Re: [OSM-legal-talk] Wiki Mapia Mass Upload

2013-09-15 Thread Anthony
many parks, commercial areas, and graveyards seem to have 100% identical geometries to OSM Pre-fork or post-fork? That's one key question. On Sun, Sep 15, 2013 at 8:44 AM, Frederik Ramm frede...@remote.org wrote: Hi, On 15.09.2013 13:25, Simon Poole wrote: a) some proof of this actually

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 5:23 AM, Jonathan Harley j...@spiffymap.net wrote: On 03/02/11 04:21, Anthony wrote: On Wed, Feb 2, 2011 at 1:47 PM, Jonathan Harleyj...@spiffymap.net  wrote: I think we may have differing interpretations of the intent of the license. Mine is that the license

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 5:25 AM, Jonathan Harley j...@spiffymap.net wrote: On 03/02/11 10:18, Richard Fairhurst wrote: Jonathan Harley wrote: Making it impossible to make works where not all of the elements are free does nothing to protect the freedom of individuals to use OSM. That's as

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 9:23 AM, Anthony o...@inbox.org wrote: On Thu, Feb 3, 2011 at 5:23 AM, Jonathan Harley j...@spiffymap.net wrote: I've always understood that the intent of the ODbL was not to change the spirit of OSM licensing, just to clarify it. Whose intent are we talking about, here

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 11:35 AM, Jonathan Harley j...@spiffymap.net wrote: On 02/02/11 16:15, Anthony wrote: What is meant by content is unmodified?  Obviously the printed base map is going to be modified from the original database.  So under your interpretation, the part about the content

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 12:13 PM, Frederik Ramm frede...@remote.org wrote: On 02/02/11 18:00, Peter Miller wrote: And this one showing the location of the 'Trafford Law Centre' unless the photo was also on a free license or moved so as not to obscure the map.

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 12:49 PM, Jonathan Harley j...@spiffymap.net wrote: On 02/02/11 17:05, Richard Fairhurst wrote: Jonathan Harley wrote: Clearly no rendering of any map is going to be unmodified in the sense of having identical sequences of 0s and 1s to the database, in which case

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 1:23 PM, Frederik Ramm frede...@remote.org wrote: Hi, On 02/02/11 18:49, Jonathan Harley wrote: For print, yes, that's about the size of it. I don't see what print's got to do with it. Any rendering, whether to paper or to a screen, changes the bits used The

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 11:39 PM, Anthony o...@inbox.org wrote: Nonsense.  The person visiting the website doesn't give the instructions to the machine.  The person providing the website does. If you wrote a website which intentionally caused the computer of the person visiting it to overheat

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-02-01 Thread Anthony
On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote: Hi, Anthony wrote: Strongly agree.  Whether started and/or spread by CC, OSM, both, or neither, there definitely seems to be a common misconception that OSM is simply a database of facts, Well I for one still

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote: I think that the misconception from which CC is now distancing themselves is that data should be licensed CC0, not OSM is a databae of facts. Do you think they are also distancing themselves from the position that

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 6:20 PM, Anthony o...@inbox.org wrote: On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote: I think that the misconception from which CC is now distancing themselves is that data should be licensed CC0, not OSM is a databae of facts. Do you think

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 6:27 PM, Anthony o...@inbox.org wrote: Personally I'm hoping for a CC-BY-SA which states explicitly that it does not cover unoriginal facts and that it only covers the expression half of the idea/expression divide. Ugh, sorry for the imprecise language (this is why I'm

Re: [OSM-legal-talk] Licensing implications when extending POI with external metadata

2011-01-21 Thread Anthony
On Fri, Jan 21, 2011 at 10:32 AM, Joao Neto joao.p.n...@gmail.com wrote: Great points Anthony. Thanks for sharing! To be honest I think the share-alike aspect of the license is too restrictive and working against the project. The most successful projects in the open source / community space

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Anthony
On Fri, Jan 21, 2011 at 9:44 AM, Ed Avis e...@waniasset.com wrote: I think there has been a bit of a crossed wire between 'scientific data' and 'anything which can be considered as data'.  The position that scientific data sets should be placed in the public domain seems reasonable (IMHO) but

