Re: [OSM-legal-talk] [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Simon Ward
On Tue, Dec 21, 2010 at 01:00:26PM +, Simon Ward wrote:
 On Mon, Dec 20, 2010 at 11:52:04AM +, DavidD wrote:
  On 20 December 2010 10:25, Simone Cortesi sim...@cortesi.com wrote:
   On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
   I must admit, however, that basically handing the keys to the OSMF,
 […]
   this is no way different from GPL released software:
   http://www.gnu.org/licenses/why-assign.html
  
  Reading the link it looks like a very different situation.
 
 It’s different.

The FSF requires you assign copyright to them (for their projects), and
promises that they will make it free software (so you have the rights
given by the free software licence used) and on request they will grant
you back the non‐exclusive rights to do whatever you see fit with the
software.

This makes it easier for them to enforce copyright because they are now
the copyright holders.  It also allows them to re‐license, but they have
promised by contractual agreement to release the software with only a
licence that gives the freedoms that the organisation is founded on (by
explicitly stating them, not by stating “a free software licence” or
similar).

OSMF is asking you to grant them non‐exclusive rights, essentially to do
as they see fit, but you remain the copyright holder (where there is any
copyright).  I’m unclear on how copyright can be enforced in this
situation, but the CTs also include a grant to sue for infringement.

  The OSMF clearly are not using the CT for the same reasons the FSF
  require copyright assignment.
 
 To OSMF it seems to be largely a vehicle to prevent them from being able
 to change the licence.

I of course meant “it seems to be largely a vehicle to allow them to
change the licence”, d’oh!

From reading the lists, and OSMF minutes, this is the impression I get.
Copyright enforcement, while included in the CTs, is secondary.  Much of
the discussion has revolved around the need for the ability to re‐
license, although that may be because it is one of the most contested
parts of the CTs.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Simon Ward
On Mon, Dec 20, 2010 at 11:25:05AM +0100, Simone Cortesi wrote:
 On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
  I must admit, however, that basically handing the keys to the OSMF,
  which is what the new CT's amount to, is not filling me with joy
  considering their track record to date. I'm willing to do a certain
  amount of work to make sure the data I've provided over the years
  isn't lost, but if they jerk me around too much or make it too hard
  I'll just write it off as a loss and spend my free time somewhere it's
  appreciated.
 
 this is no way different from GPL released software:
 http://www.gnu.org/licenses/why-assign.html

That’s not a requirement for using the GPL to license software.  That
article talks about why they think copyright assignment is a good idea
(but not any cons), and that it is required for projects under the
umbrella of the FSF, such as the GNU Project.

Simon
-- 
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simple system that works.—John Gall


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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Simon Ward
[Also posted to legal-talk, I suggest follow-ups go there.]

In short…

On Mon, Dec 20, 2010 at 11:52:04AM +, DavidD wrote:
 On 20 December 2010 10:25, Simone Cortesi sim...@cortesi.com wrote:
  On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
  I must admit, however, that basically handing the keys to the OSMF,
[…]
  this is no way different from GPL released software:
  http://www.gnu.org/licenses/why-assign.html
 
 Reading the link it looks like a very different situation.

It’s different.

 The OSMF clearly are not using the CT for the same reasons the FSF
 require copyright assignment.

To OSMF it seems to be largely a vehicle to prevent them from being able
to change the licence.

Simon
-- 
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simple system that works.—John Gall


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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Richard Fairhurst

David Murn wrote:
 So, can you tell from every edit you did, whether you used nearmap as 
 a reference while doing the edit?  If so, you must be one of the very
 small percentage of people who tagged 100% every change they made

or one of the very large percentage of people not from Australia.

Richard


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Re: [OSM-legal-talk] [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Francis Davey
On 21 December 2010 13:33, Simon Ward si...@bleah.co.uk wrote:

 OSMF is asking you to grant them non‐exclusive rights, essentially to do
 as they see fit, but you remain the copyright holder (where there is any
 copyright).  I’m unclear on how copyright can be enforced in this
 situation, but the CTs also include a grant to sue for infringement.

