ecosystem) but in practice it
 does not work that way. You can't just pick and choose some cool
 projects and integrate them into the main site.

it's possible - and it's been done several times in the past. that's
not to say it's easy, or that no code needs to be written for such
integration, but it does work that way.

 Software (in particular,
 open source software) is not a puzzle that can be easily thrown together
 and create something bigger than one piece.

i agree - it's not easy. not with any kind of software that hasn't
been written with that specific purpose in mind.

 Look at distro packaging people - there is tremendous amount of work
 going into delivering upstream projects to actual users at the end. Look
 at all the glue between all components (like D-Bus, systemd etc) that is
 needed for a fully working system.

 Now take this Linux methaphor and apply it to OSM and its main website.
 In my time that I spent following Rails Port and in general main website
 development (about 6 months) I have seen 2 maybe 3 people writing major
 pieces of code for Rails Port, some of those pieces have been rejected
 from merging for various reasons.

i, and i hope everyone else too, applaud those people for their
efforts. however, as every maintainer learns, it's a difficult
balancing act to merge new features while keeping quality high - which
sometimes means that some things don't get merged first time. i'm
certain that this happens in the linux kernel too, and it's happened
to me in the rails_port: i took the feedback, improved my code and
re-submitted.

 All I'm saying that it's not as easy as you make it sound and pursuing
 funding for improving the main website is a viable thing to do,

hard to tell who made it sound easy, as the quoted post is missing,
and i wouldn't say that anything involving production software is
every truly easy.

 otherwise we will have to keep waiting X years or maybe forever for some
 of the more complex pieces to be fit into the puzzle.

i think we can be more optimistic than that - we're all trying to
improve OSM, so rather than endlessly discussing all the negative
things, perhaps we could get back to doing what we enjoy: writing code
/ mapping / etc...

cheers,

matt

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Re: [OSM-talk] OpenStreetMap Future Look

2013-01-08 Thread Matt Amos
On Tue, Jan 8, 2013 at 7:20 PM, Paweł Paprota ppa...@fastmail.fm wrote:
 Ideally people from the ecosystem would be willing to write some code to
 integrate their cool projects into the main site. That is clearly not
 happening.

sure, ideally. it doesn't happen often and there are a wide range of
reasons for it, often simply that integration into the site requires
completely different skills from implementing the original cool
project, or that it seems too complex or time-consuming to do so.

finding out why and trying to improve the situation are parts of why
EWG was set up. but, as you said before, sometimes it's not the
greatest way to discuss major features. but surely better than not
discussing them at all?

 i think we can be more optimistic than that - we're all trying to
 improve OSM, so rather than endlessly discussing all the negative
 things, perhaps we could get back to doing what we enjoy: writing
 code / mapping / etc...

 Sure, that's always good but note that another thread about OSM's future
 ends in basically no conclusion. Or rather the conclusion seems to be
 that all is fine and the future is secured with the current approach.

in any large project and whenever a group of people get together there
will be differences in view, and it is often difficult to get
consensus (sometimes even more difficult than integrating software).
but just because it is difficult doesn't mean that the result isn't
worth trying to achieve: these threads (and WG discussions) are part
of the process of approaching the future - one can't expect a single
meeting or discussion thread to satisfy everyone, or necessarily come
to any solid conclusion at all.

cheers,

matt

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Re: [OSM-talk] OpenStreetMap Future Look

2013-01-08 Thread Matt Amos
On Tue, Jan 8, 2013 at 8:19 PM, Roland Olbricht roland.olbri...@gmx.de wrote:
 Dear Matt,

  Ideally people from the ecosystem would be willing to write some code to
  integrate their cool projects into the main site. That is clearly not
  happening.

 sure, ideally. it doesn't happen often and there are a wide range of
 reasons for it, often simply that integration into the site requires
 completely different skills from implementing the original cool
 project, or that it seems too complex or time-consuming to do so.

 finding out why and trying to improve the situation are parts of why
 EWG was set up. but, as you said before, sometimes it's not the
 greatest way to discuss major features. but surely better than not
 discussing them at all?

 Thank you. For me it is new insight that writing more code for the Rails Port
 is an issue. I've just added a clarifying remark to the wiki, please feel free
 to clarify it further.

oh dear... strike another one for Getting The Message Out... :-(

 In particular, would you appreciate a rails branch with the POI layer to
 faciliate a later integration?

yes, please! :-)

cheers,

matt

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Re: [OSM-talk] Multiple Layers for OSM

2012-09-24 Thread Matt Amos
On Mon, 2012-09-24 at 09:36 +0200, Jochen Topf wrote:
 It turns out there are many other interesting uses of multiple layers but also
 many technical and social questions around them. I have written down my 
 thoughts
 on this subject in a (rather lengthy) blog post:
 
 http://blog.jochentopf.com/2012-09-23-multiple-layers-for-osm.html

what do you think of the Potlatch 2 vector backgrounds [1] and snapshot
server [2] as steps in the direction of fixing this?

cheers,

matt

[1] http://wiki.openstreetmap.org/wiki/Potlatch_2_merging_tool
[2] http://wiki.openstreetmap.org/wiki/Snapshot_Server



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Re: [OSM-talk] OWL down

2012-05-16 Thread Matt Amos
On Wed, May 16, 2012 at 7:17 PM, John Goodman j...@qlam.com wrote:
 I sent a message to User Matt (who supposedly maintains OWL) last Friday,
 but never got a reply.

deepest apologies for not getting back to you. unfortunately the
ongoing license change is absorbing all of my free time at the moment.

 Even when the maps were working, its RSS feed was something like 40 days
 behind. I posted about that two weeks ago here and no one seems to know what
 is going on.

the situation is: OWL was running on the development machine, but the
load it was causing on that (shared) machine was so high that it
generally wasn't able to keep up with the main database. to free up
that machine so that others can actually use it, another machine was
allocated and partially set up (called 'zark'). we hit the license
change at around the same time, which is going to mean changes in the
history, and OWL must be updated to be aware of those.

in summary, OWL on the dev machine is probably not coming back. OWL on
zark will be coming online after the license change, or sooner if
someone wants to volunteer to do the rest of the development / set-up
to get it working. *but* even if it comes back sooner, it's likely
there will be some pretty significant re-loading to do after the
license change is finished.

cheers,

matt

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Re: [Talk-GB] OSM Analysis New Data and bot

2011-06-10 Thread Matt Amos
On Fri, Jun 10, 2011 at 12:36 PM, SteveC st...@asklater.com wrote:
 There are tons of things. People drive in the US so pubs are difficult to 
 arrange things around. Mapping in the US is boring because of the big gridded 
 cities. I map much less in the US than the UK. It's not just that there are 
 roads there already, which by the way is a good thing because I have sat for 
 hours correcting them against aerial.

 It's just not that simple to say imports killed it.

some interesting facts:

http://matt.dev.openstreetmap.org/editors_urban_per_month.png
http://matt.dev.openstreetmap.org/editor_growth_comparison.png

when the AND import ran (around sep '07), it seems the NL community
was already about an order of magnitude larger than the US community
when the TIGER import ran (roughly sep '07 - feb '08). in the
comparison, with fewer countries but the time base adjusted so that
they all hit 1 user per month per million urban population at the same
time, it's pretty clear to see that the UK, NL and RU communities seem
to be carving roughly the same path. the germans grew much faster over
their first 3 years than other communities.

the US is difficult to interpret. one view is that it grew at
approximately the same rate as UK, NL and RU until about 1.5 years in,
where it plateaus. that's late 2009, when there was lots of TIGER
fixup activity and some big mapping parties (e.g: Atlanta). the
alternative view is that the growth rate is actually smaller, but that
there's a temporary peak mid-late 2009 which masks that.

given that these numbers are normalised to the *urban* population,
population density issues don't come into it - we're basically looking
at cities. and given that AT and RU have a much lower proportion of
their populations in urban areas than the US. Canada has about the
same urbanisation as the US, and similar gridded cities, and similar
attitudes to driving [1], but a growth curve the same as France or
Spain.

this doesn't tell us what the cause of slow community growth in the US
is, but it does tell us that it isn't population density, it isn't
driving attitudes and it isn't the interestingness (or not) of the
road layout.

cheers,

matt

[1] 77% of Canadians use public transport a few times a year or
less, compared with 88% of those in the US, 48% in the UK and 13% in
Russia, according to
http://switchboard.nrdc.org/blogs/kbenfield/natgeo_surveys_countries_trans.html

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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-07 Thread Matt Amos
On Tue, Jun 7, 2011 at 10:44 AM, Ed Avis e...@waniasset.com wrote:
 Grant Slater openstreetmap@... writes:

- block anyone who says no from contributing
and presto! you have your 2/3 majority of active contributors.

Reality check... So to steal all our precious data and kick the
majority of the contributors the stupid evil OSMF you propose would
have to shut down people contributing and joining OSM for 9 MONTHS
before they could run such a rigged system.

 You're right, it is a fanciful and unrealistic example, at least from the 
 point
 of view of keeping a running OSM project with contributors.  It would be a way
 to get a static copy of the map under any terms wanted.

 However, what I hope people realize is that these 'evil conspiracy theory'
 arguments are the same ones used to assert that CC-BY-SA doesn't protect the
 data, any company could just copy it, and so on, despite not a shred of 
 evidence
 that this has happened.

funny thing is, i don't see these 'evil conspiracy theory' arguments
coming from lawyers, whereas i've heard the 'CC-BY-SA doesn't protect
the data' argument coming not only from lawyers, but also from
Creative Commons itself!

 I wish people would apply a more realistic perspective
 and 'assume good faith' a little bit more in these matters too.

as do i. everyone serving on OSMF working groups, including LWG, cares
deeply about the state and future of OSM, and they spend a great deal
of their time trying to ensure that future. (small plug for the OSMF
workshop, Sunday 12th - come along and chat with the board members and
other interested OSMF members [1])

 All I intended
 to demonstrate is that no amount of legalese and boilerplate in the licence or
 contributor terms will block out all possible abuses, so we should lighten up
 a bit.

you're absolutely right. no matter what the license we have, or the
terms that are offered to contributors, there will always be people
and companies using the data without complying with the license, or
contributors (possibly companies) uploading data which can't be safely
used as part of OSM. i do believe that the new license and contributor
terms better define what is acceptable, and that if/when it becomes
necessary to take action in the future, we'll be in a better place.

cheers,

matt

[1] http://wiki.openstreetmap.org/wiki/Foundation/Board_Meeting_June_2011

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Re: [OSM-talk] User diary enhancements, subscriptions, Facebook/Twitter integration

2011-05-09 Thread Matt Amos
On Mon, May 9, 2011 at 12:51 AM, Samat K Jain li...@samat.org wrote:
 On Saturday, May 07, 2011 08:26:28 AM Kai Krueger wrote:
 Yes, there is a fully functional OpenID implementation.
 http://openid.dev.openstreetmap.org/

 However, it currently doesn't seem to have the political support necessary
 to get it merged. But perhaps if enough people express their interest this
 might change.

 What exactly do OpenID supporters need to do to express the requisite 
 political support?

 The last thread on OpenID was one I started back in February:

  http://gis.638310.n2.nabble.com/OpenID-for-OpenStreetMap-td6010177.html

 This thread is repeating arguments already made…

as in the thread that you refer to:

On Feb 10, 2011; 9:15am, TomH wrote:
 Because there are a few outstanding issues with the implementation (yes,
 we have an implementation) that we need to resolve first.

 Actually, they're mostly not with the implementation but with the fact
 that the unit tests are currently broken on that branch. I know how to
 fix that now, but I haven't had time to do it.

this is not a matter of political support, but a matter of fixing the
broken unit tests for OpenID support. however, it seems that no-one
really wants OpenID support enough to spend the time to fix them.

i'm sure if you asked TomH nicely, he'll explain in more detail what
needs to be done, if anyone feels like getting their hands dirty.

cheers,

matt

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[Talk-GB] Fwd: [OSM-legal-talk] per changeset relicensing

2011-02-15 Thread Matt Amos
i know being able to agree to the new CTs is a concern for some
people, especially with sources which may have been used in only a
small number of edits. one potential solution could be allowing each
changeset to carry some relicensability information, as richard sets
out below. there's a survey at the end so that we (LWG) can determine
if this would be a useful feature or not, and i encourage everyone to
have a think about it and have a go at the survey.

cheers,

matt


-- Forwarded message --
From: Richard Weait rich...@weait.com
Date: Tue, Feb 1, 2011 at 4:38 PM
Subject: [OSM-legal-talk] per changeset relicensing
To: Licensing and other legal discussions. legal-t...@openstreetmap.org


There have been previous discussions regarding per changeset relicensing.

I'd like to know if developing the tools to allow per changeset
relicensing is worthwhile.  There will be some effort involved in the
coding, so it would be good to know in advance if this option will be
used by many or few mappers.

The intent of per changeset relicensing is to permit those with a
general agreement to the terms and license, but with a specific
concern about a source for a particular changeset to relicense their
data, but not relicense that data about which they are concerned.

Example:

Prof. Mapper maps by GPS and survey as she travels.  She also helped a
friend map in Erehwon, and added street names from Erehwon Council
data.  Erehwon council have given permission for derivation to OSM
under CC-By-SA, but discussion is continuing re: CT/ODbL, Prof. Mapper
agrees with CT/ODbL but recognizes that She doesn't have permission
yet to relicense the Erehwon street names.

Prof. Mapper could accept CT/ODbL for the bulk of her mapping, and
mark the seven Erehwon changesets a with a checkbox for Do Not
Relicense and with a note, Pending Erehwon Council permission.

This allows several options in the future. It points out datasets and
mappers with interest in discussing relicensing with a specific data
provider.  Should Erehwon Council agree to ODbL prior to any change
over date, the data can be included. If not, Prof. Mapper may continue
with their unencumbered data.



http://www.surveymonkey.com/s/WFVK6XS

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Re: [Talk-GB] Adding a further 250, 000 UK roads quickly using a Bot?

2011-02-03 Thread Matt Amos
On Thu, Feb 3, 2011 at 11:03 AM, Jerry Clough : SK53 on OSM
sk53_...@yahoo.co.uk wrote:
 OS OpenData is out-of-date. The April 2010 StreetView tiles are at least 2
 years old, and where I've checked VDM is similarly dated. I have not failed
 to find a significant change between OS OpenData (and Bing imagery) in
 detailed surveys I've done this year. Chris Hill has a similar experience.

+1.

i've had to remove several things which were traced and tagged from OS
which are no longer present. for example; [1], which was demolished in
2007 (and deconsecrated some time previously).

it's not the use of OS data which is the problem, it's using it in
areas of which there's no recent local knowledge and, pretty much by
definition, any bot would have no local knowledge ;-)

cheers,

matt

[1] http://www.openstreetmap.org/browse/changeset/6152842

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Re: [Talk-GB] Adding a further 250, 000 UK roads quickly using a Bot?

2011-02-03 Thread Matt Amos
On Thu, Feb 3, 2011 at 11:55 AM, Peter Miller peter.mil...@itoworld.com wrote:


 On 3 February 2011 11:32, Matt Amos zerebub...@gmail.com wrote:

 On Thu, Feb 3, 2011 at 11:03 AM, Jerry Clough : SK53 on OSM
 sk53_...@yahoo.co.uk wrote:
  OS OpenData is out-of-date. The April 2010 StreetView tiles are at least
  2
  years old, and where I've checked VDM is similarly dated. I have not
  failed
  to find a significant change between OS OpenData (and Bing imagery) in
  detailed surveys I've done this year. Chris Hill has a similar
  experience.

 +1.

 i've had to remove several things which were traced and tagged from OS
 which are no longer present. for example; [1], which was demolished in
 2007 (and deconsecrated some time previously).

 it's not the use of OS data which is the problem, it's using it in
 areas of which there's no recent local knowledge and, pretty much by
 definition, any bot would have no local knowledge ;-)

 Would it be useful to be able to add annotations to base layers to indicate
 where they are wrong. For example to add a polygon to a Bing or Yahoo aerial
 or OS Streetview layer that partly obsures the image and says 'this area has
 changed' or something similar. This would need to be flagged for re-checking
 when the source material is updated.

it seems to me that this would simply add another place for stuff to
be wrong, whether out of date or simply mis-entered or misunderstood.
all data is out-of-date the moment it's been surveyed, so while other
data sources are useful, i prefer to base my own efforts on knowledge
of the area or real surveying.

 Another approach would be for the submit process to put up an alert 'you are
 adding a feature which has previously been deleted - the deletion included
 the following comment in the changeset'.

with fuzzy matching of the features to prevent against misspelling,
differences in tagging, etc... this sounds very cool, but my
SMOP-sense is tingling. ;-)

as andy pointed out, i think we're addressing the wrong problem and
trying to fix it technically. maybe the best way forward is to address
the social problem: what can we do to grow the community? is it just
me, or did we used to have more mapping parties? (maybe it's just the
winter) do we need to try and reach out to cycling / youth /
technology SIGs and hope that some of them find this as addictive as
we do?