[OSM-legal-talk] current license terms

2011-01-16 Thread Anthony
https://docs.google.com/document/pub?id=1sC0SrG_R6OkRDdC3IJKlmDEn2pYTY2DZfcpSLFdiBBU You are indicating that, as far as You know, You have the right to authorize OSMF to use and distribute those Contents under our current licence terms. What are the current license terms? Right now it means,

Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-07 Thread Anthony
On Fri, Jan 7, 2011 at 10:21 AM, Mike Collinson m...@ayeltd.biz wrote: A very large percentage of what we map now will still be valid in 120 years time Database rights only last 15 years, though, and facts can't be copyrighted. ___ legal-talk

Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Anthony
stating about people thinking the data is owned by people isn't the full store, in fact I think it was Anthony that pointed this out the other day about people collaborating on a movie project and having a certain expectation about the licensing at the end of it Yes, I remember - he used

Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread Anthony
On Tue, Jan 4, 2011 at 10:11 AM, John Smith deltafoxtrot...@gmail.com wrote: On 5 January 2011 01:02, Anthony o...@inbox.org wrote: On Tue, Jan 4, 2011 at 9:09 AM, Frederik Ramm frede...@remote.org wrote: But you are right in that there is a weakness because people are not guaranteed a right

Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread Anthony
On Tue, Jan 4, 2011 at 10:48 AM, Frederik Ramm frede...@remote.org wrote: Such an opt-out clause would mean: We're not a community building something together, we're a pot where everyone can temporarily put their personal contribution but remove it at any time. On the rest, we're going to

Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread Anthony
On Tue, Jan 4, 2011 at 11:16 AM, Tobias Knerr o...@tobias-knerr.de wrote: Anthony wrote: Let people remove their data if they don't agree to future licensing terms. It's my impression that this statement reflects the fundamental philosophical reason why you seem to disagree with all versions

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-23 Thread Anthony
On Thu, Dec 23, 2010 at 2:18 AM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-23 04:14, Anthony wrote: I guess...  Isn't Bing supposed to be coming out with a more clear license?  This would be one point for them to clarify. Good point. I think the discussion here

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-22 Thread Anthony
On Wed, Dec 22, 2010 at 2:17 AM, Frederik Ramm frede...@remote.org wrote: I believe you could also do other things with traced data but that would then be subject to the normal license, not the special license they granted to OpenStreetMap. And how do believe they achieve that? Through

Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread Anthony
I certainly didn't read it that way.  The Bing license says you must contribute traced data to openstreetmaps.org, but it doesn't say you can't also contribute traced data to a fork. After it has been contributed to openstreetmap.org, one can get it from openstreetmap.org(dump maybe)

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-22 Thread Anthony
On Wed, Dec 22, 2010 at 12:58 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-22 01:24, Anthony wrote: On Tue, Dec 21, 2010 at 10:48 AM, Frederik Rammfrede...@remote.org  wrote: This rule means that everything that is traced from Bing before OSM stops publishing under CC

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-21 Thread Anthony
On Tue, Dec 21, 2010 at 10:48 AM, Frederik Ramm frede...@remote.org wrote: This rule means that everything that is traced from Bing before OSM stops publishing under CC-BY-SA will be available to the world, forever, under CC-BY-SA. But a hypothetical CC-BY-SA fork would not be allowed to accept

Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread Anthony
On Sun, Dec 19, 2010 at 8:32 AM, 80n 80n...@gmail.com wrote: In other words, this license makes no grants of rights to publish derived works under any particular license, over and above what was already there. That's probably a combination of the fact that Microsoft doesn't own that right in

Re: [OSM-legal-talk] Someone already had a look at the Bing TermsofUse?

2010-12-19 Thread Anthony
On Sun, Dec 19, 2010 at 3:44 PM, Simon Poole si...@poole.ch wrote: Because your statement is simply wrong in the generality you made it. Then show why I'm wrong, don't say that I may be right in some jurisdictions and you aren't sure if I'm right in others. For example in Germany simple

Re: [OSM-legal-talk] Someone already had a look at the BingTermsofUse?

2010-12-19 Thread Anthony
On Sun, Dec 19, 2010 at 4:32 PM, Simon Poole si...@poole.ch wrote: Anthony o...@inbox.org wrote None of that even shows that German courts use the term derivative work, let alone define tracings of aerial photographs to be under the definition of that term. It's extremly unlikely

Re: [OSM-legal-talk] Someone already had a look at the BingTermsofUse?