A non-exclusive licensee may, in some circumstances, be able to sue
for copyright infringement.

-- 
Francis Davey

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Stephen Hope
On 21 December 2010 09:52, David Murn da...@incanberra.com.au wrote:
 So, can you tell from every edit you did, whether you used nearmap as a
 reference while doing the edit?  If so, you must be one of the very
 small percentage of people who tagged 100% every change they made,
 including even just shifting a node or realigning a single node on a
 way.

I do mark my changesets (not each node or way changed, necessarily)
with the sources I used while editing them.

And even if I find one unmarked, I can tell whether it was possible
for me to have used it, yes.  Many of my edits were either before
nearmap imagery was available for an area, or where they still don't
have any, or overseas.  They only cover a small percentage of
Australia, even now, and I've done some overseas editing as well..
Nearmap is not the only source I've used which is no longer
compatible, but I do know what I used, and where.

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Stephen Hope
On 20 December 2010 12:53, David Murn da...@incanberra.com.au wrote:
 Because of the impossibility to be able to distinguish whats what, any
 user who has ever made a change in this situation will have to have all
 their edits removed from the system, to avoid any possibility that one
 edit might infringe the rights of another source.

Well, no actually.  In my case I've been around doing this for long
enough that a lot of my work was from before nearmap showed up.  And
even after then, I've kept a good record of what I did with and
without them, in the changeset notes, and also because I know where
I've been, and what I did while editing those areas.  If I'm unsure,
I'd throw it away, but I've got a lot of good data I'd like to keep.

I must admit, however, that basically handing the keys to the OSMF,
which is what the new CT's amount to, is not filling me with joy
considering their track record to date. I'm willing to do a certain
amount of work to make sure the data I've provided over the years
isn't lost, but if they jerk me around too much or make it too hard
I'll just write it off as a loss and spend my free time somewhere it's
appreciated.


Stephen

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Simone Cortesi
On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
 I must admit, however, that basically handing the keys to the OSMF,
 which is what the new CT's amount to, is not filling me with joy
 considering their track record to date. I'm willing to do a certain
 amount of work to make sure the data I've provided over the years
 isn't lost, but if they jerk me around too much or make it too hard
 I'll just write it off as a loss and spend my free time somewhere it's
 appreciated.

this is no way different from GPL released software:
http://www.gnu.org/licenses/why-assign.html

-- 
-S

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Elizabeth Dodd
On Mon, 20 Dec 2010 11:25:05 +0100
Simone Cortesi sim...@cortesi.com wrote:

 On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
  I must admit, however, that basically handing the keys to the OSMF,
  which is what the new CT's amount to, is not filling me with joy
  considering their track record to date. I'm willing to do a certain
  amount of work to make sure the data I've provided over the years
  isn't lost, but if they jerk me around too much or make it too hard
  I'll just write it off as a loss and spend my free time somewhere
  it's appreciated.
 
 this is no way different from GPL released software:
 http://www.gnu.org/licenses/why-assign.html
 

GPL may be either way - all code contributed to a project is
copyrighted to the project, or copyright remaining with the author.
Just to check the Linux Kernel where both types are represented
http://www.kernel.org/legal.html
Copyright 1997-2007 The Linux Kernel Organization, Inc.

Distributed software is copyrighted by their respective contributors
and are distributed under their own individual licenses.

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Robert Kaiser

Fabio Alessandro Locati schrieb:

On Sat, Dec 18, 2010 at 9:21 PM, Robert Kaiserka...@kairo.at  wrote:

Hmm, is Austria not in Europe any more? Or possibly some problem with your
script that there is no entry for it?