OSM is a wiki, which means it's only mildly annoying when people trace
OS / Yahoo / Bing data into my local area (or import a bunch of
massively positionally inaccurate bus stops). i can watch the area
using the tools available and correct it. but my local area is quite
small - how can we get more people to monitor and garden their own
local area?

finally, if it's a rich, accurate and detailed data set you want then
importing OS data isn't going to help. someone will need to put in the
extra stuff that's not on OS / Yahoo / Bing. so we're going to need
people on the ground surveying or living there anyway...

cheers,

matt

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Re: [Talk-GB] Adding a further 250, 000 UK roads quickly using a Bot?

2011-02-03 Thread Matt Amos
On Thu, Feb 3, 2011 at 1:17 PM, Ed Avis e...@waniasset.com wrote:
 Dair Grant dair@... writes:

 There is suggestion raised by a number of people, but refuted by others that
 imports reduce the number of contributors.

It has been denied, not refuted. I think the closest there is to real data
on the effect is:

http://www.asklater.com/matt/wordpress/2009/09/imports-and-the-community-ii

 We do also have real data on the effect of not doing imports - the towns which
 are almost completely unmapped.  While importing data from OS may not be 
 ideal,
 doing nothing and waiting for somebody to go and map it doesn't seem like a
 successful strategy either, if the past five years are a guide.

 For prosperous city areas there is no difficulty finding a local mapper who 
 will
 take on a new hobby to get away from the computer screen for a few hours.  But
 OSM has a real coverage gap in socially disadvantaged areas (Fake SteveC has a
 pithier name for them).  But we want a complete map and not just a map of 
 where
 the typical OSM contributor lives.  If using some of the work already done by
 the Ordnance Survey helps us get there, that has to be a good thing.

my experience of the OS data traced into my local area is that it's
been almost entirely inaccurate. if this is the case where a typical
OSM contributor lives then i'd assume that people tracing over OS have
introduced several hundred inaccurate features in London alone.
perhaps if the people enamoured of tracing OS would organise a mapping
party, or reach out to local community groups (people still live in
socially disadvantaged areas, right?) then we could create a complete,
living map, rather than a road-network-complete, dead one.

cheers,

matt

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Re: [OSM-talk] Postmortem analysys

2011-01-09 Thread Matt Amos
On Sun, Jan 9, 2011 at 12:09 PM, Lester Caine les...@lsces.co.uk wrote:
 The original decision that there should be no duplicate nodes simply ignored
 many of the arguments that there are very good reasons for needing them,
 then tools like the duplicate nodes map ASSUME that the decision takes
 priority rather than allowing 'duplicates' which are distinguished due to
 their elevation?

the duplicate nodes map doesn't assume that all duplicates are errors
(http://matt.dev.openstreetmap.org/dupe_nodes/about.html#errors). it's
simply a tool for finding them - because most of them are errors, -
and it's nice to have tools which help in fixing them. as Tom points
out, it seems that some are simply a little too zealous in fixing
them, maybe relying too heavily on the auto-fix feature in JOSM's
validator, and should be looking at the data more thoroughly.

cheers,

matt

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Re: [OSM-talk] To those who remove dupe nodes

2011-01-09 Thread Matt Amos
On Sun, Jan 9, 2011 at 1:29 PM, Oscar Orbe oskaro...@yahoo.com wrote:

 Dear list
 I am uploading some landuse polygons and sometimes I get the error that says 
 something like that node does not exist.
 I think there are people removing unused nodes too fast.
 Perhaps those people can change their algorithms so that they only remove 
 unused nodes whose age is at least 24 hours for example??? so they wont 
 interrupt uploading processes...

hi oscar. are you using diff uploads to create the polygons? if so, it
would be a good idea to group the uploaded ways and relations for the
polygon along with the nodes it needs. this would mean that such an
error wouldn't occur. i seem to remember that this was done for the
french corrine import and maybe it would be a good idea to talk to
them about good techniques for doing this before going any further?

cheers,

matt

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Re: [OSM-talk] To those who remove dupe nodes

2011-01-09 Thread Matt Amos
On Sun, Jan 9, 2011 at 4:25 PM, Nathan Edgars II nerou...@gmail.com wrote:
 Frederik Ramm wrote:
 Your original complaint was about people removing *duplicate* nodes
 though, not people removing fresh, unused nodes. That's another
 situation; if your upload creates duplicate nodes then your upload is
 buggy and should be stopped.

 Not always - an import of TIGER county lines will create dupes with TIGER
 roads, and these should not be joined.

in this case Oscar's import consists of landuse areas, which should be
joined. otherwise, what's in the gap? ;-)

with the admin boundaries and physical features it's more of a matter
of opinion; there are good reasons to join them, and good reasons to
have them separate.

cheers,

matt

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[Talk-GB] Fwd: [OSM-talk] Call for Papers for SotM-EU is OPEN

2010-12-27 Thread Matt Amos
for those of us who can't make it across the pond for sotm this year
(or even for those who fancy going to both), and who might have missed
this on talk@, there's an european sotm going on and the call for
papers just opened up. i'm sure everyone has something interesting
they've seen, done or are working on, and great talks are the heart of
a great conference, so i hope you'll consider sharing something cool
with the community at sotm-eu.

cheers,

matt


-- Forwarded message --
From: Andreas Labres l...@lab.at
Date: Mon, Dec 27, 2010 at 12:08 PM
Subject: [OSM-talk] Call for Papers for SotM-EU is OPEN
To: t...@openstreetmap.org


Hello,

As some of you might have already noticed, we (OpenStreetMap Austria) are
organizing next year's European OSM conference SotM-EU. It will be held July
15-17, 2011 at Vienna University of Technology. The focus will be on OSM
community themes. As the conference takes place at the university, we will also
put some small focus on research.

Here you can find the Call for Papers:    https://www.sotm-eu.org/cfp

If you have developed some great tool, if you have done some difficult import or
any other aspect that you want to share with the OSM community - please sign up!
Please submit your papers/talks by the end of February 2011.

We are looking forward to your proposals!

Please forward this to other lists or forums. Also, see twitter under @sotmeu
#sotmeu.

Many thanks
- Manuela Schmidt
- Andreas Labres


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Re: [OSM-talk] API also down?

2010-12-25 Thread Matt Amos
On Sat, Dec 25, 2010 at 8:14 PM, Maarten Deen md...@xs4all.nl wrote:
 Following the rest of the current problems, is the API now also down? JOSM
 hangs on creating a new changeset and then after a while says communication
 timed out.

should be back now. problem seems to have been an obscure kernel
problem on the machine which hosts GPX traces. much christmas cheer to
Grant for fixing it! :-)

cheers,

matt

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Re: [OSM-talk] tracking deletions

2010-11-16 Thread Matt Amos
On Tue, Nov 16, 2010 at 10:59 AM, Emilie Laffray
emilie.laff...@gmail.com wrote:
 On 16 November 2010 09:00, Mikel Maron mikel_ma...@yahoo.com wrote:

 Is there an easy way to track deletions only in a particular area?
 I've noticed a couple features missing in Kibera, and paging through
 changesets for a while didn't turn up anything.
 Looking at ItoMapper, deleted features aren't being visualized.
 Any ideas?

 OWL has some functionality to track history. That's how I tracked some
 deletion in my area (Thanks Matt).

thanks for the plug, emily. ;-)

mikel, if you want to track changes occurring in Kibera, including
deletions, here's an RSS feed of the changesets in that approximate
area:

http://matt.dev.openstreetmap.org/owl_viewer/feed/2541202888-2541202879.rss

if you prefer to inspect the data, you can see the most recent changes here:

http://matt.dev.openstreetmap.org/owl_viewer/weeklymap?zoom=16lon=36.78725lat=-1.31272layers=BT

or changes since OWL started running here:

http://matt.dev.openstreetmap.org/owl_viewer/map?zoom=16lon=36.78725lat=-1.31272layers=BT

hope that's helpful,

matt

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Re: [OSM-talk] How can we make this list better?

2010-10-21 Thread Matt Amos
On Thu, Oct 21, 2010 at 2:02 AM, john whelan jwhelan0...@gmail.com wrote:
 Perhaps recognise that OSM is changing and developing in ways it's creators
 never intended?

i think this and previous threads on this list show that this is being
recognised. we're now looking at the next step, which is the question
in the title: how can we make it better?

 I'm currently looking at a project that uses data that is not cc-by-ca by
 any means however it can be imported into an OSM file format and use the OSM
 tool set to basically create a stand alone DVD that is a searchable map
 visible on a lap top.  It isn't OSM but does use the tool set.

that's great. it's always nice when people are able to re-use the OSM
software. it reminds us we're not just a data project ;-)

 Applications such as routers need the roads, footpaths etc. joined together,
 this a different standard of quality than was expected in the beginning.  I
 think we need to concede that parts of the world with lower population
 densities need different approaches than just a cyclist making multiple GPS
 passes and noting the street names down can provide.

no, topological connectivity was fully anticipated. this is why OSM
has a topological node/way model rather than the linestring-based
model that's more common in GIS systems.

i'm sure that different approaches are necessary in different parts of
the world where there are different constraints. and i'm sure that
germany didn't get so well mapped by cyclists alone. some places will
be easier mapped by car or on foot ;-)

cheers,

matt

 Cheerio John

 On 20 October 2010 20:13, Matt Amos zerebub...@gmail.com wrote:

 this list has come in for some criticism recently, and there are many
 people who have, publicly or otherwise, decided not to read it or
 contribute to it any more. i've set up a wiki page to help us gather
 suggestions and ideas for improving this list, or maybe even trying
 something new in its place.

 http://wiki.openstreetmap.org/wiki/Mailing_lists/Talk_discussion

 this list has been a core part of the OSM community since the
 beginning of the project, but things change and it seems to have lost
 some of that importance. maybe this is a natural part of a project
 becoming the size that OSM is today, and we should embrace the
 diversity of our communications channels. alternatively, it could be a
 sign that there are things we can do to improve the quality and
 atmosphere on this list. if you can think of a way in which to make
 this list better, please add your thoughts to the wiki page.

 cheers,

 matt

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[OSM-talk] How can we make this list better?

2010-10-20 Thread Matt Amos
this list has come in for some criticism recently, and there are many
people who have, publicly or otherwise, decided not to read it or
contribute to it any more. i've set up a wiki page to help us gather
suggestions and ideas for improving this list, or maybe even trying
something new in its place.

http://wiki.openstreetmap.org/wiki/Mailing_lists/Talk_discussion

this list has been a core part of the OSM community since the
beginning of the project, but things change and it seems to have lost
some of that importance. maybe this is a natural part of a project
becoming the size that OSM is today, and we should embrace the
diversity of our communications channels. alternatively, it could be a
sign that there are things we can do to improve the quality and
atmosphere on this list. if you can think of a way in which to make
this list better, please add your thoughts to the wiki page.

cheers,

matt

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[OSM-legal-talk] list of user IDs having accepted the contributor terms

2010-10-09 Thread Matt Amos
as part of the voluntary relicensing phase of the move to ODbL,
existing contributors have had the ability to voluntarily accept the
contributor terms. to help the community assess the impact of the
relicensing it was planned to make the information about which
accounts have agreed available. this will help with the evaluation of
the process and analysis of any consequent data loss, should the
switch be made. at the last LWG meeting, having been put to the board
for approval, it was decided to make this available [1], and i'm
pleased to announce that this list is now up [2] and being regularly
refreshed from the database every hour.

i look forward to seeing the new analyses, visualisations and tools
that can be built using this data.

cheers,

matt

[1] https://docs.google.com/View?id=dd9g3qjp_86hf7fnqg8
[2] http://planet.openstreetmap.org/users_agreed/users_agreed.txt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 7:10 PM, Julio Costa Zambelli
julio.co...@openstreetmap.cl wrote:
 We will have to ask the agencies to agree with the Contributor Terms
 but if we are changing to a PD license disguised as BY-SA (via the CT)
 they probably will not cooperate.

OSMF is not moving to a PD license disguised as BY-SA, OSMF would
like to move to ODbL. however, it has to be pointed out that CC BY-SA
might be described as a PD license disguised as BY-SA, since many
lawyers (including those at Creative Commons) think that CC BY-SA is
unsuitable for factual data (such as geodata) and may not be
enforceable in many jurisdictions (such as the USA).

 Even if the point four of the CT
 works as enough attribution (who knows).

whether section 4 is enough to allow CC BY compatibility is something
that OSMF is currently seeking legal advice on.

 As I said most of the agencies just asked us to attribute the source
 and we told them the way that we will do it. The ODbL (and for this
 matter any BY-SA License) does not seem to pose a problem to that, but
 that point three of the CT certainly may provoke a _huge_ mess.

if (as i hope) the lawyers say that section 4 of the CT ensures
compatibility with CC BY, why would section 3 pose a problem? if
section 4 requires that OSMF provide a method of attribution then that
couldn't be taken away by changes under section 3 unless a new version
of the CT were released - which would require asking every single
contributor and re-raising the problem of data loss: the very problem
that section 3 is supposed to alleviate.

 What is the idea of putting that condition there? If some people wants
 to migrate to Public Domain (and I have read many of them in this
 list), why not ask directly for a PD migration acceptance instead of
 asking people to accept this kind of CT as part of a BY-SA license
 change?

migration to PD is not part of the plan. the motivation for that
section is simply that needs and requirements change over time. when
the project was started CC BY-SA seemed like a perfectly valid
license. we're now 6 years on, and 2 years into trying to change the
license, because we were wrong about CC BY-SA. while we think ODbL is
far, far better - do we want to have the spectre of data loss again in
another 6 years if we prove to be wrong again?

 If this is voted as a package I will obviously have to vote against
 the change (I do not want to see 7/8 of the Chilean highways
 disappearing from the map in one day, not to say many POIs that we
 were about to import right now [hospitals, schools, etc.]).

no-one wants to see any data loss. that's one of the many reasons
we're moving from a BY-SA license to another BY-SA license. while
there is an option to declare your preference with regard to PD, this
is for information only.

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 10:30 PM, John Smith deltafoxtrot...@gmail.com wrote:
 On 10 August 2010 07:25, Matt Amos zerebub...@gmail.com wrote:
 they do. and it's in the contributor terms: ODbL 1.0 for the database
 and DbCL 1.0 for the individual contents of the database. the
 database is attribution and share-alike. the contents, as facts, hold
 no copyright - so copyright law can't be used to enforce attribution

 But the contents aren't just facts, especially when it comes to
 subjective tags like smoothness...

it's great that you think that, but many lawyers think otherwise. in
any case, they'll be just facts if someone strips the smoothness tags
out.

wouldn't you prefer to protect the *whole* database?

i'm not saying this for your benefit, by the way. it seems pretty
obvious you've made up your mind and aren't going to change it in the
face of reasoned argument or factual counterpoint.

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 10:41 PM, Julio Costa Zambelli
julio.co...@openstreetmap.cl wrote:
 On Mon, Aug 9, 2010 at 3:45 PM, Matt Amos zerebub...@gmail.com wrote:
 OSMF is not moving to a PD license disguised as BY-SA, OSMF would
 like to move to ODbL. however, it has to be pointed out that CC BY-SA
 might be described as a PD license disguised as BY-SA, since many
 lawyers (including those at Creative Commons) think that CC BY-SA is
 unsuitable for factual data (such as geodata) and may not be
 enforceable in many jurisdictions (such as the USA).

 I know about the problems with (CC)BY-SA, and I also know that ODbL is
 supposed to solve those. And unless I am getting lost in translation I
 do not have any problem with ODbL, but with the point made by John
 Smith about the third condition on the CT (OSMF agrees to use or
 sub-license Your Contents as part of a database and only under the
 terms of one of the following licenses: ODbL 1.0 for the database and
 DbCL 1.0 for the individual contents of the database; CC-BY-SA 2.0; or
 another free and open license).

 In the process of approving the change to ODbL the Foundation is
 asking us to let it change the license to something that may be PD in
 the future. That said the imports that we have made here in Chile are
 probably compatible with ODbL but not with letting the foundation
 change the license to something more open than BY-SA.

 Again, risking some misunderstanding with my far from perfect English,
 I understand from what you are saying that two problems are trying to
 be solved, the unfitness of the (CC)BY-SA license for our kind of
 data, and the risk of loosing data in future changes of license.