2010-12-19 Thread Anthony
On Sun, Dec 19, 2010 at 5:30 PM, Rob Myers r...@robmyers.org wrote: On 19/12/10 21:52, Anthony wrote: What is the German equivalent of a 'derived work'?  And, if you're saying it's different, then how can you say it's equivalent? Your local copyright law almost certainly mentions adaptation

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-14 Thread Anthony
On Tue, Dec 14, 2010 at 5:07 AM, Jukka Rahkonen jukka.rahko...@latuviitta.fi wrote: Frederik Ramm frede...@... writes: On 12/14/10 10:28, Jukka Rahkonen wrote: I do not really believe that the turnout percentage in any OSM poll would reach 66.7 percent, even if we count just the active

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-14 Thread Anthony
Also, the idea that the vote could be conducted via email is rather humorous.  Can't wait to see the dispute over the hanging chads in that scenario. I'm not sure why its humerous. There seems (to me) to be nothing wrong in principle in holding a vote by email or indeed by any other

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-14 Thread Anthony
On Tue, Dec 14, 2010 at 10:32 AM, Francis Davey fjm...@gmail.com wrote: On 14 December 2010 15:21, Anthony o...@inbox.org wrote: I wouldn't suggest a paper ballot either. What would you suggest? I'd suggest that people go to a URL, log in, check a box which says I haven't already voted under

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-14 Thread Anthony
On Tue, Dec 14, 2010 at 10:47 AM, Anthony o...@inbox.org wrote: I'd suggest that people go to a URL, log in, check a box which says I haven't already voted under another account, and click Yes or No.  Their IP address would be recorded so that the committee overseeing the vote could manually

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-13 Thread Anthony
On Mon, Dec 13, 2010 at 9:44 AM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: It's not clear what the denominator is supposed to be. 2/3 of me are still trying to understand you, the rest are yelling he's crazy! - can you clarify what you mean? It's unclear to me whether a 2/3

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-12 Thread Anthony
On Sun, Dec 12, 2010 at 9:20 AM, Francis Davey fjm...@gmail.com wrote: On 12 December 2010 14:08, Robert Kaiser ka...@kairo.at wrote: If 67% is not clear in legalese, then legalese is stupid, IMHO. Let's abolish all legal rules and make contributing fun instead, then. There's no such thing

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-11 Thread Anthony
On Sat, Dec 11, 2010 at 9:04 AM, Rob Myers r...@robmyers.org wrote: On 11/12/10 12:42, Simon Ward wrote: We got new licences to choose from that countered “Tivoisation” and software as a service issues.  Let’s not also forget We did. Which is precisely my point. The Linux kernel cannot move

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 1:22 AM, Grant Slater openstreet...@firefishy.com wrote: OSMF would have to block 1000s [1] of contributors/mappers for a period of at least 10 months, stop them from creating new accounts and do this all without upsetting the rest of the contributors (electorate).

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Anthony
demonstrating that data is PD in those jurisdictions. WHAT about IANAL in my message don't you understand? I do apologize. The formatting in the email I used made it appear that was a quote from Anthony. I also apologize to Anthony. I'm just more confused now. The claim being made by you and Robert

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Thu, Dec 9, 2010 at 4:46 PM, 80n 80n...@gmail.com wrote: Share alike is a very simple thing to define.  If you receive something you can only distribute it under exactly the same terms that you received it. Share alike was a term invented by CC. They define it, in plain English, as If you

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 11:53 AM, Ed Avis e...@waniasset.com wrote: Just a note to say that it is not universally agreed that the ODbL is free and open.  I don't consider it to be a free licence because of the contract-law provisions.  However I seem to be in a very small minority (perhaps a

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 8:03 PM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: 1) You can't take things out of the public domain. Of course you can't. But you can AFAIK (still, IANAL, bare that in mind) make new contributions or a derived work and put that under any different terms

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 9:33 AM, Robert Kaiser ka...@kairo.at wrote: Ed Avis schrieb: Well, 67% of 'active contributors' however defined. Wait. Stop for a moment here. Doesn't the CT have a very clear definition of how active contributors are defined? There's not a clear definition of how