Sorry, forgot to do it. Now I'm extracting Austria and soon will be present :)


Thanks very much! :)

Robert Kaiser


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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread DavidD
On 20 December 2010 10:25, Simone Cortesi sim...@cortesi.com wrote:
 On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote:
 I must admit, however, that basically handing the keys to the OSMF,
 which is what the new CT's amount to, is not filling me with joy
 considering their track record to date. I'm willing to do a certain
 amount of work to make sure the data I've provided over the years
 isn't lost, but if they jerk me around too much or make it too hard
 I'll just write it off as a loss and spend my free time somewhere it's
 appreciated.

 this is no way different from GPL released software:
 http://www.gnu.org/licenses/why-assign.html

Reading the link it looks like a very different situation. The FSF
want copyright assignment because it makes the legal process of
copyright enforcement more effective and efficient.

The CT don't even result in copyright assignment to the OSMF do they?
So how is this in no way different? The OSMF clearly are not using the
CT for the same reasons the FSF require copyright assignment.

It's probably also worth noting that the majority of GPL projects do
not assign copyright to the FSF or require copyright assignment at
all. It makes contributors uncomfortable and makes it much more
difficult to share code between different projects.

-- 
DavidD

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Fabio Alessandro Locati
I'll only answer the technical part: no, the tool doe consider all the
edits of a person in the same way (based on their presence in the list
published hourly by the OSMF) ;)

PS: Austria is now proccessing correctly ;)
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Home: Segrate, Milan, Italy (GMT +1)
Phone: +39-328-3799681
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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread Stephen Hope
On 20 December 2010 20:25, Simone Cortesi sim...@cortesi.com wrote:
 this is no way different from GPL released software:
 http://www.gnu.org/licenses/why-assign.html

Actually, it's quite different.  The FSF tell you upfront what the
requirements are.  The OSMF let you spend years working on the
project, then change their minds.  Then they tell you that because
you've done part of your work in a (now incompatible) licence, all
your work must go. Then they say, no, we'll let you split it up, but
that seems to have gone away again. It's not the end result I object
to, it's the mushroom treatment.


Stephen

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-20 Thread David Murn
On Mon, 2010-12-20 at 19:00 +1000, Stephen Hope wrote:
 On 20 December 2010 12:53, David Murn da...@incanberra.com.au wrote:
  Because of the impossibility to be able to distinguish whats what, any
  user who has ever made a change in this situation will have to have all
  their edits removed from the system, to avoid any possibility that one
  edit might infringe the rights of another source.
 
 Well, no actually.  In my case I've been around doing this for long
 enough that a lot of my work was from before nearmap showed up.  And
 even after then, I've kept a good record of what I did with and
 without them, in the changeset notes, and also because I know where
 I've been, and what I did while editing those areas.  If I'm unsure,
 I'd throw it away, but I've got a lot of good data I'd like to keep.

So, can you tell from every edit you did, whether you used nearmap as a
reference while doing the edit?  If so, you must be one of the very
small percentage of people who tagged 100% every change they made,
including even just shifting a node or realigning a single node on a
way.  Also as I said, its fine knowing where youve been, I know where
Ive been too, from my GPS traces.  However, when I used GPS traces, I
then used nearmap imagery often to improve the accuracy of my mapping,
so even data i have GPX traces of, I cant be sure whether or not I have
improved the accuracy of it with other sources.

This means that if you have even one single node moved in your edits,
based on a nearmap image (unless you can find exactly what node that is
and exclude it) you dont have the right to relicence 100% of your
contributions.  This is my problem.  Sure, I can say all edits before
nearmap became available can be relicenced, but like many others, the
fact that Ive used a source like this, means I would be in breach of my
licence to NearMap if I agreed to the CTs.  As OSM and OSMF have no
direct care or concern with whether I breach my agreement with a 3rd
party, they have no interest in protecting nearmaps rights or the rights
of any other group who have shared CC-BY-SA data with the project.