 The thing is that I am all about solving the first but not about
 lossing lots of data today speculating about that first solution
 failing in the future, risking lots of data then.

unfortunately, we will lose data this time around - it's unavoidable
because it's extremely unlikely that all contributors will be
reachable and, as many here have pointed out, be willing to agree to
the new CTs. if the data you're worried about is governmental
attribution datasets (such as OS opendata, LINZ, NRC, etc...) then,
pending legal advice, they could be fine.

 The only reason that I see to put that condition there is thinking
 about changing the license to PD in the future without asking all the
 contributors again.

or to change the license to something else which is also BY and SA, if
it turns out that's necessary. or to move to a BY-only license, if
that's necessary. is the possibility of needing to change the license
again in the future not worthwhile, given the problems it's causing
right now?

 whether section 4 is enough to allow CC BY compatibility is something
 that OSMF is currently seeking legal advice on.

 I guess this will help, but if the license can be changed in the
 future to PD without asking the Gov agency, I am almost sure that they
 will not comply with this.

i think that's a question for a real lawyer. ;-)

 if (as i hope) the lawyers say that section 4 of the CT ensures
 compatibility with CC BY, why would section 3 pose a problem? if
 section 4 requires that OSMF provide a method of attribution then that
 couldn't be taken away by changes under section 3 unless a new version
 of the CT were released - which would require asking every single
 contributor and re-raising the problem of data loss: the very problem
 that section 3 is supposed to alleviate.

 I think this time I actually got lost in translation but as far as I
 understand it, the point 4 is useless if it can be discarded without
 asking the contributors. Am I getting something wrong?

point 4 cannot be discarded without asking all the contributors who've
agreed to the contributor terms. so it's far from useless in
guaranteeing attribution.

 migration to PD is not part of the plan. the motivation for that
 section is simply that needs and requirements change over time. when
 the project was started CC BY-SA seemed like a perfectly valid
 license. we're now 6 years on, and 2 years into trying to change the
 license, because we were wrong about CC BY-SA. while we think ODbL is
 far, far better - do we want to have the spectre of data loss again in
 another 6 years if we prove to be wrong again?

 I think it is a perfectly reasonable risk in front of a sure damage.

and what might the damage be in the future if we need to change in the future?

 no-one wants to see any data loss. that's one of the many reasons
 we're moving from a BY-SA license to another BY-SA license. while
 there is an option to declare your preference with regard to PD, this
 is for information only.

 It is a BY-SA to BY-SA moving as long as you do not give the OSMF the
 right to move to PD (or anything different from BY-SA for this matter)
 without asking again.
 At this point I do not see any good reason to prefer PD and accept to
 consecuences of moving to it.

that's great - so you don't have to tick

Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 10:56 PM, John Smith deltafoxtrot...@gmail.com wrote:
 On 10 August 2010 07:43, Matt Amos zerebub...@gmail.com wrote:
 wouldn't you prefer to protect the *whole* database?

 That isn't the point, the point was about it *explicitly* removing any
 claim of copyright, which then makes it incompatible with BY and SA
 data sources.

that's currently awaiting legal advice. but if you can save us, and
the lawyers, the trouble of giving advice, thanks!

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 10:52 PM, Anthony o...@inbox.org wrote:
 On Mon, Aug 9, 2010 at 5:43 PM, Matt Amos zerebub...@gmail.com wrote:
 On Mon, Aug 9, 2010 at 10:30 PM, John Smith deltafoxtrot...@gmail.com 
 wrote:
 On 10 August 2010 07:25, Matt Amos zerebub...@gmail.com wrote:
 they do. and it's in the contributor terms: ODbL 1.0 for the database
 and DbCL 1.0 for the individual contents of the database. the
 database is attribution and share-alike. the contents, as facts, hold
 no copyright - so copyright law can't be used to enforce attribution

 But the contents aren't just facts, especially when it comes to
 subjective tags like smoothness...

 it's great that you think that, but many lawyers think otherwise. in
 any case, they'll be just facts if someone strips the smoothness tags
 out.

 wouldn't you prefer to protect the *whole* database?

 Can we get a collection of quotes from those lawyers that you say
 think otherwise?  Exact quotes of what they said?

unfortunately not. apparently legal advice can't be publicly shared
without making the lawyers in question liable for it. given that our
legal advisors are acting for us pro-bono and have asked that we don't
quote them publicly, i don't think it would be nice to do that.

 Also an example of licenses which distinguish the whole database
 from the individual contents of the database would be helpful.  How
 does that make any more sense than releasing a book under CC-BY-SA,
 for the book, and CC0 for the individual words of the book.

the ODbL is the only example i know of. and your example is good: it's
not possible to copyright individual dictionary words, as far as i
know, but the collection of them is protectable. releasing the words
as CC0 is simply a tautology in this case, as the DbCL is in many
jurisdictions by waiving copyright in individual data.

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 11:22 PM, Anthony o...@inbox.org wrote:
 On Mon, Aug 9, 2010 at 6:09 PM, Matt Amos zerebub...@gmail.com wrote:
 On Mon, Aug 9, 2010 at 10:52 PM, Anthony o...@inbox.org wrote:
 Can we get a collection of quotes from those lawyers that you say
 think otherwise?  Exact quotes of what they said?

 unfortunately not. apparently legal advice can't be publicly shared
 without making the lawyers in question liable for it. given that our
 legal advisors are acting for us pro-bono and have asked that we don't
 quote them publicly, i don't think it would be nice to do that.

 Then can you at least stop referring to what they said, especially
 referring to it as though it's in any way authoritative.  Without the
 ability to see the exact quote, let alone ask questions, many lawyers
 said you're wrong is useless.

i'm simply saying that there are people out there who know what
they're talking about. some lawyers have gone on the record about
ODbL. see http://lists.okfn.org/pipermail/odc-discuss/2009-August/000181.html
and http://lists.openstreetmap.org/pipermail/talk/2009-December/045170.html
and 
http://blog.iusmentis.com/2009/07/15/open-source-databanken-de-opendatabanklicentie-versie-10
and 
http://wiki.openstreetmap.org/wiki/Open_Database_License#ODbL_reviews_from_lawyers

 Also an example of licenses which distinguish the whole database
 from the individual contents of the database would be helpful.  How
 does that make any more sense than releasing a book under CC-BY-SA,
 for the book, and CC0 for the individual words of the book.

 the ODbL is the only example i know of.

 That's certainly a reason to be wary of it.

not really. it's on the cutting edge, but that's because we're trying
to do something that no-one else has done before: an attribution,
share-alike license for factual data.

 and your example is good: it's
 not possible to copyright individual dictionary words, as far as i
 know, but the collection of them is protectable. releasing the words
 as CC0 is simply a tautology in this case, as the DbCL is in many
 jurisdictions by waiving copyright in individual data.

 If that's really all this is, it's awfully confusing and unnecessary.
 As I say in my other post, it's not even clear what the individual
 contents means.  If it means a single changeset, that's one thing,
 and something I would *not* like to release under DbCL.  If on the
 other hand it means just an individual node...  Who's going to copy
 just a single node?

http://wiki.openstreetmap.org/wiki/Open_Data_License/Substantial_-_Guideline

we've been discussing this for a long time.

 Is there any way in which releasing the individual contents under
 DbCL is *not* redundant?  If it *is* redundant, is there any way to
 have it removed?

it makes it legally explicit what's going on. although it might seem
redundant, or confusing, it adds legal clarity.

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 11:05 PM, John Smith deltafoxtrot...@gmail.com wrote:
 On 10 August 2010 08:02, Matt Amos zerebub...@gmail.com wrote:
 that's currently awaiting legal advice. but if you can save us, and
 the lawyers, the trouble of giving advice, thanks!

 How many different lawyers have been asked, and do they all share the
 same opinions that we've been hearing?

of course, any lawyer is free to look at it. the lawyers that have
been asked to look at it are, as far as i know, the guys acting
pro-bono for us at WSGR and ITO world's lawyer. independently, the
lawyers at CC and axel metzger, andrea rossati and
arnoud engelfriet have given opinions.

see http://lists.okfn.org/pipermail/odc-discuss/2009-August/000181.html
and http://lists.openstreetmap.org/pipermail/talk/2009-December/045170.html
and 
http://blog.iusmentis.com/2009/07/15/open-source-databanken-de-opendatabanklicentie-versie-10
and 
http://wiki.openstreetmap.org/wiki/Open_Database_License#ODbL_reviews_from_lawyers

cheers,

matt

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Re: [OSM-talk] Frederik declares war on data imports...

2010-08-09 Thread Matt Amos
On Mon, Aug 9, 2010 at 11:43 PM, 80n 80n...@gmail.com wrote:
 Matt, you really do need to read up on case law about the minimum threshold
 for copyrightability.

i have. but perhaps you could point out the judgements you're
referring to, because i've not seen them.

cheers,

matt

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Re: [OSM-legal-talk] public transport routing and OSM-ODbL

2010-07-08 Thread Matt Amos
I agree with Andy. This is what I understand the ODbL to be saying.
Unfortunately, as with any legal text, its difficult to read and this is an
unavoidable consequence of the legal system. If you need interpretation of
the license, new or old, the best route may be to consult a lawyer.

Cheers,

Matt

On Jul 8, 2010 10:18 AM, Andy Allan gravityst...@gmail.com wrote:

On Wed, Jul 7, 2010 at 9:35 PM, Oliver (skobbler) osm.oliver.ku...@gmx.de
wrote:   Hi Frederick,...
Either you mis-spoke in this sentence, or you are wrong with this
assertion. If you have a derived database, and make a produced work,
you are required to make the derived database available under the
ODbL. That's practically the whole point of the ODbL!

Section 4.5b, which amongst other things is a classic could do with
some scoping parenthesis piece of legalese, is only clarifying that
if the produced work is made up from a collective database, e.g.
(derived + some other db) =produced work then the collective db is
not considered derived - i.e. the some-other-db can stay non-ODbL
licensed. But if you make a produced work (actually, if you publicly
use said produced work), then the derived database must be shared in
any case (4.4a and 4.4c).

As for Frederik's initial question, part 1. is unavoidably share-alike
as soon as the produced work is publicly used. Part 2 I'll leave for
others.

Cheers,
Andy

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Re: [Talk-GB] UK Project of the week - trace a village off of OSSV?, (Kai Krueger)

2010-06-06 Thread Matt Amos
+1... or -1 as well? not sure how the arithmetic of these is supposed
to work. anyway, i agree with phil.

cheers,

matt

On Sun, Jun 6, 2010 at 10:13 PM, Phil James peerja...@googlemail.com wrote:
 At risk of being a fly in the ointment, judging by the largely
 favourable responses to this idea, I for one would like to register
 myself as
 -1.
 Rant Please don't map an area if you are not familiar with it. I have
 done some armchair mapping, but only where I am familiar with the area,
 and feel I can add value to the data I am entering. If you are that
 desperate for a 'complete' map, go out and do more surveying, or just
 use OS or other commercially available products.  I just feel that
 blatant, blind copying of OS data is prostituting what I thought Open
 Street Map was meant to be about./Rant
 OK, I've got my tin hat on: standing by for incoming... ;-)

 Phil.


 talk-gb-requ...@openstreetmap.org wrote:
 --

 Message: 1
 Date: Sun, 06 Jun 2010 12:07:33 +0100
 From: Kai Krueger kakrue...@gmail.com
 Subject: [Talk-GB] UK Project of the week - trace a village off of
       OSSV?
 To: 'talk-gb' talk-gb@openstreetmap.org
 Message-ID: 4c0b8175.30...@gmail.com
 Content-Type: text/plain; charset=ISO-8859-1; format=flowed

 Hello everyone,

 I would like to suggest as a sort of Project of the week for the UK
 for people to pick a random town or village somewhere in the UK that so
 far has poor coverage and trace it's roads from OS OpenData StreetView.

 Despite the various claims over the years that the UK road will be road
 complete by the end of the year, the UK is still a far distance off
 of that target. I have heard the numbers that so far we have on the
 order of 50% of named roads (people who are working on OS - OSM
 comparisons please correct me if I am wrong). Which is by no means a
 small feat of achieving, but also not as high as one would like it to be.

 So let us try and accelerate this a bit by everyone picking a small
 random town or village somewhere in the UK and trace the roads from
 StreetView. It probably only takes about 10 - 20 minutes for a small
 village and even a small town isn't too bad to do (if the weather is bad
 and you can't go out). So with the help of OS data, we can get a big
 step closer to where we would like to be and use it as a basis to
 continue to improve beyond the quality of OS data or any other
 commercial map provider.

 (If you are convinced already, then no need to read the rest of the email)

 I know that many people are opposed to armchair mapping or imports
 (and btw I am not proposing a full scale import here, but manual tracing
 instead) and so I'd like to counter some of the arguments most likely
 going to  be brought up against this sort of non local tracing:

 1) OS data might have mistakes, be outdated and generally not as good as
 what OSM aims for: Yes, no doubt OS has errors and can be outdated in
 many places by a couple of years ( I have found more than enough of
 those myself). Furthermore, all of the OS products released lack many of
 the properties we are interested in like one way roads, turn and other
 restrictions, POIs, foot and cycle ways and all the other things that
 make OSM data such a rich and valuable dataset. So yes, the OS data will
 clearly not replace any of the traditional OSM surveying techniques or
 be the end of things. But it can be a great basis to build upon.
 As a comparison, have a look (assuming you have a timecapsal ;-)) at
 what the data of e.g. central London looked like in 2007. It already had
 surprisingly many roads, but hardly any POIs or other properties that we
 aim for now. Most of that came later in many iterations of improvement.
 A single pass of OSM surveying is not any better than the OS data per
 se. Also given that the errors introduced by tracing OS data are exactly
 the same type of errors introduced by manual OSM surveying, i.e.
 misspellings in roads, missing roads, outdated roads, ... We need to
 have the tools to deal with this kind of maintenance anyway.  It is the
 iterations that make OSM data what it is, not the first pass ground
 survey.
 Creating a blanket base layer from OS data allows us to much better
 focus on the aspects that do distinguish us from every other map data
 provider with having to waste as little as possible resources on the
 stuff everyone else has too.

 2) large scale imports and tracing hinders community growth: This
 perhaps is the more important of the two arguments, as indeed what
 distinguishes us from everyone else is the community and without the
 community and its constant iterations  and improvements, OSM data will
 bit rot just as much as all other data. However I don't think there is
 any clear evidence either way of what non local mapping does to
 communities and it remains hotly debated. The negative effects claimed
 are usually of the form a) The area looks complete, there is nothing
 more 

Re: [OSM-talk] Villain?

2010-05-17 Thread Matt Amos
On Sat, May 15, 2010 at 11:44 AM, Serge Wroclawski emac...@gmail.com wrote:
 My suggestions:

 1) Please reword the list to not have judgemental label on it. just the 
 facts

i've removed the list. it was intended as a bit of fun, certainly not
to offend anyone and i honestly didn't expect anyone who wasn't doing
bulk imports to end up on the villains list. by way of explanation,
villain is a kind of old-fashioned word in modern british usage - i
definitely didn't mean criminal. apologies to anyone who was offended.

 2) Explain the algorithm. Are you looking for duplicated nodes
 litterally by nodes which are on top of one another or something
 more loose?

it's as simple as two nodes having exactly the same lat/lon, as
explained on these pages:
http://wiki.openstreetmap.org/wiki/Duplicate_nodes_map
http://matt.dev.openstreetmap.org/dupe_nodes/about.html#wtf

 3) For those of us who have duplicated nodes still around, make it
 easy to download the list and examine it. You're already compiling the
 data- just make it available as an OSM file for us to look at in our
 favorite OSM editor, please.

the whole thing is offline right now anyway, but when i get it back
online i'll add your suggestion to the TODO list. it's unlikely to be
a downloadable file (kinda the whole point was that it should be
minutely-up-to-date), but something like a map call should be
possible. or to hook it into a larger OSM bug-tracking system like OSB
if it's able to handle the millions of points...

cheers,

matt

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Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Tue, Jan 5, 2010 at 9:24 PM, Simon Ward si...@bleah.co.uk wrote:
 The upgrade clause in the ODbL should be sufficient
 for any future licensing, and if the change is away from that, I expect
 as a contributor to be consulted about it.

any change away from that must be chosen by a vote of the OSMF
membership and approved by at least a majority vote of active
contributors.

if you want to be consulted about any future licensing change, just
join OSMF or continue to actively contribute to OSM.

cheers,

matt

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Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Wed, Jan 6, 2010 at 12:41 AM, Simon Ward si...@bleah.co.uk wrote:
 On Wed, Jan 06, 2010 at 12:21:41AM +, Matt Amos wrote:
 It may suit you, as a consumer of OSM data, to not give a damn about
 contributing back to the project, but that's not what OSM is about.

 i'm both a producer and a consumer of OSM data. and i do care about
 contributing back, which is why i'm volunteering my time to help
 replace the broken license we currently have with one which works,
 rather than behaving in a derogatory and uncivil manner on the mailing
 lists.