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-09 Thread Anthony
On Thu, Dec 9, 2010 at 8:35 AM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: On Wed, Dec 8, 2010 at 11:34 AM, Robert Kaiserka...@kairo.at  wrote: Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-09 Thread Anthony
On Thu, Dec 9, 2010 at 8:49 AM, Rob Myers r...@robmyers.org wrote: Anthony: Please explain how the ODbL changes that, in the context of case law regarding shrink-wrap, browse-wrap, and the OSM situation which I'm going to refer to as I-wish-it-were-true-wrap. Please name the jurisdictions

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:37 AM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 14:25, Anthony wrote: On Wed, Dec 8, 2010 at 8:05 AM, John Smithdeltafoxtrot...@gmail.com  wrote: And one of those problematic details is the OSMF.  The OSMF was not created to control the data

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:46 AM, Anthony o...@inbox.org wrote: On Wed, Dec 8, 2010 at 9:37 AM, Andreas Perstinger As I understand it, there must be someone who owns the database because otherwise you can't defend it legally.  Would you prefer a single person? I'm not sure what you mean by owns

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:51 AM, Anthony o...@inbox.org wrote: By the way: The Foundation does not own the OpenStreetMap data, is not the copyright holder and has no desire to own the data. http://www.osmfoundation.org/wiki/OSMF:About ___ legal-talk

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
andreas.perstin...@gmx.net wrote: On 2010-12-08 15:46, Anthony wrote: I'm not sure what you mean by owns the database.  The copyright? The database right?  Something else? I mean the database right. For the european database directive (which is a protection for the investment into the database

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 11:34 AM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some jurisdiction where this is equivalent to PD (from all I've heard, there are quite a few). :P

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 11:49 AM, Anthony o...@inbox.org wrote: Please explain how the ODbL changes that, in the context of case law regarding shrink-wrap, browse-wrap, and the OSM situation which I'm going to refer to as I-wish-it-were-true-wrap. Or maybe Frederik can answer it: http

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 12:04 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 17:23, Anthony wrote: The OSMF certainly should not, because a very small portion of contributors are members of the OSMF. I agree with you that more contributors should be members of the OSMF

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 1:05 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 18:23, Anthony wrote: That's probably a key reason for our difference of opinion.  I'm one of those individualists that Frederik was complaining about.  I'm quite wary of collectivism

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 12:36 PM, Francis Davey fjm...@gmail.com wrote: On 8 December 2010 17:23, Anthony o...@inbox.org wrote: The 1.0 CT doesn't even mention the database right.  1.2 (*) says that the individual contributors grant the right to the OSMF, but according to you the individual

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-07 Thread Anthony
On Tue, Dec 7, 2010 at 4:25 AM, Frederik Ramm frede...@remote.org wrote: There is *no* way for OSMF to, for example, * license the data under a non-free or non-open license Free according to whom? Open according to whom? * license the data under a license not agreed to by 2/3 of active

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-07 Thread Anthony
On Tue, Dec 7, 2010 at 7:37 AM, Anthony o...@inbox.org wrote: To change the CT, all they have to do is 1) require all contributors to sign a new CT.  2) Wait 3 months.  3) Have a vote on the new CT among the users who have already signed the new CT.  Anyone who refused to sign the new CT would

Re: [OSM-legal-talk] New phrase in section 2

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 2:49 AM, Francis Davey fjm...@gmail.com wrote: On 2 December 2010 15:43, Anthony o...@inbox.org wrote: I have no idea why it was actually put there, but one positive thing it does (besides nullifying the ODbL) is that it puts us all on an equal footing with OSMF

Re: [OSM-legal-talk] New phrase in section 2

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 10:39 AM, Richard Fairhurst rich...@systemed.net wrote: David Groom wrote: If the OSMF board wish to move OSM to PD They don't, rendering the rest of your e-mail moot. I mean, personally I think it'd be lovely if they did, but they don't. I'm slightly amazed that

Re: [OSM-legal-talk] New phrase in section 2

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 10:39 AM, Richard Fairhurst rich...@systemed.net wrote: Rather, as Francis pointed out: A mistake? Someone infelicitously drafting the licence? It does happen you know :-). Or, as ever with OSM, never attribute to conspiracy that which can be adequately explained by

Re: [OSM-legal-talk] New phrase in section 2

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 12:10 PM, Grant Slater openstreet...@firefishy.com wrote: On 3 December 2010 16:21, Anthony o...@inbox.org wrote: On Fri, Dec 3, 2010 at 10:39 AM, Richard Fairhurst rich...@systemed.net wrote: Rather, as Francis pointed out: A mistake? Someone infelicitously drafting

