Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Francis Davey
2009/7/3 Russ Nelson r...@cloudmade.com: Indeed.  Consider what you would say if a lawyer looked at a program and said Why do we need all this codese? Speaking as a lawyer - albeit one who hasn't been on this list nearly long enough to have an opinion, I'm mostly just trying to learn where OSM

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Ed Avis
Richard Fairhurst rich...@... writes: The licence should not try to impose additional restrictions on people beyond their own country's copyright law (and other applicable laws such as database right). In which case OSM becomes public domain. Are you saying that the OSM data, currently

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Ed Avis
Matt Amos zerebub...@... writes: the personal use only stuff comes into the terms of service. you don't need to agree - it's simply a statement by OSMF that the site is intended for personal use and that any non-personal use of the site may result in service being withdrawn. Hmm. I guess not

[OSM-legal-talk] Printed maps and new license

2009-07-03 Thread George Ionescu
Hello to all OSM users, we're planning on creating printed materials which will include OSM maps. Does the new license allow us to do so? What kind of disclaimer should be used in print media? Thank you. George. ___ legal-talk mailing list

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Ulf Möller wrote: It doesn't. It's just that during a review of the proposed license, a lawyer pointed out that it is good practice to have terms of use for the website. That recommendation would still stand if we chose not to change the license. I can't really comprehend

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Francis Davey wrote: Put the lawyer back in the cage. Be nice 8-). This isn't (as far as I can see) about lawyers being unreasonable. I just get the impression that some people have had so much to do with lawyers while trying to get the database licence organised that

Re: [OSM-legal-talk] Printed maps and new license

2009-07-03 Thread George Ionescu
Hello Frederik, thanks for the quick reply. One more quick question, just to be sure: how should we handle printing media in CC-BY-SA terms? Is printing ©OpenStreetMap - CC-BY-SA on the map enough to ensure I'm complying with current OSM license? Thanks. George. On Fri, Jul 3, 2009 at 2:32 PM,

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Frederik Ramm
Hi, Brendan Barrett wrote: What happens if someone, with malicious intent, deletes lots of data or uploads things that cause trouble (e.g. upload Teleatlas data, then tip off Teleatlas to make trouble). Do we reserve the right to sue them for damages, and if so, would this agreement be the

Re: [OSM-legal-talk] Printed maps and new license

2009-07-03 Thread Frederik Ramm
Hi, George Ionescu wrote: One more quick question, just to be sure: how should we handle printing media in CC-BY-SA terms? Is printing ©OpenStreetMap - CC-BY-SA on the map enough to ensure I'm complying with current OSM license? If you have enough room then we prefer the URLs for OSM and CC

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Ed Avis
Matt Amos zerebub...@... writes: http://wiki.openstreetmap.org/wiki/Open_Data_License/Contributor_Terms Should say: You agree to only add contents for which you are the copyright holder, *or which are in the public domain*, *or which already have permission from the rights holder to distribute

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Frederik Ramm
Hi, Ed Avis wrote: Should say: You agree to only add contents for which you are the copyright holder, *or which are in the public domain*, *or which already have permission from the rights holder to distribute under Licence X*, or where you have explicit permission from the rights holder to

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Ed Avis
Francis Davey fjm...@... writes: Many websites have terms and conditions (eg amazon and tesco) and they do so because using those sites goes beyond just having a browse but involves rather more interaction (including the handing over of money). In the case of OSM things don't go that far

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Francis Davey
2009/7/3 Ed Avis e...@waniasset.com: Yes, which is why a contributor agreement is needed - but that does not mean you need a set of terms and conditions just to *read* the site. Yes and as is I hope clear from what I have written (although your use of the word but suggests possibly not) I do

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Frederik Ramm
Hi, Ed Avis wrote: ODbL, as fast as I understand, does not permit re-licensing, which means that even if you have other data that is ODbL licensed, you cannot upload it to OSM without express permission of the license holder. But if OSM also adoped ODbL then no re-licensing would be