 I didn’t detect any uncivility on the part of 80n, and comments like
 yours would just worsen any impression of the situation, so please
 refrain.

i thought the implication that i don't contribute to OSM, and don't
give a damn about contributing back to the project was extremely
derogatory. maybe i need to go re-order some thicker skin, because
mine is clearly wearing thin.

 My view on the ODbL is it’s a much better fit.  It’s the contributor
 terms that are currently broken and need fixing, otherwise we move from
 one broken situation to another just as broken situation.

great! LWG is working on it, and your concerns have been noted.

cheers,

matt

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Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Tue, Jan 5, 2010 at 10:04 AM, 80n 80n...@gmail.com wrote:
 The purpose of the share-alike principle is to enable derived work to be fed
 back into the main body.

that's your opinion. my opinion is that the purpose of share alike is
to allow data to be remixed, mashed-up or otherwise modified as long
as it's available under the original license. feeding back is a side
effect which many projects (e.g: FSF) do perfectly well without.

cheers,

matt

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Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Matt Amos
On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote:
 On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote:
 What would be acceptable?

 The current situation is acceptable.  We all grant a license to everyone
 under CC-BY-SA.

which ranges from being basically PD in some jurisdictions to being a
BY-SA license in others. so what would be acceptable *and*
internationally applicable?

cheers,

matt

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Re: [OSM-talk] Fwd: Why doesn't OSM ?

2009-12-27 Thread Matt Amos
On Sun, Dec 27, 2009 at 11:43 AM, Aun Johnsen li...@gimnechiske.org wrote:
 On Sun, Dec 27, 2009 at 9:26 AM, Liz ed...@billiau.net wrote:

 On Sat, 26 Dec 2009, Frederik Ramm wrote:
  1. What do we want to protect?

 The data is fully open, but some people want to reduce their fingerprint on
 the data to protect themselves, for example they submit their GPX tracks
 privately so it will not be possible to derive from them where he lives or
 works. This doesn't mean he is holding back data, he only chooses to give it
 without his fingerprints.

this isn't quite the case. even if tracks are submitted privately it
may be possible to find common locations such as home and work from
the anonymous points. then it also might to possible to find
corresponding local editing to get the user. for example, some of the
calculated home locations from http://stat.latlon.org/ are quite
accurate - mine is only about 200m from cloudmade's offices, where i
used to work.

if you are really very concerned with your privacy: don't upload
tracks which include your home or office locations at all.

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-25 Thread Matt Amos
On Fri, Dec 25, 2009 at 9:38 AM, John Smith deltafoxtrot...@gmail.com wrote:
 I don't think OAuth is a valid security method.

why not?

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-25 Thread Matt Amos
On Sat, Dec 26, 2009 at 12:30 AM, John Smith deltafoxtrot...@gmail.com wrote:
 2009/12/26 John Smith deltafoxtrot...@gmail.com:
 2009/12/26 Matt Amos zerebub...@gmail.com:
 On Fri, Dec 25, 2009 at 9:38 AM, John Smith deltafoxtrot...@gmail.com 
 wrote:
 I don't think OAuth is a valid security method.

 why not?

 If you hadn't snipped my email you would have read the answer.

i didn't see anything in the rest of your email(s) germane to OAuth,
which is why i snipped that bit.

 Unless cryptography is involved how do you know your packets aren't
 being intercepted and proxied and altered in transit?

because OAuth does cryptographic signing of the requests.

 Sure OSM isn't much of a target at present, however the more popular
 that something becomes the more likely it is to be attacked as well.

OSM is already being attacked by some vandals and some spam bots. but
none of these attacks have been against the authentication parts of
OSM.

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-25 Thread Matt Amos
On Sat, Dec 26, 2009 at 1:46 AM, John Smith deltafoxtrot...@gmail.com wrote:
 2009/12/26 Matt Amos zerebub...@gmail.com:
 because OAuth does cryptographic signing of the requests.

 Via a clear channel, which can be proxied and mangled and so on.

proxied yes, mangled no. the cryptographic signature which OAuth
performs allows the server to detect if the request was modified
en-route and it will reject it if so.

OAuth isn't a substitute for SSL, but it is a substitute for passwords
which means that requests are secure and your password doesn't go in
the clear. to securely create an OAuth token we need SSL, but Tom has
already said that's on his todo list.

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-25 Thread Matt Amos
On Sat, Dec 26, 2009 at 2:25 AM, John Smith deltafoxtrot...@gmail.com wrote:
 2009/12/26 Matt Amos zerebub...@gmail.com:
 On Sat, Dec 26, 2009 at 1:46 AM, John Smith deltafoxtrot...@gmail.com 
 wrote:
 2009/12/26 Matt Amos zerebub...@gmail.com:
 because OAuth does cryptographic signing of the requests.

 Via a clear channel, which can be proxied and mangled and so on.

 proxied yes, mangled no. the cryptographic signature which OAuth
 performs allows the server to detect if the request was modified
 en-route and it will reject it if so.

 I should have been clear, I didn't mean it would be accepted I meant
 it might get mangled and be unusable:

 http://www.theregister.co.uk/2009/12/23/vodafone_christmas/

while that's really sad, and a complete FAIL for vodafone, this site
claims that:

Secure HTTPS sites are transcoded, except for banking sites. Users
are warned that their security may be compromised when visiting a
non-banking secure site through the transcoder.
http://wapreview.com/blog/?p=1837

which means there's no argument here for using SSL on vodafone.

 OAuth isn't a substitute for SSL, but it is a substitute for passwords

 Nuff said.

indeed. OSM doesn't need SSL for API traffic, it just needs a system
for secure authentication. and it has one in OAuth.

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-25 Thread Matt Amos
On Sat, Dec 26, 2009 at 3:05 AM, John Smith deltafoxtrot...@gmail.com wrote:
 2009/12/26 Matt Amos zerebub...@gmail.com:
 which means there's no argument here for using SSL on vodafone.

 I have no idea what Voda is up to, because they would throw up all
 sorts of warning messages from browsers, even on phones, and users
 would complain endlessly. SSL is usually left alone if for no other
 reason to prevent custom complaints, but no such browser
 errors/warnings occur if html has been messed with.

it seems that SSL isn't being left alone.

 indeed. OSM doesn't need SSL for API traffic, it just needs a system
 for secure authentication. and it has one in OAuth.

 So people can brute force OAuth credentials?

given sufficiently many signatures, it's possible to brute force a
single token with a very large amount of effort. however, this token
doesn't give sufficient access to either create further tokens or
change users credentials and can be easily revoked. it's also worth
noting that it's possible to brute force SSL certificates, but again,
with a very large amount of effort. in general, it's possible to brute
force everything except one-time pads.

as with any security measure, to minimise your risk you need to be
aware of the security horizon (which will depend on what your attack
profile is) and change your authentication details regularly.

cheers,

matt

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Re: [OSM-legal-talk] Answer the questions!

2009-12-22 Thread Matt Amos
On Tue, Dec 22, 2009 at 10:19 AM, Lulu-Ann lulu-...@gmx.de wrote:
 the end of voting comes closer and nobody has answered the questions on
 the license use cases page yet.

 http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases

i think i got them all. and the answers mainly came from reading
things which had been discussed elsewhere, and weren't based on any
new input from counsel, so don't take them as legal advice ;-)

cheers,

matt

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Re: [OSM-talk] Why doesn't OSM implement a simple measure to protect it's users and passwords?

2009-12-22 Thread Matt Amos
On Tue, Dec 22, 2009 at 8:27 PM, Frederik Ramm frede...@remote.org wrote:
 Hi,

 Florian Lohoff wrote:
 Um, if you are nervous about others knowing that you participate in this
 project, then why do you do it? Is there an establishment out there that has
 an interest in preventing you from doing this?

 Would Teleatlas, Navteq, Google, AND, Ordnance Survey like their employees
 participate in Open Mapping projects?

 I would not want these employees to participate in OpenStreetMap during
 their working hours and from their office computers because more likely
 than not this would make the respective company a copyright/license
 holder in the data they produce, and thus render any license granted to
 OSM by the individual worthless.

in the UK, its not such a great idea for TA/NT employees to contribute
outside of work either...

Even if the work is created by the employee in their own time and
using their own resources, the employee will not necessarily be able
to claim any rights in that work, if the employer shows that the
nature of the work created was that which could be reasonably
contemplated as part of the employee’s duties. This is demonstrated by
the case of Missing Link Software v Magee [1989]. [1,2]

cheers,

matt

[1] 
http://www.unitetheunion.com/member_services/legal_help/employment_issues/intellectual_property_works.aspx
[2] 
http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/13-APR-%283%29-CR-EMPS-.htm

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Re: [OSM-talk] List of changes from API only gives target tile of moved node

2009-12-20 Thread Matt Amos
On Sun, Dec 20, 2009 at 8:17 PM, Frederik Ramm frede...@remote.org wrote:
 Andre Hinrichs wrote:
 Anyway, if not many services use it (except t...@h) it would not create a
 high load on the server, so why drop it?

 I think it is certainly an odd one out among the API calls; no other
 API call concerns itself with tile numbers of a spherical Mercator
 projection.

it seems like something that trapi [1] could calculate more
effectively than the main API, given that trapi must know which data
tiles have been updated with each diff.

cheers,

matt

[1] http://wiki.openstreetmap.org/wiki/Trapi

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[Talk-GB] last london pub meetup of the year

2009-12-18 Thread Matt Amos
the wiki currently has the meetup set for the john snow on tuesday[1].
how do people feel about moving that to wednesday?

cheers,

matt

[1] http://wiki.openstreetmap.org/wiki/London/Winter_2009-2010_Pub_Meetup

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Re: [OSM-talk] Dual/Multiple licencing

2009-12-14 Thread Matt Amos
On Mon, Dec 14, 2009 at 11:24 AM, Brendan Morley morb@beagle.com.au wrote:
 Maybe I missed something in the discussion but...

 Why must there be migration to the new licence?

mainly because the current license doesn't work. that is; in some
jurisdictions it isn't able to enforce the attribution and share-alike
features that most people expect. that's not the only reason, and you
can find more information here:

http://www.osmfoundation.org/wiki/File:License_Proposal.pdf
http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable
http://wiki.openstreetmap.org/wiki/Open_Database_License

 Why can't we run both indefinitely?

for the same reason that, if your front door is broken and won't lock,
you don't just double-lock your back door ;-)

cheers,

matt

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Re: [OSM-talk] Dual/Multiple licencing

2009-12-14 Thread Matt Amos
On Mon, Dec 14, 2009 at 11:45 AM, Peter Childs pchi...@bcs.org wrote:
 CCbySA says you must attribute where it came from, ODbl make no such
 demand.

ODbL does make such a demand, see:

http://www.opendatacommons.org/licenses/odbl/summary/
http://www.opendatacommons.org/licenses/odbl/1.0/ (sections 4.2 and 4.3)

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 7:37 AM, 80n 80n...@gmail.com wrote:
 It's clearly not the same difficulty.   And the point of this is that it's
 going to be almost impossible to detect a derived database in use.  You said
 yourself that you'd just assume that anyone processing OSM data would be
 presumed to be using a derived database.

it is the same difficulty. it can be almost impossible to detect
whether someone is using OSM data or not, especially if the output
isn't tiles or extra data has been mixed in.

 The example I described above clearly demonstrates that you can't
 differentiate between company A who doesn't use a derived database and
 company B who does.  You counter example, that maps are just as difficult is
 hardly relevant, and incorrect anyway.  In most cases you can detect the
 infringment because you would have the evidence in front of you.

my counter example is relevant, as it shows that the situation isn't
really changing; only the terminology is changing. clearly we aren't
going to be able to agree on this, but for the benefit of anyone else
with the stamina to have reached this far down the thread:

1) if a company is publishing produced works, and isn't making an
offer of a database available, you can contact them and ask them
(politely of course) whether they have forgotten to make an offer of
their derived database available.

2) if a company is publishing maps, and you suspect they're derived
from OSM but aren't appropriately attributed or licensed, you can
contact them and ask them (politely of course) whether they have
forgotten to put the appropriate attribution and license on their
maps.

the situation we have at the moment is that most of these situations
are clearly evidenced. with the ODbL i expect that to remain true,
since it's going to be pretty obvious that company X's
routing/geocoding/tiles aren't rendered directly from planet and will
involve a derivative database. furthermore, i expect that in the
future, as currently, most license violations will stem from an
incomplete understanding of the license, or forgetfulness, more than
maliciousness.

 The reality is that the derived database rule is almost unenforceable in the
 way that you describe it.  It would be a massive drain on OSMF resources to
 try enforcing such a policy and would certainly be a very strong case for
 many commercial companies to avoid OSM data like the plague.

i don't believe so. have you talked to any commercial companies who
would be more put off by the new license than the old?

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 6:27 PM, Anthony o...@inbox.org wrote:
 On Sun, Dec 13, 2009 at 1:08 PM, Matt Amos zerebub...@gmail.com wrote:

 On Sun, Dec 13, 2009 at 3:37 PM, Anthony o...@inbox.org wrote:
  On Sun, Dec 13, 2009 at 2:37 AM, 80n 80n...@gmail.com wrote:
 
  The example I described above clearly demonstrates that you can't
  differentiate between company A who doesn't use a derived database and
  company B who does.
 
  What if company C makes a derived database and gives it to company D?
  Does
  company D have to release the derived database?

 no. if company D is a subcontractor to company C and no produced works
 are published. if either company C or D publish produced works from
 the database, they must make an offer of it. if company D isn't a
 subcontractor then company C must make an offer of the database.

 Okay, so if company C makes derived database and gives it to company D, then
 company D creates tiles with that database, company D has to offer the
 database to anyone who receives the tiles, right?

yes, if D is a subcontractor of C. otherwise both C and D must offer it.

 However, if company D downloads the original database from OSM, then company
 D creates tiles with that database, company D doesn't have to offer the
 database to anyone who receives the tiles, right?

they've almost certainly created a derivative database, for example if
they're using postgis+mapnik, so i'd say they would have to offer that
database.

 Rereading the ODbL, this seems like the most natural way to read it.

 Assuming these two points are true, what is considered the original
 database?  Anything on the official (planet.openstreetmap.org) download
 site?  Only databases which were created by OSMF employees?  Only the raw
 on-disk PostgreSQL datastores?  Something else?

technically, it's the on-disk postgresql datastore, plus the server
implementation. the planet is a database dump, and loading that into a
database is creating a derivative.

 If I distribute a tile on March 31, 2010, what exactly do I need to offer?
 The exact portion of the database which is used to create this tile?  If the
 data later changes, I still need to keep the old version in case someone
 takes me up on my offer, right?  Is it enough to keep the full history and
 expect people to look at the timestamps to figure out the state of the
 database at the time of their download?

no. LWG took legal advice on this and it's sufficient to provide the
latest version of the database, or whatever you have which is as close
to the version the user used as possible.

 Can users decline the offer, in which case I can delete the database?  Can I
 give users the option to download the database immediately or to decline the
 offer, so I don't have to keep historical data around indefinitely?

it's not necessary to keep historical data. and you don't have to keep
dumps around either. the offer is pretty much if you contact me, i'll
give you my database as close as i can to the version you used. if
you practically can't keep the dumps, then that's not a problem.

if you delete all records of the database, then your only options are
to recreate it, or reveal the method used to create it.

  Do they have to mention
  company C?

 if D produces works, or further distributes the database or a
 derivative of it then yes.

 What if company C gives them permission not to, or if company C asks them
 not to reveal who they are?

attribution is at the company's option, so if company C doesn't want
to be attributed then D can't mention them. the reverse is also true,
if company C wants to be attributed then D can't remove that
attribution notice. of course, neither C or D can remove the
attribution to OSM, as OSM wants to be attributed.

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 8:41 PM, Anthony o...@inbox.org wrote:
 On Sun, Dec 13, 2009 at 3:01 PM, Matt Amos zerebub...@gmail.com wrote:

 On Sun, Dec 13, 2009 at 6:27 PM, Anthony o...@inbox.org wrote:
  Okay, so if company C makes derived database and gives it to company D,
  then
  company D creates tiles with that database, company D has to offer the
  database to anyone who receives the tiles, right?

 yes, if D is a subcontractor of C. otherwise both C and D must offer it.

 What constitutes being a subcontractor?  Subcontractor as in work for
 hire?  C has to offer it to whom?  I thought C only has to offer the
 database to D.

the wording used in ODbL is Persons other than You or under Your
control by either more than 50% ownership or by the power to direct
their activities (such as contracting with an independent
consultant).

oops, what i wrote earlier wasn't quite right: C only has to offer the
database to D, and D has to offer it to recipients of tiles. (unless,
of course, C is publicly using the database as well.)