Re: [OSM-legal-talk] New phrase in section 2

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 12:33 PM, Anthony o...@inbox.org wrote: However, I don't know of any jurisdiction where clear, plain language, unintended consequences are unenforcible. And, actually, you can ignore that I've even said that. I don't see the point in arguing over this. Suffice it to say

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-03 Thread Anthony
On Fri, Dec 3, 2010 at 6:24 AM, Richard Fairhurst rich...@systemed.net wrote: Personally I'm delighted that Bing is happy to work with us, and I think their attitude to permitting tracing without claiming a share in any (allegedly) resulting IP reflects very well on them when compared to Google

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-02 Thread Anthony
On Wed, Dec 1, 2010 at 3:47 PM, Steve Coast st...@asklater.com wrote: On 12/01/2010 02:31 PM, David Groom wrote: - Original Message - From: Anthony o...@inbox.org Isn't http://opengeodata.org/microsoft-imagery-details the prior written consent from Microsoft. I'm not sure

Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-02 Thread Anthony
On Thu, Dec 2, 2010 at 10:40 AM, Eugene Alvin Villar sea...@gmail.com wrote: I think it's the fact that we have an actual documentation of the permission to trace. Yahoo's is pretty much just an unwritten/informal agreement. Except that at the point we don't. At this point, we have an unclear

Re: [OSM-legal-talk] New phrase in section 2

2010-12-02 Thread Anthony
On Thu, Dec 2, 2010 at 6:42 PM, David Groom revi...@pacific-rim.net wrote: - Original Message - From: Anthony o...@inbox.org I have no idea why it was actually put there, but one positive thing it does (besides nullifying the ODbL) is that it puts us all on an equal footing with OSMF

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-01 Thread Anthony
On Wed, Dec 1, 2010 at 6:34 AM, David Groom revi...@pacific-rim.net wrote: Whereabouts is the prior written consent from Microsoft which would enable us to trace and thus create derivative works? David [1]  http://opengeodata.org/microsoft-imagery-details Isn't

Re: [OSM-legal-talk] New phrase in section 2

2010-12-01 Thread Anthony
On Wed, Dec 1, 2010 at 6:57 PM, Rob Myers r...@robmyers.org wrote: On 12/01/2010 11:40 PM, Frederik Ramm wrote: Hi, fx99 wrote: 2 Rights granted. Subject to Section 3 and 4 below, You hereby grant to OSMF and any party that receives Your Contents a worldwide, . can somebody explain

Re: [OSM-legal-talk] Why is the data protected?

2010-11-29 Thread Anthony
On Sun, Nov 28, 2010 at 2:51 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: Isn't the content the users provide just facts (at least the coordinates, some tags could be questionable)? I don't think it's quite that simple. If I draw a complex intersection on a piece of paper, that's

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 7:56 AM, Matthias Julius li...@julius-net.net wrote: The LWG say that the new CT are a sub-set of CT 1.0. They clearly are not, as of the 1.2 draft. Among other things, the section 2 grants are expanded, to include database right or any related right.

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
Maybe we should work on that bit then. Not give the individual an opt-out right, but instead force OSMF to publish. Something like: As a condition of this agreement, OSMF agrees not only to license the database under the licenses given, but also to make the database publicly available or so.

Re: [OSM-legal-talk] Database and its contents

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 4:08 AM, Matthias Julius li...@julius-net.net wrote: No, a license cannot protect any work or restrict what one can do with the work.  It can only give permissions.  Of course, these permissions might have some conditions (like BY-SA).  The protection comes from the law

Re: [OSM-legal-talk] Database and its contents

2010-11-26 Thread Anthony
On Tue, Nov 23, 2010 at 6:15 AM, Ed Avis e...@waniasset.com wrote: Rob Myers r...@... writes: What seems to throw people when we are talking about geodata in a database rather than a collection of poems/photos/songs is the granularity of the contents. But it doesn't really matter whether we

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 10:06 AM, Frederik Ramm frede...@remote.org wrote: Picture yourself next to 100 people who have come after you, who have taken what you have given to the project and who have built on it, improved it, made it their project. Do you *really* think it is right to say:

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 10:06 AM, Frederik Ramm frede...@remote.org wrote: I would sincerely ask anyone who feels the desire to pull the rug from under the project's feet in 10 years time if the project doesn't do what one likes: please recosider, and if you still cannot trust the project

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 10:39 AM, Frederik Ramm frede...@remote.org wrote: How can we have the hubris to say we know what's best for OSM in 10 years? Preserving the right to opt out of future changes doesn't say that. On the contrary, it is an expression of uncertainty over the future.