David


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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-19 Thread Fabio Alessandro Locati
On Sat, Dec 18, 2010 at 9:21 PM, Robert Kaiser ka...@kairo.at wrote:
 Hmm, is Austria not in Europe any more? Or possibly some problem with your
 script that there is no entry for it?
Sorry, forgot to do it. Now I'm extracting Austria and soon will be present :)
 Robert Kaiser
Fabio Locati
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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-19 Thread Stephen Hope
Fabio,

I cannot sign every edit I've ever done over, because I don't have the
rights to do so.  I can OK many of them, however, that were based
purely on my own work, and not CC-BY-SA sources.  There was some talk
of a tool being made available that would let me specify which were OK
by changeset.  Does your tool take this into account?

Does anybody know if that tool has even been made?  If I'm supposed to
go through every changeset I've ever done and sort them out before
March, I'll need to start soon.


Stephen

On 18 December 2010 19:36, Fabio Alessandro Locati
fabioloc...@gmail.com wrote:
 Hi guys :),
 I've written a tool to check the amount of object versions available
 for relicensing.
 You can find the data here: http://repo.grimp.eu/osm .
 At the moment, only Europe is there, but I have a couple of computers
 working while I'm writing to make available all the other countries
 too ;).
 Each nation is in it's continent folder, and has two files '_status'
 and '_not_accepted'.
 The first one is a quick summary of the actual situation of that
 country, while the second is an ordered list (based on the versions
 they own) of the people who have not already agreed with CT/ODbL.
 You can find the same two files for each continent too ;).

 PS: There are two known bugs:
 - Cyprus seems to have 0 edits (I think this is a problem with CM polygon;))
 - Ireland and Europe miss of the last two lines of the _status file.
 The problem is somewhere in the Irish list (I guess a user has a name
 that my script does not appreciate), but is transfered also to the
 Europe one.
 --
 Fabio Alessandro Locati

 Home: Segrate, Milan, Italy (GMT +1)
 Phone: +39-328-3799681
 MSN/Jabber/E-Mail: fabioloc...@gmail.com

 PGP Fingerprint: 5525 8555 213C 19EB 25F2  A047 2AD2 BE67 0F01 CA61

 Involved in: KDE, OpenStreetMap, Ubuntu, Wikimedia

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-19 Thread john whelan
I'm probably in the same state.  I suspect the only honest thing to do is to
request that all my data be removed.  It seems a bit extreme but could that
be done?  Yes I did agree to the ODBL change but that was taking advice from
some one who I now realise was bias and I didn't go through the
implications.  I suspect that for some of my data I didn't really have the
right to agree to it and I can't recall exactly at the moment the origins of
every bit of data I've put in OSM so the only safe way is to remove it all
then start again.

Thanks John

On 19 December 2010 20:28, Stephen Hope slh...@gmail.com wrote:

 Fabio,

 I cannot sign every edit I've ever done over, because I don't have the
 rights to do so.  I can OK many of them, however, that were based
 purely on my own work, and not CC-BY-SA sources.  There was some talk
 of a tool being made available that would let me specify which were OK
 by changeset.  Does your tool take this into account?

 Does anybody know if that tool has even been made?  If I'm supposed to
 go through every changeset I've ever done and sort them out before
 March, I'll need to start soon.


 Stephen

 On 18 December 2010 19:36, Fabio Alessandro Locati
 fabioloc...@gmail.com wrote:
  Hi guys :),
  I've written a tool to check the amount of object versions available
  for relicensing.
  You can find the data here: http://repo.grimp.eu/osm .
  At the moment, only Europe is there, but I have a couple of computers
  working while I'm writing to make available all the other countries
  too ;).
  Each nation is in it's continent folder, and has two files '_status'
  and '_not_accepted'.
  The first one is a quick summary of the actual situation of that
  country, while the second is an ordered list (based on the versions
  they own) of the people who have not already agreed with CT/ODbL.
  You can find the same two files for each continent too ;).
 