 You must also offer to recipients of the Derivative Database or Produced
 Work...

 So, if Company C makes a derived database, and gives it to Company D, and
 Company D makes a Produced Work, and gives it to Company E, Company C has to
 offer Company E the Derivative Database?

i think at that point company D has to offer the derived database to company E.

  Can users decline the offer, in which case I can delete the database?
  Can I
  give users the option to download the database immediately or to decline
  the
  offer, so I don't have to keep historical data around indefinitely?

 it's not necessary to keep historical data. and you don't have to keep
 dumps around either. the offer is pretty much if you contact me, i'll
 give you my database as close as i can to the version you used. if
 you practically can't keep the dumps, then that's not a problem.

 if you delete all records of the database, then your only options are
 to recreate it, or reveal the method used to create it.

 So, you kind of didn't answer my question.  If I distribute a produced work,
 can I ask the recipient Do you want the data?, and if they say no, then I
 never have to worry about them coming back and saying okay, now I want the
 data?

sorry, i must have misunderstood the question. i think that would be
between you and the recipient.

 I guess if I have to offer even downstream recipients the database, it
 doesn't much matter.  That person might say they don't want the data, and
 then give the produced work to a friend, who then calls me on the phone and
 demands the data.

yeah, the following passage might apply:

if you Publicly Use a Produced Work, You must include a notice
associated with the Produced Work reasonably calculated to make any
Person that uses, views, accesses, interacts with, or is otherwise
exposed to the Produced Work aware that Content was obtained from the
Database, Derivative Database, or the Database as part of a Collective
Database, and that it is available under this License.

which seems to imply that the offer extends to anyone who sees your
produced work. i'm not sure how it extends to derivatives (where
permitted) of your produced work, though...

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 12:07 PM, Frederik Ramm frede...@remote.org wrote:
 Hi,

    OdbL has this requirement where, if you publish a produced work
 based on a derived database, you also have to publish either

 (a) the derived database or
 (b) a diff allowing someone to arrive at the derived database if he
 has the original, publicly available database or
 (c) an algorithm that does the same.

 Is that correct so far?

you don't have to publish any of these. the language used is that you
have to offer these things, which means you don't have to be able to
host these things. for example, sending a DVD through the post is in
compliance with the license.

also, these things have to be in a machine readable form.

 I guess it would probably permitted to specify a number of PostGIS
 commands that achieve the changes. - Let us assume for a moment that
 applying these PostGIS commands would require a machine with 192 GB of
 RAM and Quad Quadcore processors and still take two weeks to complete,
 putting it out of reach of many users. Would it still be permitted to do
 that?

yes.

 Or, would it be allowable to say: For simplification, a Douglas-Peucker
 algorithm link to DP wikipedia entry is used. (leaving open the exact
 implementation and parametrisation of DP - bear in mind that with some
 algorithms, how they work is easily explained but implementing them in a
 way that runs on standard hardware may be a hard task).

no, i don't believe this would constitute machine readable form.

 Or, would it be allowed to say: For simplification, just load the data
 set into name of horribly expensive proprietary ESRI program and hit
 Ctrl-S X Y, then choose Export to PostGIS?

i think this would constitute technological measures of restriction,
so i think you'd need to provide a parallel distribution of the full
unrestricted output.

 What about: For simplification, we did the following steps: detailed
 instructions that are easy to follow. These steps in this sequence are
 patented by us, so if you want to follow them, please apply to us for a
 license to use our patent.

again, i think this would constitute technological measures, and
would require a parallel unrestricted distribution.

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 3:43 PM, 80n 80n...@gmail.com wrote:
 On what basis can you demand from company B that they release their
 intermediate database?  You don't know (for sure) that they have an
 intermediate database.  The ODbL doesn't give you any rights to ask company
 A to warrant that they are not using an intermediate database.

company B is required, under the ODbL, to provide an offer of their
derived database (or a diff, etc...).

 What kind of duck test can you use to be sure that a derived database is
 involved in the process?

if you suspect that someone is using a derived database, and isn't
making an offer of it, you are suspecting that they are in breach of
the ODbL. this can be tested by asking the company and, if they don't
provide a satisfactory response, legal proceedings could follow.

this is similar to the AGPL. if you suspected that someone was
distributing or allowing users [to] interact[...] remotely through a
computer network with a derivative version of AGPL'd code, you could
ask them where the corresponding offer is and, if they don't provide a
satisfactory response, legal proceedings could follow.

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 8:20 PM, 80n 80n...@gmail.com wrote:
 On Sat, Dec 12, 2009 at 8:09 PM, Matt Amos zerebub...@gmail.com wrote:

 On Sat, Dec 12, 2009 at 6:30 PM, 80n 80n...@gmail.com wrote:
  On Sat, Dec 12, 2009 at 4:13 PM, Matt Amos zerebub...@gmail.com wrote:
  On Sat, Dec 12, 2009 at 3:43 PM, 80n 80n...@gmail.com wrote:
   What kind of duck test can you use to be sure that a derived database
   is
   involved in the process?
 
  if you suspect that someone is using a derived database, and isn't
  making an offer of it, you are suspecting that they are in breach of
  the ODbL. this can be tested by asking the company and, if they don't
  provide a satisfactory response, legal proceedings could follow.
 
  Exactly.  On what grounds would you suspect that either company was
  using a
  derived database?

 by whatever grounds you'd suspect that a company was providing
 services based on AGPL software, or distributing a binary
 incorporating GPL software - gut instinct ;-)

 In the scenario I described you'd have no grounds for suspicion.

yes. and you'd have no grounds for suspicion if a company were using
modified AGPL software, so you have to rely on gut instinct.

 let's assume it's known that this company is definitely using OSM data
 - determining that can be difficult, depending on exactly what it is
 they're doing with the data. in general, it's very difficult to do
 anything directly from the planet file alone, so i'd suspect that any
 company doing anything with OSM data has a derived database of some
 kind and, if there's no offer evident on their site, i'd contact them
 about it.

 You're going to do that for every single organisation that publishes some
 kind of OSM data?!!  Good luck.

no, i'm going to assume that most organisations and are going to read
the license and abide by it, the same way they'd read and abide by any
other open source/content license.

 it's a similar situation to looking at a site and thinking they're
 using OSM data to render a map, without respecting the license. it's
 entirely possible that they have some other data source, or have
 collected the data themselves. so it's a gut instinct whether or not
 you think any of the data has come from OSM and should be followed up.

 Not at all.  The lack of attribution is self evident.  A derived database is
 not at all evident.

company A: publishing a map with no attribution, but it's at least
partly derived from OSM.
company B: publishing a map with no attribution and it's all their own data.

a lack of attribution is evident, but whether they're using OSM data
isn't. you have no grounds for suspicion, but you might have a gut
instinct. what do you do?

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 9:03 PM, 80n 80n...@gmail.com wrote:
 On Sat, Dec 12, 2009 at 8:44 PM, Matt Amos zerebub...@gmail.com wrote:
 a lack of attribution is evident, but whether they're using OSM data
 isn't. you have no grounds for suspicion, but you might have a gut
 instinct. what do you do?

 If you have no grounds for suspicion then you do nothing.

 But checking the Easter Eggs is a pretty good method of establishing grounds
 in your example.  That doesn't hold true for the derived databases in my
 scenario.

are there easter eggs in OSM? i thought we followed the on the
ground rule? ;-)

it isn't a good method of establishing grounds if the data may have
been modified by the inclusion of 3rd party data, or processed in a
way which would change the visual texture of the data. basically,
while sometimes you can be sure there's a derivative database or that
data is from OSM, a lot of times you can't be.

cheers,

matt

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Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 10:45 PM, 80n 80n...@gmail.com wrote:
 On Sat, Dec 12, 2009 at 9:20 PM, Matt Amos zerebub...@gmail.com wrote:
 are there easter eggs in OSM? i thought we followed the on the
 ground rule? ;-)

 The two are not mutually exclusive.  Ordnance Survey are well known for
 having very accurate maps, they are also known to have easter eggs.

sure. but each easter egg is a deliberate inaccuracy.

 it isn't a good method of establishing grounds if the data may have
 been modified by the inclusion of 3rd party data, or processed in a
 way which would change the visual texture of the data. basically,
 while sometimes you can be sure there's a derivative database or that
 data is from OSM, a lot of times you can't be.

 I think you've lost the thread.  Now, you are arguing that you can't spot a
 derivative database.

i've been arguing that from the start. not only have i been saying
it's difficult to tell if there's a derivative database, i've been
saying it's the same difficulty as telling if a map is derived from
OSM, or if a binary contains modified GPL code, or if a service is
using modified AGPL code.

cheers,

matt

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Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Matt Amos
On Tue, Dec 8, 2009 at 1:52 PM, 80n 80n...@gmail.com wrote:
 On Tue, Dec 8, 2009 at 12:57 PM, Richard Weait rich...@weait.com wrote:

 On Tue, Dec 8, 2009 at 7:40 AM,  mapp...@sheerman-chase.org.uk wrote:
 
  Hi,
 
  A quick question for the legal people: does ODbL allow the project to
  be forked?

 Why not?

 The code is in svn and has been for ages, ready for forking.  Of
 course, you can't change the license on the GPL code that you fork
 without re-writing it.

 The OSM data can be forked now as cc-by-sa as the data is right there
 in planet, ready for forking.  You could fork data from an ODbL
 project the same way.  Of course the same requirements for relicensing
 would exist.  You'd have to essentially replace all of the data to
 relicense the data.

 Could a fork relicense the Content in a different way?  As I understand it
 the Content is unrestricted by any license or copyright claim.

there's nothing in the ODbL or contributor terms i can see that would
forbid it, but part of the reason for that is the lack of basis in law
for protecting individual (or non-Substantial amounts of) Content
elements in most jurisdictions.

it might work if copyright were asserted in the UK based on the sweat
of the brow doctrine, but then you'd have to be very careful about
not distributing it to the US and other jurisdictions where they
follow a creativity doctrine.

 Obviously any collection of the Content that forms a substantial amount
 would have to be wrapped in ODbL, so I'm not sure what it would mean in
 practice, but it seems that someone could re-publish an ODbL licensed
 database that contained Content that was restricted by a no-modifications
 clause or a non-commercial clause.

section 4.8 says, You may not sublicense the Database. Each time You
communicate the Database, the whole or Substantial part of the
Contents, or any Derivative Database to anyone else in any way, the
Licensor offers to the recipient a license to the Database on the same
terms and conditions as this License. [...] You may not impose any
further restrictions on the exercise of the rights granted or affirmed
under this License.

however, as you point out, this doesn't cover the Contents. i guess
it's possible take the stance that there are no rights inherent in
individual Contents (as in the US) and therefore any attempt to impose
an ND/NC clause on the Contents isn't valid.

 I may not have understood the meaning of the Contributor Terms properly, but
 clause 2 seems to waive any rights in the Content from the contributors and
 I haven't seen anywhere that asserts any additional rights, so am I right to
 infer that the Content is not constrained in any way?

yes, in non-Substantial amounts i believe so.

cheers,

matt

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Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Matt Amos
On Wed, Dec 9, 2009 at 12:21 AM, 80n 80n...@gmail.com wrote:
 On Wed, Dec 9, 2009 at 12:14 AM, Matt Amos zerebub...@gmail.com wrote:
 it's in that spirit, but it's also worth pointing out that we aren't
 asking for copyright assignment or any other rights assignment. that's
 a subtle, but often important difference.

 Matt, could you explain why it's an important difference please?

because, when this issue has come up before, several people expressed
concern about assigning copyright (or any other right) to the OSMF.
there's a liberal license grant, but no assignment of rights. since
people think it's an important issue, to avoid further confusion i
thought it was important to point out that difference.

cheers,

matt

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Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Matt Amos
On Tue, Dec 8, 2009 at 11:14 PM, andrzej zaborowski balr...@gmail.com wrote:
 2009/12/8 Matt Amos zerebub...@gmail.com:
 On Tuesday, December 8, 2009, Anthony o...@inbox.org wrote:
 On Tue, Dec 8, 2009 at 7:40 AM,  
 mapp...@sheerman-chase.org.uk javascript:_e({}, 'cvml', 
 'mapp...@sheerman-chase.org.uk'); wrote:


 A quick question for the legal people: does ODbL allow the project to
 be forked?

 Technically, it does.  But remember that the OSMF is granted a special 
 license in addition to the ODbL.  Any fork would be at a major disadvantage 
 as it wouldn't have that special license.

 Yes, because the osmf has a direct relationship with the contributors,
 and any fork wouldn't. This is similar to the fsf, which asks its
 contributors to assign copyright, giving it rights that any fork
 purely under the GPL doesn't have.

 Right, so this is one thing that isn't being made so clear.  It's been
 said multiple times that the ODbL transition in summary is the spirit
 of CC-By-SA taken and made into a proper license for a database.  But
 actually it's the spirit of CC-By-SA + copyright assignment, like that
 of Mozilla and others, which makes a difference.

it's in that spirit, but it's also worth pointing out that we aren't
asking for copyright assignment or any other rights assignment. that's
a subtle, but often important difference.

cheers,

matt

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Re: [OSM-legal-talk] Are closed issues really closed post ODbL data removal plan

2009-12-07 Thread Matt Amos
On Sun, Dec 6, 2009 at 8:36 PM, Ævar Arnfjörð Bjarmason
ava...@gmail.com wrote:
 So my question is:

  1. The closed issue I referred to contains the text OSMF counsel
 does not believe on something that seems to have fundamental
 significance to how the transition will be performed. Specifically the
 question of (addressed in my December 2008 mail) how we determine
 whether ODbL licensed works are derived from things still under the
 CC-BY-SA in February.

 The OSMF counsel seems to suggest that we only have to worry about
 this on a per-object basis, i.e. if there are some CC-BY-SA-only edits
 in the history of a given node/way/relation but I'd have thought we'd
 also have to worry about the case where someone has traced hundreds of
 amenity=* nodes from the layout of what's now a CC-BY-SA-only road
 network. But OSMF counsel thinks it's not necessary to remove nearby
 or adjoining elements.

 I know the OSMF contacted outside legal counsel to comment on the ODbL
 itself but has it solicited a second pair of eyes on these open/closed
 issues? It would be interesting to know whether other lawyers take
 such a narrow view of what constitutes a derived work.

it would be interesting, and OSMF have contacted other lawyers for
their opinion on other matters, but we only had one response. this
doesn't fill me with confidence that if we asked for legal advice we
would have many responses. on the other hand, OSMF counsel is a good
lawyer, and i would expect him to know what he's talking about.

if you know any lawyers who would be willing to give legal advice
pro-bono, LWG would be very happy to hear about it.

 2. Is anyone working on the technical side of the CC-BY-SA-only data
 removal, e.g. filtering the planet to throw out objects which have
 CC-BY-SA-only data in their history? I haven't seen anything on dev@
 about this or on the wiki. What's the plan?

yes. the plan (subject to change based on technical feasibility, of
course) is here:

http://wiki.openstreetmap.org/wiki/Open_Data_License/Backup_Plan#Marking_elements_.22OK.22

the key is that there must be an uninterrupted chain of ODbL-licensed
elements from the first version of the element, followed by a
referential integrity cleanup. at this point it's not clear that the
relicensing will go ahead, but if it does you'll see more discussion
of this on d...@.

cheers,

matt

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Re: [OSM-talk] [OSM-legal-talk] Are closed issues really closed post ODbL data removal plan

2009-12-07 Thread Matt Amos
On Sun, Dec 6, 2009 at 8:36 PM, Ævar Arnfjörð Bjarmason
ava...@gmail.com wrote:
 So my question is:

  1. The closed issue I referred to contains the text OSMF counsel
 does not believe on something that seems to have fundamental
 significance to how the transition will be performed. Specifically the
 question of (addressed in my December 2008 mail) how we determine
 whether ODbL licensed works are derived from things still under the
 CC-BY-SA in February.

 The OSMF counsel seems to suggest that we only have to worry about
 this on a per-object basis, i.e. if there are some CC-BY-SA-only edits
 in the history of a given node/way/relation but I'd have thought we'd
 also have to worry about the case where someone has traced hundreds of
 amenity=* nodes from the layout of what's now a CC-BY-SA-only road
 network. But OSMF counsel thinks it's not necessary to remove nearby
 or adjoining elements.

 I know the OSMF contacted outside legal counsel to comment on the ODbL
 itself but has it solicited a second pair of eyes on these open/closed
 issues? It would be interesting to know whether other lawyers take
 such a narrow view of what constitutes a derived work.

it would be interesting, and OSMF have contacted other lawyers for
their opinion on other matters, but we only had one response. this
doesn't fill me with confidence that if we asked for legal advice we
would have many responses. on the other hand, OSMF counsel is a good
lawyer, and i would expect him to know what he's talking about.

if you know any lawyers who would be willing to give legal advice
pro-bono, LWG would be very happy to hear about it.