Re: [OSM-legal-talk] CT, section 3

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 11:00 AM, Frederik Ramm frede...@remote.org wrote: Anthony,   you seem to be missing context. I have re-added the quote from Mike to which I replied: On 11/26/10 16:53, Anthony wrote: If you have a license, then make it closed, dont leave any loopholes or blank

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 4:56 AM, Rob Myers r...@robmyers.org wrote: Since the data isn't covered by BY-SA, if I recreate the data it isn't covered by BY-SA. Is the data covered by ODbL? If you recreate the data is it covered by ODbL? ___ legal-talk

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 9:47 AM, Rob Myers r...@robmyers.org wrote: On 11/19/2010 01:43 PM, Anthony wrote:  The ODbL does not *say* (i.e. contain the text) you can make Produced Works and release them as CC-BY. Combined with the DbCL it might be the case that you can do so, but the ODbL does

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 9:53 AM, Frederik Ramm frede...@remote.org wrote: For me, as a PD advocate, the more licenses you license the stuff under the better as it will combine the loopholes of every single one. If, however, you intend to protect our data by putting it under a share-alike

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 9:58 AM, Ed Avis e...@waniasset.com wrote: Richard Fairhurst rich...@... writes: Yes. ODbL is very clear that there's an attribution requirement (4.3). Yes, that's right, but I also wanted to ask about the other requirement that at times has been ascribed to the ODbL:

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 11:42 AM, Ed Avis e...@waniasset.com wrote: Rob Myers r...@... writes: It's enforcable for much the same reason that if you send ten of your friends a few seconds of a Lady Gaga song and they put them back together to make the original track, whether they realise it or not

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 12:25 PM, Ed Avis e...@waniasset.com wrote: Exactly. And the copyright (or DB right) in the original data is an entirely separate issue. Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 12:58 PM, Rob Myers r...@robmyers.org wrote: On 11/18/2010 05:28 PM, Ed Avis wrote: Indeed, this is another point of contention where different people say different things about what the ODbL permits or does not permit.  And it's not some abstract conundrum but part

Re: [OSM-legal-talk] Nearmap vs CTs: any progress?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 12:49 PM, Ed Avis e...@waniasset.com wrote: Anthony o...@... writes: However, this part remains: Subject to Section 3 and 4 below, You hereby grant to OSMF and any party that receives Your Contents a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 1:50 PM, Ed Avis e...@waniasset.com wrote: Anthony o...@... writes: Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest in the small bit of map you received As you have correctly pointed out

Re: [OSM-legal-talk] Nearmap vs CTs: any progress?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 1:54 PM, Ed Avis e...@waniasset.com wrote: Anthony o...@... writes: The way I read it, Your Contents = the material contributed by You, as distinguished from the preexisting material employed in the work So, if I just bulk-uploaded data from somewhere else, the 'Your

Re: [OSM-legal-talk] [DRAFT] Contributor Terms 1.2

2010-11-17 Thread Anthony
On Wed, Nov 17, 2010 at 7:31 AM, Ed Avis e...@waniasset.com wrote: Francis Davey fjm...@... writes: No, the data contributed to OSM must be licensed to OSMF under the contributor terms: You hereby grant to OSMF and any party that receives Your Contents a worldwide, royalty-free, non-exclusive,

Re: [OSM-legal-talk] [talk] New site about the license change

2010-11-17 Thread Anthony
On Wed, Nov 17, 2010 at 2:25 AM, Frederik Ramm frede...@remote.org wrote: Hi, On 11/17/10 04:26, Anthony wrote: They left what process?  The goal of the process was not to find a license like the ODbL.  The goal of the process was to address the sui generis database right within the CC

Re: [OSM-legal-talk] [talk] New site about the license change

2010-11-17 Thread Anthony
On Wed, Nov 17, 2010 at 4:40 AM, Rob Myers r...@robmyers.org wrote: On 11/17/2010 04:25 AM, Mike Linksvayer wrote: A bigger problem, in my mind, would be facilitating a fracturing of the copyleft universe. ODbL Produced Works may be BY-SA. Possibly. But if so that BY-SA doesn't extend to