  PS: There are two known bugs:
  - Cyprus seems to have 0 edits (I think this is a problem with CM
 polygon;))
  - Ireland and Europe miss of the last two lines of the _status file.
  The problem is somewhere in the Irish list (I guess a user has a name
  that my script does not appreciate), but is transfered also to the
  Europe one.
  --
  Fabio Alessandro Locati
 
  Home: Segrate, Milan, Italy (GMT +1)
  Phone: +39-328-3799681
  MSN/Jabber/E-Mail: fabioloc...@gmail.com
 
  PGP Fingerprint: 5525 8555 213C 19EB 25F2  A047 2AD2 BE67 0F01 CA61
 
  Involved in: KDE, OpenStreetMap, Ubuntu, Wikimedia
 
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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-19 Thread David Murn
On Mon, 2010-12-20 at 11:28 +1000, Stephen Hope wrote:

 I cannot sign every edit I've ever done over, because I don't have the
 rights to do so.  I can OK many of them, however, that were based
 purely on my own work, and not CC-BY-SA sources.

I suspect this is a big issue.  Pretty much any mapper who set their
potlatch to use nearmap (ever, even just to move one node) is in the
same boat.

Even when I did use my own GPS traces and saved POI data, I used aerial
imagery to improve the accuracy when mapping into OSM.  This means that
even work I have done myself, I dont know if I have the rights to sign
over, because when adding something to the map I had both my traces and
aerial imagery overlayed.

Because of the impossibility to be able to distinguish whats what, any
user who has ever made a change in this situation will have to have all
their edits removed from the system, to avoid any possibility that one
edit might infringe the rights of another source.

David

 On 18 December 2010 19:36, Fabio Alessandro Locati
 fabioloc...@gmail.com wrote:
  Hi guys :),
  I've written a tool to check the amount of object versions available
  for relicensing.
  You can find the data here: http://repo.grimp.eu/osm .
  At the moment, only Europe is there, but I have a couple of computers
  working while I'm writing to make available all the other countries
  too ;).
  Each nation is in it's continent folder, and has two files '_status'
  and '_not_accepted'.
  The first one is a quick summary of the actual situation of that
  country, while the second is an ordered list (based on the versions
  they own) of the people who have not already agreed with CT/ODbL.
  You can find the same two files for each continent too ;).
 
  PS: There are two known bugs:
  - Cyprus seems to have 0 edits (I think this is a problem with CM polygon;))
  - Ireland and Europe miss of the last two lines of the _status file.
  The problem is somewhere in the Irish list (I guess a user has a name
  that my script does not appreciate), but is transfered also to the
  Europe one.
  --
  Fabio Alessandro Locati
 
  Home: Segrate, Milan, Italy (GMT +1)
  Phone: +39-328-3799681
  MSN/Jabber/E-Mail: fabioloc...@gmail.com
 
  PGP Fingerprint: 5525 8555 213C 19EB 25F2  A047 2AD2 BE67 0F01 CA61
 
  Involved in: KDE, OpenStreetMap, Ubuntu, Wikimedia
 
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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-19 Thread John Smith
On 20 December 2010 12:53, David Murn da...@incanberra.com.au wrote:
 Because of the impossibility to be able to distinguish whats what, any
 user who has ever made a change in this situation will have to have all
 their edits removed from the system, to avoid any possibility that one
 edit might infringe the rights of another source.

That would be the moral and legal thing to do, I don't get the feeling
this will be the case on data already in the system. Judging by
comments made on the subject it seems that things will be done in a
pretty haphazard manner, and the strict stance on respecting other
people's copyright has been thrown out the window where it suits.

What should have happened if the choice of contributors was being
respected to relicense and preventing, or at least limiting any
potential copyright issues, and in the case of Nearmap potential
breaches of contract, would be to create a new database and any
suitable data copied across.

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Re: [OSM-talk] Objects versions ready for ODbL

2010-12-18 Thread Robert Kaiser

Fabio Alessandro Locati schrieb:

Each nation is in it's continent folder, and has two files '_status'
and '_not_accepted'.


Hmm, is Austria not in Europe any more? Or possibly some problem with 
your script that there is no entry for it?


Robert Kaiser


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