 2. Is anyone working on the technical side of the CC-BY-SA-only data
 removal, e.g. filtering the planet to throw out objects which have
 CC-BY-SA-only data in their history? I haven't seen anything on dev@
 about this or on the wiki. What's the plan?

yes. the plan (subject to change based on technical feasibility, of
course) is here:

http://wiki.openstreetmap.org/wiki/Open_Data_License/Backup_Plan#Marking_elements_.22OK.22

the key is that there must be an uninterrupted chain of ODbL-licensed
elements from the first version of the element, followed by a
referential integrity cleanup. at this point it's not clear that the
relicensing will go ahead, but if it does you'll see more discussion
of this on d...@.

cheers,

matt

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Re: [OSM-talk] OSMF: The people you are going to hand over your OSM data ...

2009-12-06 Thread Matt Amos
On Sun, Dec 6, 2009 at 1:55 PM, 80n 80n...@gmail.com wrote:
 If the value of OSM data ever gets very near the value of map data owned by
 companies like Navteq and Teleatlas then OSMF becomes a very tempting
 target.  The safeguards that have been put in place (a vote of the OSMF
 membership and recent contributors) would be very easy to circumvent.

they would have to first gain a majority of the OSMF members, which
would take a lot of resources but i guess it's doable. but then they'd
*further* need to gain a majority of active contributors, which would
mean they'd need to find a majority of contributors editing in three
out of the last six months. given that this number appears to be in
the region of 70,000 mappers at the moment, and will presumably grow
over time, i think this is too much effort even for a large mapping
company.

but, let's be constructive instead; what do you think would be an
adequate safeguard while still allowing the license to change in
response to community needs?

 There's no safeguard, for example, that prevents the OSMF from changing the
 Contributor Terms.  They can do that at any point in the future without any
 kind of vote or other formality.  That's a pretty big hole in itself 

the funny thing is, OSMF can't change the contributor terms once
you've signed it. it's a contract between you and OSMF which follows
the usual rule - it can only be amended by a further agreement in
writing signed by both parties. so, no. OSMF can't change the
contributor terms for existing contributors.

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-06 Thread Matt Amos
On Sun, Dec 6, 2009 at 9:03 AM, 80n 80n...@gmail.com wrote:
 You can't continue to claim that CC BY-SA is broken without some evidence of
 our data being abused.  Put up or shut up, please.

 Show us the evidence of license abuse please.

http://www.mail-archive.com/talk@openstreetmap.org/msg24536.html

cheers,

matt

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Re: [OSM-talk] OSMF: The people you are going to hand over your OSM data ...

2009-12-06 Thread Matt Amos
On Sun, Dec 6, 2009 at 3:05 PM, 80n 80n...@gmail.com wrote:
 On Sun, Dec 6, 2009 at 2:40 PM, Matt Amos zerebub...@gmail.com wrote:

 On Sun, Dec 6, 2009 at 1:55 PM, 80n 80n...@gmail.com wrote:
  If the value of OSM data ever gets very near the value of map data owned
  by
  companies like Navteq and Teleatlas then OSMF becomes a very tempting
  target.  The safeguards that have been put in place (a vote of the OSMF
  membership and recent contributors) would be very easy to circumvent.

 they would have to first gain a majority of the OSMF members, which
 would take a lot of resources but i guess it's doable. but then they'd
 *further* need to gain a majority of active contributors, which would
 mean they'd need to find a majority of contributors editing in three
 out of the last six months. given that this number appears to be in
 the region of 70,000 mappers at the moment, and will presumably grow
 over time, i think this is too much effort even for a large mapping
 company.

 Easy enough to create fake accounts and bots to provide contributions.  The
 contributor terms do not define the term contributor and it would be very
 onerous to sift through 70,000 accounts to try to differentiate between real
 and fake accounts.  Not something that you'd be able to enforce very
 practically.


 but, let's be constructive instead; what do you think would be an
 adequate safeguard while still allowing the license to change in
 response to community needs?

 You could get the contributor terms reviewed by a decent lawyer for a start,
 with a brief to look at the terms with a view to protecting the rights of
 the contributors.  If you've had any legal review what brief did you give
 them?

as you well know, we've had the contributor terms reviewed by Clark,
with the brief to look at if from OSMF's point of view and the
contributor's point of view.

so, having done that, what else do you think would be an adequate
safeguard while still allowing the license to change in response to
community needs?

  There's no safeguard, for example, that prevents the OSMF from changing
  the
  Contributor Terms.  They can do that at any point in the future without
  any
  kind of vote or other formality.  That's a pretty big hole in itself
  

 the funny thing is, OSMF can't change the contributor terms once
 you've signed it. it's a contract between you and OSMF which follows
 the usual rule - it can only be amended by a further agreement in
 writing signed by both parties. so, no. OSMF can't change the
 contributor terms for existing contributors.

 So existing contributors would be denied access until they assent to the new
 Contributor Terms.  This is pretty common practice and most contributors
 would be inclined to click through without giving it much thought.  Indeed
 it's how the OSMF propose to implement these terms in the first place.

ok, let's try and be constructive about this... what would you
suggest? given that this tactic would work with any service - the only
thing i can think of is to have an organisation governed by its
members; OSMF. this introduces other problems, which we've tried to
work around, but i'd be thrilled to hear if there are better options.

cheers,

matt

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Re: [OSM-talk] Opinion poll about the new licence Odbl 1.0

2009-12-06 Thread Matt Amos
On Sun, Dec 6, 2009 at 4:35 PM, Pieren pier...@gmail.com wrote:
 On Sun, Dec 6, 2009 at 5:25 PM, andrzej zaborowski balr...@gmail.com wrote:
 I missed an option saying I'm in favour of ODbL but may not be in
 position to agree to relicense all data I uploaded (because part of it
 is CC-BY-SA owned by other authors).

 Cheers


 As far as I understood (but some experts might rectify if I'm wrong),
 only the last contributor of an element will have to accept the new
 licence.

this isn't correct. to recover the full history of an element all
authors who have contributed to it will have to agree. for more
details, please see
http://wiki.openstreetmap.org/wiki/Open_Data_License/Backup_Plan#Marking_elements_.22OK.22

 So if your uploads are based on other authors who will reject
 the new licence, the data will remain anyway if you, the last
 contributor in the history of this element accepts the new licence.
 If you think that you could accept the new licence but not in these
 conditions, you might select the option no, I will not accept the new
 license Odbl but I will if the license is reworked and add some
 comments below.

if you're in the US you could also accept the new license on Anthony's
(as far as i can tell, correct) interpretation, which is that factual
data doesn't gather copyright protection.

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 1:59 AM, Anthony o...@inbox.org wrote:
 I'm not sure if it's enforceable or not.  And I've asked on the legal list
 (so far without an answer) whether or not agreeing to the Contributor Terms
 requires also agreeing to the ODbL in ways that purport to reach beyond
 copyright law (which, here in Florida, is not very far).

it's my understanding that agreeing to the contributor terms doesn't
require agreeing to anything that purports to reach beyond copyright
law. the license was written by a lawyer well-versed in US IP law and
reviewed by another working (pro bono) on behalf of the OSMF who is
also well-versed in US IP law.

there are contractual components to the ODbL, but these are necessary
as several lawyers have expressed doubt that copyright law alone can
protect OSM data, especially in the US. for more information, please
read the proposal document:

http://www.osmfoundation.org/wiki/File:License_Proposal.pdf

 I'd be willing to release my contributions into the public domain.  But I
 won't agree to further restrictions on the OSM database which go beyond
 copyright law.  Someone else pointed out that that's what Google does.
 Yeah, I thought OSM was supposed to be better than that.

well, that's unfortunate. it would really help if we could understand
why you don't feel you could agree to the contractual parts of the
ODbL. they are there for a good reason and weren't included
frivolously.

 In any case, I see little chance of the switch being made under the terms
 outlined.  Between people who refuse the Contributor Terms and people who
 just never respond, there's likely going to be *way* too much to delete.

we would obviously like to minimise the number of people who don't
want to agree. we would like to be as inclusive as possible, but as
several people have said already, we've been through a number of
consultation periods, so we thought we'd ironed out most of the major
objections.

please remember, we've been working for a while to find a license for
OSM which works, and protects the data we've all worked on. ODbL does
this much better than CC BY-SA, which likely doesn't work at all in
some jurisdictions. ODbL has very much the same license elements as CC
BY-SA - it's an attribution and share-alike license. there are some
differences, mostly in the underlying law used to enforce it and the
way it concentrates on share-alike for the data, not the produced
works.

cheers,

matt

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Re: [OSM-talk] OSMF: The people you are going to hand over your OSM data ...

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 3:25 AM, 80n 80n...@gmail.com wrote:
 On Sat, Dec 5, 2009 at 11:41 PM, SteveC st...@asklater.com wrote:

 On Dec 5, 2009, at 4:25 PM, Ulf Lamping wrote:
  Remember: Steve is the head of the OSMF, so this is the OSMF Chairman's
  position about other peoples opinions when they don't share his own
  opinion.

 I'm not allowed to have opinions?

  Is this the organization you want to hand over the license of your OSM
  data?

 The OSMF wont own the data and you know it.

 The Contributor Terms contains the following clause:  You hereby grant to
 OSMF and any party that receives Your Contents a worldwide, royalty-free,
 non-exclusive, perpetual, irrevocable license to do any act that is
 restricted by copyright over anything within the Contents, whether in the
 original medium or any other.

 That's pretty much as close as you can get to owning a piece of data.

out of interest, would you prefer that it were worded like CC BY-SA?

[you] hereby grant[s] [OSMF] a worldwide, royalty-free,
non-exclusive, perpetual (for the duration of the applicable
copyright) license to exercise the rights in the Work as stated below:
[list of rights covered by the Berne convention.] The above rights may
be exercised in all media and formats whether now known or hereafter
devised. The above rights include the right to make such modifications
as are technically necessary to exercise the rights in other media and
formats.

as far as i can see the contributor terms definition says the same
thing, except it's more concise. we strived for readability and
brevity in the contributor terms, given that it will be read by so
many people. do you think it would have been better to go for the
longer version as CC BY-SA does?

just as CC BY-SA contains limitations on the exercise of those rights
(BY and SA), so does the contributor terms - initially only a release
under CC BY-SA and ODbL, subject to a vote of the OSMF membership and
active contributors if the need arises to change that to a different
free and open license.

cheers,

matt

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Re: [OSM-talk] [Osmf-talk] my views on the ODbL

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 3:36 AM, Anthony o...@inbox.org wrote:
 Now, when I
 download the OSM database from that mirror site, what binds me to the ODbL?
 Absolutely nothing.

your email here proves you are aware of the terms of such a download. :-)

for people who haven't so publicly demonstrated their awareness of the
license, we will be showing (or linking to) the license wherever ODbL
data can be downloaded and placing license metadata into the data
downloaded from the OSM site, using dublin core definitions or
similar. to use the file, one must be aware of the format, which
implies familiarity with the site and documentation, therefore the
license. either that, or the format can be figured out from looking at
the file, which implies ample opportunity to notice the license
metadata.

several courts have upheld such browser wrap licenses. please see
richard's wonderfully complete email here
http://lists.openstreetmap.org/pipermail/osmf-talk/2009-December/000479.html

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 1:30 AM, Ulf Lamping ulf.lamp...@googlemail.com wrote:
 Shaun McDonald schrieb:
 The License Working Group has spent months, well probably nearer years, on 
 the license change. They know one heck of a lot more about legal systems 
 than myself. They are people that I trust. Therefore I'm going to listen to 
 them, and let them just get on with it. I really just wan this license 
 change sorted out and completed as there are other more important things to 
 be done.

 That probably reflects the problem best.

 I do *not* know the people from the License Working Group (as I guess
 most mappers won't do) - therefore I have no reasons to trust them or not.

i guess introductions are in order - hi! my name is matt and i've been
a contributor to OSM for over 4 years according to the website. if
you've been to any of the SotM conferences we may have met, if not you
can find me at most of the OSM meetups in London. it's entirely
possible that, although we may not have met, you know someone who
knows me. may i suggest that, if you trust them, you ask them whether
they trust me?

 I do *not* see it as my personal duty to build trust in a license change
 that some people (I do not know) are trying to do.

i absolutely understand your position. keeping up with the legal and
licensing discussions is extremely time-consuming - it has consumed
about 2 hours of my life per week directly in LWG meetings, and
probably several times more in doing work for LWG and reading,
researching and responding to legal-talk emails. it's onerous.

on the other hand, the issues at stake are very important, as you say here:

 I can't see (by far) *any* more important thing in OSM than what will
 happen to my data in the future.

the intent of CC BY-SA, as i see it, is to ensure that OSM data
remains free in the same way that GPL ensures that source code remains
free. a few years ago concerns were raised about whether copyright
(the basis of CC BY-SA) applies to OSM's data. over the course of the
intervening time several lawyers have been consulted, including Clark
Asay who was able to act (pro-bono, thanks!) as counsel for OSMF. to
my knowledge, every single one of these lawyers expressed grave doubts
about CC BY-SA's ability to protect OSM data and ensure it remains
free.

but wasn't the point of CC BY-SA to protect our data and ensure it
remains free? so the LWG was set up so that members of the OSM
community could work together to find and refine a license which OSM
could use to ensure those goals. we, like you, think that the future
of the data, and it's enduring freedom, is of utmost importance. in
collaboration with ODC, another organisation including an IP lawyer
working pro-bono, we've developed the ODbL - an attribution and
share-alike license developed specifically for databases like OSM.

we believe that ODbL is better than CC BY-SA at protecting our data,
and that we should move to it to ensure the future of our unique free
and open geodata.

cheers,

matt

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Re: [OSM-talk] [Osmf-talk] my views on the ODbL

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 4:23 AM, Anthony o...@inbox.org wrote:
 On Sat, Dec 5, 2009 at 11:15 PM, Matt Amos zerebub...@gmail.com wrote:

 On Sun, Dec 6, 2009 at 3:36 AM, Anthony o...@inbox.org wrote:
  Now, when I
  download the OSM database from that mirror site, what binds me to the
  ODbL?
  Absolutely nothing.

 your email here proves you are aware of the terms of such a download. :-)

 The terms are not yet in place, and should they be put into place, I don't
 plan on using the website.

i'm sorry you feel that way.

 for people who haven't so publicly demonstrated their awareness of the
 license, we will be showing (or linking to) the license wherever ODbL
 data can be downloaded and placing license metadata into the data
 downloaded from the OSM site, using dublin core definitions or
 similar.

 The fact that someone is shown a license doesn't mean that they agree to
 it.  C'mon, I can add a license to the bottom of this email, does that
 mean that anyone who reads it thereby agrees to it?

the agreement doesn't kick in from the reading of the license, it
kicks in when you do something that only the license would permit you
to do. in the case of a browser wrap, that is downloading the data.
in the case that you already have the file, it's continuing to use it
after you become aware of the terms.

remember, rights are default: deny. the fact that you have access to
the data at all implies that there is a license which you should be
aware of.

 several courts have upheld such browser wrap licenses. please see
 richard's wonderfully complete email here

 http://lists.openstreetmap.org/pipermail/osmf-talk/2009-December/000479.html

 I already explained the difference between them and OSM.  If I download the
 OSM database from the OSM website, that's one thing.  But how can I be bound
 by the terms of the OSM website if I download the database from some other
 website?

the data would contain a link to and notice about the license. if
someone obtains the database from OSM they must maintain the license
notice, as required by ODbL. therefore, if someone downloads if from
them, the license notice is intact and they implicitly agree to it as
soon as they are simultaneously aware of it and performing acts
governed by it.

this is very similar to how copyright licenses (e.g: GPL) work - you
don't have to click-though a license to get the source code. a notice
about the license is included in the source code. you implicitly agree
to the license as soon as you are simultaneously aware of it and
perform acts governed by it (redistribution of modified source code or
binaries). it's perfectly possible to obtain, modify, compile and
distribute a GPL'ed application without seeing the GPL itself once,
yet it still applies.

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 5:28 AM, Anthony o...@inbox.org wrote:
 On Sun, Dec 6, 2009 at 12:11 AM, Matt Amos zerebub...@gmail.com wrote:

 On Sun, Dec 6, 2009 at 4:53 AM, Anthony o...@inbox.org wrote:
  I don't know, I find it somewhat mind-boggling that a site like OSM
  would
  even consider resorting to browse-through license agreements in order
  to
  impose terms which go beyond that of copyright.  It's the exact oppose
  of
  what I'd expect from a site which calls itself open and free.

 i'm not sure i understand your point. OSM has a license which (tries
 to) impose requirements on the re-use of the data, but that's still
 open and free, right?