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Ed Avis
Francis Davey fjm...@... writes: Yes, which is why a contributor agreement is needed - but that does not mean you need a set of terms and conditions just to *read* the site. Yes and as is I hope clear from what I have written (although your use of the word but suggests possibly not) I do not

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Francis Davey
2009/7/3 Ed Avis e...@waniasset.com: Hmm, I think I would argue that 'use of the data' is no consideration at all since I would have been able to use it anyway even without agreeing to the terms.  For example if I publish a copy of the King James Bible with a 'contract' at the front, and the

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Matt Amos
On Fri, Jul 3, 2009 at 3:26 PM, Frederik Rammfrede...@remote.org wrote: Hi, Ed Avis wrote: ODbL, as fast as I understand, does not permit re-licensing, which means that even if you have other data that is ODbL licensed, you cannot upload it to OSM without express permission of the license

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Richard Fairhurst
Ed Avis wrote: Richard Fairhurst rich...@... writes: I kind of think it should be compulsory for anyone posting to legal-talk to demonstrate that they have read, and understood, Rural vs Feist and Mason vs Montgomery. I will read those (anyone got a link?).

Re: [OSM-legal-talk] Privacy and Terms

2009-07-03 Thread Matt Amos
On Fri, Jul 3, 2009 at 4:42 PM, Ed Avise...@waniasset.com wrote: Francis Davey fjm...@... writes: Therefore, granting permission on the data can only be a real consideration when there is some pre-existing law which means the other party needs such permission.  That can be copyright law, database

Re: [OSM-legal-talk] copyright for IGN maps from morocco

2009-07-03 Thread Martin
No, i can't :( I was hoping that there is someone who could. Still hoping .. Sorry Martin Richard Fairhurst wrote: Martin wrote: I would like to know if it is allowed to trace over the maps from: http://www.ml-datos.com/4/ficheros/mapas/marruecos/IGN%201-250.000/ Can you point us at a

Re: [OSM-legal-talk] copyright for IGN maps from morocco

2009-07-03 Thread Martin
Hi Elizabeth Thanks for analysis! This map series are more reliable than the others and would be very valuable. They belong to the Institute Geographique Nationale from morocco and could be public domain, but i don't know. Martin Elizabeth Dodd wrote: On Fri, 3 Jul 2009, Martin wrote: I

Re: [OSM-legal-talk] copyright for IGN maps from morocco

2009-07-03 Thread Martin
I already made a changeset based on that before i realised the unknown state of copyright: http://www.openstreetmap.org/browse/changeset/1712798 How to remove that? Thanks Martin Martin wrote: Hi I would like to know if it is allowed to trace over the maps from:

Re: [OSM-legal-talk] copyright for IGN maps from morocco

2009-07-03 Thread Iván Sánchez Ortega
El Viernes, 3 de Julio de 2009, Martin escribió: They belong to the Institute Geographique Nationale from morocco and could be public domain, but i don't know. No, no, no. They are indeed from the Institute Geographique Nationale, but not from Morocco. From France. See www.ign.fr and

Re: [OSM-legal-talk] copyright for IGN maps from morocco

2009-07-03 Thread Martin
So i will dig through http://www.ign.fr/page.do?externalRef=instit.document.cms.id.mentionsLegales and probably ask them about. Thanks Martin Iván Sánchez Ortega wrote: El Viernes, 3 de Julio de 2009, Martin escribió: They belong to the Institute Geographique Nationale from morocco and

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Ulf Möller
Ed Avis schrieb: If it is not possible to take one ODbL-licensed work, and combine it with another ODbL-licensed work to make a third ODbL-licensed work, then either the ODbL is even worse than it first appears, or the proposed OSM implementation of it is flawed. The ODbL certainly allows

Re: [OSM-legal-talk] Contributor Terms

2009-07-03 Thread Ed Avis
Matt Amos zerebub...@... writes: if it's in the public domain then you already have permission from the copyright holder. also, having permission from the rights holder to distribute under License X is the same thing as having permission from the rights holder to submit the content, no? Well,