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Anthony
On Wed, Nov 17, 2010 at 2:30 PM, 80n 80n...@gmail.com wrote: On Wed, Nov 17, 2010 at 6:32 PM, Anthony o...@inbox.org wrote: On Wed, Nov 17, 2010 at 1:19 PM, 80n 80n...@gmail.com wrote: Anyone care to point to the language in ODbL that would stop someone tracing from a Produced Work? I

Re: [OSM-legal-talk] New site about the license change

2010-11-16 Thread Anthony
On Tue, Nov 16, 2010 at 10:55 AM, Richard Fairhurst rich...@systemed.net wrote: I release all my OSM work as public domain anyway and believe that CC-BY-SA is a deeply inequitable licence when applied to data. I really don't get this. What is inequitable about CC-BY-SA? The requirement to

Re: [OSM-legal-talk] [talk] New site about the license change

2010-11-16 Thread Anthony
On Tue, Nov 16, 2010 at 6:23 AM, ke...@cordina.org.uk wrote: It strikes me as two issues - changing to ODbL and, separately, the inclusion of a clause in the CTs allowing a future unspecified relicensing by the OSMF.  The two aren't, necessarily, interlinked. And for some reason the part

Re: [OSM-legal-talk] New site about the license change

2010-11-16 Thread Anthony
On Tue, Nov 16, 2010 at 2:01 PM, Richard Fairhurst rich...@systemed.net wrote: Anthony wrote: I really don't get this. We have been through this before. I have no interest in engaging with you Why would you send an email to the list explaining that? By doing so aren't you engaging with me

Re: [OSM-legal-talk] [talk] New site about the license change

2010-11-16 Thread Anthony
On Tue, Nov 16, 2010 at 5:08 PM, Frederik Ramm frede...@remote.org wrote: If Creative Commons had been more friendly towards the data licensing issue, a similar window could have been opened in a hypothetical CC-BY-SA 3.1 If Creative Commons wanted to support the export of sui generis database

Re: [OSM-legal-talk] [OSM-talk] license change map

2010-11-13 Thread Anthony
On Sat, Nov 13, 2010 at 9:47 AM, Frederik Ramm frede...@remote.org wrote: The discussion started with the license change map http://osm.informatik.uni-leipzig.de/map/, and someone said that the bits that are red on the license change map will be deleted. That person was asked to use would, not

Re: [OSM-legal-talk] License Question

2010-10-19 Thread Anthony
On Tue, Oct 19, 2010 at 10:55 AM, Kevin Sharpe kevin.sha...@btinternet.com wrote: I posted these questions to the Forum and it was suggested that I try here; We wish to add to OSM data relating to electric vehicle charge point locations and capabilities. However, it is not clear to me whether

Re: [OSM-legal-talk] License Question

2010-10-19 Thread Anthony
On Tue, Oct 19, 2010 at 12:27 PM, Kevin Sharpe kevin.sha...@btinternet.com wrote: In what jurisdiction? People will be adding data worldwide. Basically, I think you have three choices. 1) You consider your data to be valuable enough to hire a lawyer to try to figure out a way to keep people

Re: [OSM-legal-talk] License Question

2010-10-19 Thread Anthony
On Tue, Oct 19, 2010 at 1:16 PM, Kevin Sharpe kevin.sha...@btinternet.com wrote: Do you [Kevin] want your data to be usable without restriction, or are you trying to restrict it? We want the data to be available without restriction. Okay, I misunderstood you, and I'm going to have to pass on

Re: [OSM-legal-talk] legal FAQ license

2010-10-13 Thread Anthony
On Wed, Oct 13, 2010 at 3:21 PM, Richard Weait rich...@weait.com wrote: For example, a 'bot that does nothing but fix spelling in keys, changes Amenity to amenity, but the 'bot does not answer the mandatory relicensing question.  Should we revert their changes back to Amenity? As another

Re: [OSM-legal-talk] legal FAQ license

2010-10-13 Thread Anthony
On Wed, Oct 13, 2010 at 4:50 PM, Frederik Ramm frede...@remote.org wrote: If one million users each make a non-copyrightable contribution to OSM under CC-BY-SA then I can take those one million contributions and use them in any way I want because if they are not copyrightable then CC-BY-SA

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