 CC-BY-SA doesn't try to impose any requirements which go beyond copyright
 law.

you keep saying this, but i still don't understand. CC BY-SA imposes
requirements *using* copyright law. ODbL imposes requirements *using*
database law and contract law.

 Agreeing to CC-BY-SA can only give me, as the licensee, *more* rights,
 not take any away.  Nothing in this license is intended to reduce, limit,
 or restrict any rights arising from fair use, first sale or other
 limitations on the exclusive rights of the copyright owner under copyright
 law or other applicable laws.  CC-BY-SA is a unilateral conditional waiver
 of rights.  ODbL, on the other hand, is a standard bilateral contract.

which still gives you *more* rights.

 we're talking about moving to another
 license with very similar requirements, but a different
 implementation, and that's not open and free anymore? it would
 really help me if i could understand your position.

 Creative Commons said it better than I can:

from my reading of creative commons comments they're saying something
very different from what you seem to be saying. but maybe i'm just
misunderstanding you.

[ note: i've excerpted those sections which i thought were relevant]
 The result is that the ODbL can in certain
 circumstances impose obligations and restrictions on users under a contract
 theory, rather than based on a protection afforded by statute, common law,
 or other recognized right.

indeed. this is kind of the point: the US and some other jurisdictions
don't yet have a database rights law, so to enforce similar
restrictions to CC BY-SA it's necessary to use some other method.

 Thus, it is not clear under the ODbL whether providers would have an
 independent breach of contract claim, in addition to an infringement claim,
 or even in the absence of an infringement claim, for any violations of the
 “license” (or alternatively, contract).

 This is important for several reasons. First, as discussed above, due to
 legal variations in copyright doctrines among different countries, as well
 as the availability of sui generis protection in some countries but not in
 others, there may be cases where an infringement claim is not available to a
 provider because no underlying property right exists. However, in such
 cases, could the provider seek to enforce a provision of the ODbL, such as
 the share-alike provision, under a contract theory instead?

i think that's the idea, yes.

 And if it could
 do so, would that constitute an extension of protection beyond the scope
 intended by existing statutory schemes? For example, could data or databases
 that fail to qualify for copyright protection under U.S. law due to lack of
 the requisite level of creativity nevertheless be made subject to the
 share-alike provision in the U.S. under a contract theory?

that's part of the point of ODbL, yes.

 Could this be
 applied to individual data elements that are not themselves
 copyrightable—such as sensor readings or basic facts and ideas?

no, the ODbL explicitly doesn't cover individual elements of the
database, covering the database as a whole (or substantial part)
instead.

 Could
 European sui generis database rights be enforced against a U.S. user on the
 basis of the existence of a contractual relationship created by the ODbL?

i don't really understand this question - the requirements of the ODbL
can be enforced against a US user on the basis of a contractual
relationship, but i don't think that equates to EU database rights.
the ODbL is the ODbL, not an extension of EU law.

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 5:37 AM, Stefan de Konink ste...@konink.de wrote:
 Matt Amos schreef:
 we're talking about moving to another
 license with very similar requirements, but a different
 implementation, and that's not open and free anymore? it would
 really help me if i could understand your position.

 Its honestly terribly simple. We get into a discussion over moving from
 a widely used `GPL2.0' like license that works for everyone, and best of
 all is compatible with everyone.

it does neither of the above. imagine a situation in which source code
were considered not to generate copyrights. any project licensed under
GPL2.0 would lose protection. this is the situation we're in:
copyright very probably doesn't apply to our database, yet the license
we're using is based entirely on copyright.

also, CC BY-SA isn't compatible with everyone. it's compatible with
PD, attribution-only and itself. the exact same is true of ODbL.

 Some folks here think that BSD style should be our target.

indeed. but wouldn't it be better to find a license which works first,
then discuss what an even better license might be?

 Now the stearing committee thinks that for better protection we should
 go for OSI-APPROVED-LICENSE-X; that nobody is compatible with yet and
 worse. If we were Linux, we would have to remove our cool exotic network
 card drivers just to facilitate this move. And worst of all, all the
 nice vendors we were just talking with that were moved to going open are
 now bound to a contract... that sounds so... formal?

well, such is the nature of legal documents :-(

although, maybe it's familiarity talking, but i find ODbL less formal
and easier to read than CC BY-SA's legal code.

 Until anyone can guarantee that every bit of CC-BY-SA could be used
 without problems in the new framework; I'm a skeptic. And basically
 think about the deletionism in Wikipedia. Or wasting capital in real life.

i'm afraid i can't dispel your skepticism, then. it's possible we
could just keep all the old CC BY-SA data, since the license governing
it doesn't work, but i think this would be too radical a step for the
OSMF board ;-)

our choices are basically the following:
1) continue to use a license which legal experts seem to agree doesn't
work for us.
2) move to a new license.

option (2) will likely mean that some data is lost and i don't think
option (1) is what people really want. which do you prefer?

cheers,

matt

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Re: [OSM-talk] [Osmf-talk] my views on the ODbL

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 5:57 AM, Anthony o...@inbox.org wrote:
 On Sun, Dec 6, 2009 at 12:23 AM, Matt Amos zerebub...@gmail.com wrote:
 therefore, if someone downloads if from
 them, the license notice is intact and they implicitly agree to it as
 soon as they are simultaneously aware of it and performing acts
 governed by it.

 By continuing to read this email, you agree to the following terms and
 conditions.  If you disagree, you must delete this email immediately.  Your
 continued reading indicates your acceptance

 Kind of like that?

except that by continuing to read i wasn't exercising any rights
governed by your license. ;-)

 this is very similar to how copyright licenses (e.g: GPL) work - you
 don't have to click-though a license to get the source code. a notice
 about the license is included in the source code. you implicitly agree
 to the license as soon as you are simultaneously aware of it and
 perform acts governed by it (redistribution of modified source code or
 binaries). it's perfectly possible to obtain, modify, compile and
 distribute a GPL'ed application without seeing the GPL itself once,
 yet it still applies.

 The GPL, like CC-BY-SA, is based on copyright law.  The GPL, like CC-BY-SA,
 is a unilateral conditional waiver of rights (you may do X, provided that
 you do Y).  The ODbL, on the other hand, is set up as a bilateral exchange
 of covenants (we promise X, you promise Y).  That is, in fact, the whole
 point of the ODbL.  It attempts to reach, through contract law, into
 jurisdictions where copyright law does not apply.

yes, that is the point of ODbL. but it attempts to reach where
database law doesn't apply.

cheers,

matt

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Re: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread Matt Amos
On Sun, Dec 6, 2009 at 6:13 AM, Anthony o...@inbox.org wrote:
 On Sun, Dec 6, 2009 at 12:47 AM, Matt Amos zerebub...@gmail.com wrote:

 CC BY-SA imposes requirements *using* copyright law.

 No it doesn't.  Copyright law imposes requirements.  CC-BY-SA provides a
 waiver to some of those requirements.

a conditional waiver - the conditions of which aren't imposed by copyright law.

  ODbL, on the other hand, is a standard bilateral contract.

 which still gives you *more* rights.

 What right does it give me which I didn't already have?

under the current license, in your jurisdiction, apparently none.

 from my reading of creative commons comments they're saying something
 very different from what you seem to be saying. but maybe i'm just
 misunderstanding you.

 I guess so, which is why I quoted them.

  The result is that the ODbL can in certain
  circumstances impose obligations and restrictions on users under a
  contract
  theory, rather than based on a protection afforded by statute, common
  law,
  or other recognized right.

 indeed. this is kind of the point: the US and some other jurisdictions
 don't yet have a database rights law, so to enforce similar
 restrictions to CC BY-SA it's necessary to use some other method.

 Okay, well, that's my point.  I don't want to have those restrictions
 imposed.

they're intended to be imposed. CC BY-SA doesn't work, but the
intention of the licensing is clear. did you look at the CC BY-SA
license and say, hey, these guys want me to share-alike, but i'm in a
jurisdiction where that's unenforceable, so i'll just take the data,
not attribute and give nothing back?

 Although, I don't see how they're similar restrictions to CC-BY-SA, since
 you agree that CC-BY-SA doesn't enforce those restrictions.

yes, i should have said similar restrictions to those that intended
by a choice of CC BY-SA, but sometimes i get bored of typing so much
;-)

 I live in the United States.  I can do whatever the heck I want with the OSM
 database.  Now you want me to agree to a contract limiting those rights.  So
 I'll ask again:  What's in it for me?

nothing directly. but maybe you'd like to respect the intentions of
those other contributors who agreed to a license that they thought
would ensure that you can't do whatever the heck you want without
attributing and sharing-alike?

cheers,

matt

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Re: [OSM-legal-talk] Fwd: question about commercial use. import of data in OSM format

2009-12-04 Thread Matt Amos
On Fri, Dec 4, 2009 at 10:36 AM, Jukka Rahkonen
jukka.rahko...@mmmtike.fi wrote:
 Iván Sánchez Ortega i...@... writes:


   From: paul everett tap...@...

   What happens if the user imports an OSM file and I convert it to a
   virtual city model ?

 Then the city model has to be licensed the same way as the OSM data. At
 least, that is the current interpretation of the license.

 But if the data will be moved under ODbL next spring then the city model will
 perhaps be interpreted to be a Produced work and it could be licensed in any 
 way
 you want.  In that case you will need to make the database you have used for
 producing city models available under ODbl. It may mean that you must publish
 the procedure you are using for converting data from OSM format to some 
 interim
 format that your city modeler component is using. If that is the piece of
 intelligence you are using for earning your living, be careful.

i don't think anywhere in the ODbL it says that. if you distribute a
produced work based on a derived database then you have to distribute
the derived database. it was suggested that, in addition to the named
methods of a) distributing a full dump or b) distributing a diff
between the derived and original, a third method be added which is
publishing the procedure.

this *doesn't* mean that anyone has to open their source code or their
secret procedures, just that they're limiting their options for
distributing derived databases to either full dumps or diffs. ODbL
might be a viral license, but it's only viral to data, never software.

cheers,

matt

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Re: [OSM-legal-talk] [OSM-talk] cloudmade maps copyright terms and conditions

2009-12-01 Thread Matt Amos
On Tue, Dec 1, 2009 at 3:54 PM, Anthony o...@inbox.org wrote:
 On Tue, Dec 1, 2009 at 7:01 AM, Roy Wallace waldo000...@gmail.com wrote:
 On Tue, Dec 1, 2009 at 9:41 PM, Martin Koppenhoefer
 dieterdre...@gmail.com wrote:

 If I have data derived from OSM data, do I have to distribute it? The
 licence does not force you to distribute or make any data available. But if
 you do choose to distribute it, or anything derived from it, it must be
 under the same licence terms as the OSM data.

 I read this like cloudmade could use their maps for their own purposes
 without redistributing it, or they have to put their maps under cc-by-sa 2.0
 as well. Or did I misunderstand something?

 Well...does showing a map on a website mean you are distributing it?

 That's somewhat disputed in the US.  If you're not distributing it,
 then you're publicly displaying it.  But most courts have said it's
 distribution, despite the fact that people arguing for public
 display have a better legal argument :).

 CC-BY-SA doesn't seem to have any provision for public display of
 modified versions.  Which I suppose technically means you're not
 allowed to do it at all.

doesn't it?

section 4b: You may distribute, **publicly display**, publicly
perform, or publicly digitally perform a Derivative Work only under
the terms of this License, ... (emphasis mine)

i don't see what the fuss is about - cloudmade's tiles are CC BY-SA,
cloudmade's site isn't. you can redistribute a screenshot containing
only tiles under CC BY-SA. you can't distribute a screenshot of the
whole site, as that would contain non-CC BY-SA stuff. although i'm
sure if you asked nicely, cloudmade wouldn't mind.

as richardf pointed out, the legalese could be clearer. but to me it's
already clear enough.

cheers,

matt

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Re: [OSM-legal-talk] Extent of share alike?

2009-11-03 Thread Matt Amos
On Tue, Nov 3, 2009 at 5:48 AM, David Vaarwerk da...@mineraldata.com.au wrote:
 Thanks for your all the responses, they do help.

 I think keeping the map and the business data separate with a double
 license is the best solution as suggested.

 So I will have a map with only OSM data, obviously anything I put in will
 become
 CC. I am happy to share the geographic location (lat. long.) of all
 businesses
 if OSM wants or can take this info (the obvious problem is space on the
 map
 and that businesses are constantly moving - updating becomes an issue).

 To keep things separate on another web page within the site I will serve
 from a
 separate database business information (phone number, website, service
 etc)
 that will have no geographic location information in it. The only overlap
 will be a business name. As far as I can see OSM doesn't record the street
 address
 of cafe's etc only their location.

street addresses of any feature can be recorded in OSM. see the
karlsruhe schema [1] for more information and [2] for an example of it
in use.

cheers,

matt

[1] 
http://wiki.openstreetmap.org/wiki/Proposed_features/House_numbers/Karlsruhe_Schema
[2] http://osm.org/go/euutR1zjR--

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Re: [OSM-legal-talk] Extent of share alike?

2009-11-02 Thread Matt Amos
On 11/2/09, David Vaarwerk da...@mineraldata.com.au wrote:
 I have made a map and business guide from scratch that you can
 see here http://www.mineraldata.com.au/wp/index.html [1]. I would like to
 share the map data with OSM and use OSM as a base map for this and other
 maps/ business guides - I assume there is no problem with this as long as I
 attribute the work.

wow. that looks awesome!

 However, my question is, how far does the share alike
 section of the Creative Commons licence go. I want to share the map data
 with OSM but not the other sections of the work.

this lack of clarity is one of the problems with the CC BY-SA license.
the short answer is: i'm not sure. the longer answer is: the image you
render to the screen must be CC BY-SA licensed, and therefore allow
people to do all the things they can do with a CC BY-SA work. but you
may have other rights in your data depending on your jurisdiction.
whether you can use these to prevent sharing of the business directory
is a question for a Real Lawyer.

 Is someone able to clarify this? Can
 I just share the map data?

actually, you don't have to share the map data. CC BY-SA considers
only the published work, which in your case is the image that the
flash app renders to the screen. only that work needs to be CC BY-SA,
although we obviously welcome sharing more!

for a (maybe) definitive answer, you might want to contact a lawyer.
it's a hassle, but they're the only people who can give you real legal
advice.

cheers,

matt

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Re: [OSM-talk] Illegal activity

2009-10-29 Thread Matt Amos
On Thu, Oct 29, 2009 at 9:48 AM, Dave Stubbs osm.l...@randomjunk.co.uk wrote:
 On Thu, Oct 29, 2009 at 7:50 AM, Valent Turkovic
 valent.turko...@gmail.com wrote:
 On Wed, 28 Oct 2009 19:29:37 -0500, Ian Dees wrote:

 Although it may/may not be illegal, it is definitely a breach of
 contract.

 Sorry for misleading title, but I still don't understand how this can be
 permitted.



 It isn't permitted. Don't let the posts here arguing the details of
 whether it should be permitted confuse anything.
 OSM has one simple rule: if in doubt, don't.

 A lot of people think it's probably OK, but but Google aren't exactly
 unambiguous on the issue and there are certainly enough people around
 claiming rights that it leaves reasonable doubt unless the provider
 tells you explicitly that it's OK. Or in brief: don't use Google for
 OSM.

+1

let's keep talking to Google (Ed/Leslie/whoever). but until we get
something explicit and public and non-fuzzy (and preferably in
writing) then it's still in doubt - please don't use Google for OSM.

cheers,

matt

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 11:20 AM, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:

you'd happily support distributing the data under a license which is
not likely to protect it?

 I happily support the status quo, where map data is freely available
 under CC share-alike terms, and I see no evidence of evil mapmakers copying
 it with impunity.

absence of evidence isn't evidence of absence, and so forth ;-)

I think he's asking for evidence of not likely.

that can be found in the why cc by-sa is unsuitable document. i went
into the first point at length, referencing some legal precedents
(mostly in the US). i've had several people look over and check the
document, including lawyers, so i'm fairly sure that the reasoning
isn't wrong.

 The legal theory sounds reasonable as far as it goes, but there is little
 evidence that there is any problem in practice.

so it makes sense to move to ODbL - then there's a sound theory as
well as no problems in practice.

 Has any lawyer in fact said to you: as things stand, it is quite possible to
 copy OSM data in the United States, redistribute it under any restrictive
 licence you want, with nothing that the OSM contributors can do about it;
 and I would give this legal advice to my clients.

 In my view this is very far from being the case.

of course not - lawyers don't talk like that. lawyers have actually
said to me; CC BY-SA isn't a strong license for factual data. it
would be difficult to defend in the US and other jurisdictions where
copyright doesn't cover factual data.

from looking at the case law, both RichardF and i have come to the
conclusion that CC BY-SA just doesn't work for OSM, and that ODbL is
better (fsvo better). the science commons people also looked at CC
licenses for non-creative data [1] and came to the conclusion that:

Many databases, however, contain factual information that may have
taken a great deal of effort to gather, such as the results of a
series of complicated and creative experiments. Nonetheless, that
information is not protected by copyright and cannot be licensed under
the terms of a Creative Commons license.

so, no - no lawyer has ever given me a statement as strongly-worded as
i'd advise my clients to take OSM data and re-license it, presumably
because there is some risk that we could sue in NL or BE or something
like that. on the other hand, from a defensibility point-of-view, OSMF
can't possibly enforce all its rights in dutch and belgian courts -
many license violators will have no assets or presence in the EU.

if we carry on licensing CC BY-SA we may get to the state where CC
BY-SA is challenged. if the challenge is in the US, i think there's a
good chance of OSMF losing, in which case we would have to scramble to
get a new license in place. the way i see it, there are two options:
1) decide that licensing is more trouble than it's worth and PD the
lot (since that would be more-or-less the effect of losing a challenge
in the US anyway),
2) move to a more defensible license before CC BY-SA is challenged.

cheers,

matt

[1] http://sciencecommons.org/resources/faq/databases/#canicc

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:19 PM, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:
Dr Evil doesn't need an unlimited legal budget - he just needs to live
in a country where non-creative data isn't copyrightable.

 ...and in a country where it is crystal clear that the OSM data is
 'non-creative'.  That point is far from obvious to me.

it's crystal clear to me: OSM data represents what exists on the
ground - it represents facts. the US definition of creativity is
(paraphrasing) that two independent people doing the same thing come
up with different outputs, each expressing individual creativity. i'd
argue that if two OSM mappers mapped the same features over the same
area then the output wouldn't differ significantly (i.e: by more than
the tolerance of the GPS/aerial imagery/etc...). therefore OSM data is
unlikely to be considered creative.

 Even in the USA there is certainly enough meat in OSM for a straightforward
 copyright infringement case, IMHO.  If it were a collection of pure facts
 with no expressive content and no scope for imagination or judgement then
 I would agree that trying to enforce share-alike with CC-BY-SA is problematic.

i don't agree.

if we just wanted to give maps away for free then we'd PD it. if we
want stronger copyleft than that, then we have to start thinking about
enforcing those copylefts.

 Yes.  But if enforcement comes at a cost, you must trade off how much
 legal weaponry you want against the disadvantages of a more complex or
 (in some ways) more restrictive licence.  I lock the door of my house,
 but it is not a worthwhile tradeoff for me to install barbed wire fencing,
 searchlights or a moat.  Even though there is a theoretical possibility
 someone could break in, the deterrent of a locked door is sufficient in
 practice.  Even though the fact that something hasn't happened in the past
 does not guarantee it won't happen, I can use the past few years of
 experience as some justification for saying the current deterrent is enough.

from discussions with lawyers and reading background case law, i'd say
that CC BY-SA for OSM data is like leaving your front door wide open
and a sign saying there may or may not be a vicious dog, no-one has
found out yet.

 The question to ask is not 'is our legal framework absolutely watertight
 in smacking down anyone, anywhere in the world, who violates the licence'
 but rather 'is it a strong enough deterrent in practice to make sure that
 share-alike principles are followed and promote free map data'?

no legal framework is ever absolutely watertight. ODbL isn't
watertight. CC BY-SA is a sieve.

if we carry on licensing CC BY-SA we may get to the state where CC
BY-SA is challenged. if the challenge is in the US, i think there's a
good chance of OSMF losing,

Would that be such a disaster?  If such a precedent were set, then any
factual data derived from OSM would also be in the public domain in that
country,

PD isn't viral - any factual data derived from OSM might well be
protected by other IP rights (e.g: database rights) reserved by the
deriver.

 In the particular case of the US, there is no database right.

fine, then privacy or publicity rights, trademark rights, patent
rights, or any other IP. the rights aren't important - what's
important is that a failure of CC BY-SA is a failure of share-alike.

additionally, there's the difference between what CC BY-SA requires
you to share and what ODbL requires you to share. sure, CC BY-SA might
keep the tiles in the free domain, but it doesn't keep the data in
the free domain.

 This depends on what exclusionary rights OSMF and the contributors have
 over the data, which is what we are discussing.

 If the data is subject to copyright then yes, CC-BY-SA does keep it free.
 If copyright does not apply and there is no database right to consider,
 then CC-BY-SA does not work, but I doubt that any other licence would.
 You can try making a contract or EULA as the ODBL does, but that is flaky;
 if the data is truly in the public domain, then courts are unlikely to
 accept that adding any amount of legal boilerplate will change that.

flaky is better than nothing. CC BY-SA doesn't work and database
rights aren't widespread. that doesn't leave much to work with.

 If you take a very sceptical, pessimistic view of CC-BY-SA's effectiveness
 and enforceability, you should do the same for ODBL.  I don't think that
 is always the case here.

yes, let's do the analysis:

CC BY-SA in NL, BE: databases are copyrightable, making the ported
license strong. the non-ported less so, but the fundamental
protections are still there.

ODbL in NL, BE: EU database directive makes the license strong.

CC BY-SA in wider EU: copyright provisions vary - some countries would
follow the creativity model, others would respect the sweat of the
brow and give some protection.

ODbL in wider EU: database directive makes the license strong.

CC BY-SA in other countries: copyright provisions vary - some

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:47 PM, Ed Avis e...@waniasset.com wrote:
 Remember, though, that there are huge transaction costs associated with any
 licence switch.  Even if you agree that CC-BY-SA is less than ideal, it might
 be better than deleting big chunks out of the database and alienating parts
 of the contributor base.  It might also undermine expectations of the
 project's stability.  After all if we go through one big data deletion
 and relicensing, what's to stop it happening again later?

CC BY-SA is certainly less than ideal - it doesn't protect those
copyleft principles in large parts of the world.

there has been some FUD about these deletions of data. let me say it
here: no data will be deleted. if the re-licensing goes ahead then all
of the data that everyone has contributed would be made available
through dumps. we could not retrospectively re-license old planet
files and dumps, so these would continue to be available. the
CC-licensed data would not be deleted. but, of course, it couldn't
appear in the ODbL-licensed dumps.

PD is easy to understand, provides maximum usefulness
of our data in all possible circumstances, and requires absolutely zero
man-hours of work tracking down violators; creates no community
friction because over-eager license vigilantes have to be reined in;
poses no risk of seducing OSMF to spend lots of money on lawyers; allows
us to concentrate on or core competencies.

 Agreed.  There is certainly a risk of the project being captured by lawyers
 or, worse, overenthusiastic amateurs, and getting sidetracked into enforcing
 rights rather than forwarding its goal of free map data.  That is one reason
 why I think a simpler, less armed-to-the-teeth licence may in the end be
 a good thing.

agreed. we at the LWG have been working very hard to produce the
license that we think the majority of OSM contributors want. a large
amount of previous discussion on this and the talk MLs has suggested
that share-alike is a much-requested feature*, so we've been working
to that goal as best we can. your suggestion that we're
overenthusiastic amateurs, sidetracking the project is deeply
insulting.

let's say, for a moment, that CC BY-SA definitely doesn't work and
isn't an option. what would you do? if you'd move to a new license,
which license?

cheers,

matt

*: it may be that it's only requested by the vociferous minority, but
until someone does a rigorous poll of a significant portion of the OSM
contributors, it's the only evidence we have.

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 2:54 PM, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:
we at the LWG have been working very hard to produce the
license that we think the majority of OSM contributors want. a large
amount of previous discussion on this and the talk MLs has suggested
that share-alike is a much-requested feature*, so we've been working
to that goal as best we can. your suggestion that we're
overenthusiastic amateurs, sidetracking the project is deeply
insulting.

 Sorry.  I would like to withdraw that remark.  It is clear that everyone
 working on licence issues has the best interests of the project at heart.

thank you. we all want a license which is clear, elegant,
understandable and bulletproof. of course, this isn't possible, but we
want to get as close as we can to that ideal.

let's say, for a moment, that CC BY-SA definitely doesn't work and
isn't an option. what would you do? if you'd move to a new license,
which license?

 Assuming, then, that a licence change is required (along with 'deleting'
 data from people who don't agree, etc).

 I would prefer one which is CC-compatible, so public domain would work,
 or some permissive licence such as CC0.

which bits need to be CC-compatible? any produced work, i.e: tiles,
can be released under CC BY-SA with the ODbL, allowing maps to be
included in any CC-licensed work or site. does the database itself
need to be CC-compatible?

 However, if it is not possible to have both CC-compatible and share-alike
 properties at the same time, which is what you are suggesting, and if
 share-alike is considered the more important of the two, then I would
 choose a licence which tries to enforce share-alike through copyright and
 database right.

the ODbL does this.

 In a country where neither copyright nor database right
 exists for map data, good luck to them - obviously they've realized the
 value of free map data, which is what OSM has been promoting all along.
 I would not choose a licence which purports to make a contract, or which
 would require click-through agreement before downloading planet files.

actually, there's no reason for a click-through to download data.
we've discussed this with lawyers and, although it further reduces the
enforceability of the license, we don't want to put barriers in the
way of people using the data.

the current suggestion is to put the license as a link in the header
of the file and display the license prominently anywhere that data can
be downloaded, just as is the case with CC BY-SA. anyone reading the
file, or writing software to manipulate it, would have to be aware of
the existence of this link (and of the format of the file) and
therefore be aware of the license and their obligations with respect
to it. i totally agree it's weaker than a click-through, but it's more
practical and better than not having anything.

 In general, the ideal licence would not need to be fully watertight in
 all jurisdictions, but only strong enough to provide a good deterrent
 in practice for most individuals and companies.

indeed. but until there's a near-global consensus on database rights
(as the Berne convention does for copyrights) we don't have that
option.

cheers,

matt

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 3:24 PM, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:

let's say, for a moment, that CC BY-SA definitely doesn't work and
isn't an option. what would you do? if you'd move to a new license,
which license?

I would prefer one which is CC-compatible,

which bits need to be CC-compatible? any produced work, i.e: tiles,
can be released under CC BY-SA with the ODbL, allowing maps to be
included in any CC-licensed work or site. does the database itself
need to be CC-compatible?

 In my ideal ponies world the database itself would be CC-compatible, so
 people could generate excerpts ('list of all pubs in Swindon') and include
 that in CC works.

would the list of all pubs in Swindon be a database, or a produced
work? if it's included, formatted as a table perhaps, in a web page it
might be more appropriate to consider it a produced work. although, if
alphabetically ordered, it might meet the definition of a database...

for reference, the definition of a database in ODbL is:

A collection of material (the Contents) arranged in a systematic or
methodical way and individually accessible by electronic or other
means offered under the terms of this License.

 That is good.  To return to ponies for a moment, my licence would also
 be quite clear that 'You do not have to accept this licence, since you
 have not signed it.'  So if there is no underlying legal reason why you
 can't distribute the data, you are not required to accept any contract.

that would basically mean the license would be equivalent to PD/CC0 in
the US (where there are no database rights or copyrights on factual
data), wouldn't it? which would mean the share-alike parts only apply
in the EU?

cheers,

matt

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:

let's assume some data are taken and modified and used to generate
tiles. the ODbL would require that the modified data are made
available, regardless of the license of the tiles. if the data were
effectively-PD then there would be no requirement to make the modified
data available (although i guess it would be allowable to trace the
tiles, subject to the ToS of the site). likewise, CC BY-SA requires
that the tiles are CC BY-SA, but requires nothing regarding the
redistribution of the data.

 You're right.  In a way this is like the source code requirement of
 copyleft licences for computer software.  So it's one case where
 the ODBL gives a stronger share-alike than CC-BY-SA.  (I would check,
 however, that this isn't going to slow the uptake of OSM by sites which
 want to draw their own maps showing houses for sale, etc.  They would
 not be happy having to publish that additional data because it could
 be considered a Derived Database under the ODBL.)

we had a long thread on this a couple of weeks ago (ODbL virality
questions) from which i think the consensus was that linking OSM data
with data from independent sources creates a collective database,
rather than a single derivative database. this is permissive enough to
allow 3rd parties to use OSM data in their sites whilst still
protecting the OSM data. in this respect it's like the LGPL more than
the GPL.

cheers,

matt

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote:
 Matt Amos zerebub...@... writes:

these sites are in non-compliance with the license
http://wiki.openstreetmap.org/wiki/Lacking_proper_attribution

 Would switching to ODBL (or any licence) solve this particular problem?

quite possibly, since ODbL or PD would allow the tiles to be licensed
in whichever way the renderer / cartographer sees fit. but certainly
the ODbL makes the discussions of data licensing and produced work
licensing orthogonal.

as a thought experiment, what would happen if i took the latest planet
and put it up on my server (let's assume that both i and my server are
in the US) with a PD license?

 So what then?  One of the copyright holders would have to sue. [...]

 Even if the case is not cut and dried, there is certainly enough here to
 keep the lawyers busy for a while.  Which, IMHO, is a strong enough
 deterrent
 for anyone thinking of misusing the data.  Consider how much time and money
 the SCO - Linux case has taken up so far, on a far flimsier basis.

 One thing which weakens the case is that there is not a single copyright
 holder.  Certainly copyright assignment to a single entity such as the
 OSMF would make it easier to sue.

which of the contributors out there has the funds to hire a lawyer in the US?

copyright assignment has been discussed before, but i remember there
were a lot of objections. it seems that copyright assignment wasn't
very popular, despite that being the solution that the FSF have chosen
for their software.

 (As discussed earlier, even if the USA declines to recognize any copyright
 interest in OSM data, there are other jurisdictions, and few US companies
 would want to use data they had to keep strictly within the USA's borders
 or risk a lawsuit.  I just don't believe it would happen.)

if you're suing an individual then you pretty much have to sue in the
jurisdiction where that individual lives. large companies are easier,
because they operate in several jurisdictions. i agree it's unlikely
to happen, but it's better to have a more defensible legal position in
case it does.

i think we're agreed that all licenses have flaws. the sticking point
seems to be that i'm of the opinion that CC's flaws are so great that
the hassle of moving to a better license is the lesser evil. you
appear to be of the opinion that the hassle is greater than any
potential benefits. is that an accurate statement?

 That is fair; I might even go so far to say that with 50k contributors,
 a licence change is 'totally unworkable' and 'not an option', to borrow some
 of the phrases used earlier.  However I would like to be pleasantly
 surprised about this.

yep. i'd say that a license change is difficult, but that the
alternative is worse; continuing with a license which can be described
using those same phrases ;-)

cheers,

matt

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Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Erik Johansson erjo...@gmail.com wrote:
 On Wed, Oct 28, 2009 at 9:08 PM, Matt Amos zerebub...@gmail.com wrote:
 we had a long thread on this a couple of weeks ago (ODbL virality
 questions) from which i think the consensus was that linking OSM data
 with data from independent sources creates a collective database,
 rather than a single derivative database.

 No that was what The PD/Fairhurst Doctrine states. ODBL seems to mean
 that we loose almost everything that is share-alike with the current
 license if we don't interpret the collective database loop hole a lot
 harder than what The PD Doctrine does.

the Fairhurst doctrine was an interpretation of the ODbL - in my
opinion it's the best interpretation and doesn't create any loopholes.

cheers,

matt

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Re: [OSM-legal-talk] Question regarding commercial use

2009-10-27 Thread Matt Amos
On Mon, Oct 26, 2009 at 5:11 PM, Sven Benhaupt
sven.benha...@googlemail.com wrote:
 2009/10/26 Frederik Ramm frede...@remote.org

 Thanks a lot for your quick answer, this was very helpful for me.

  If so - would it also be legally ok if I would create a print map
 Yes, but the printed map is not a collective work any more; at least
 under CC-BY-SA the printed map would have to be licensed CC-BY-SA,
 *including* the depicted vehicle routes/positions. OSM has no problem
 with that, and your delivery company probably hasn't either (remember,
 CC-BY-SA does not mean you have to put it up on a web site or something,
 just that anyone who legally gets hold of such a printout may do
 whatever he or she likes with it).

 Ok, this is also what I understood. But as far as I'm informed the OSM
 project will change it's licensing soon (ODbl) - will it then still be legal
 to use the OSM data the way we want to use it?

yes. if the change to ODbL goes through it is likely that the OSM
tiles will remain CC BY-SA, or possibly move to a less restrictive
license. in either case, what you are proposing will still be legal -
and i think we want it to always stay that way.

cheers,

matt

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