Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-19 Thread Francis Davey
On 19 April 2011 01:27, Anthony o...@inbox.org wrote: Where? The only reference I see to sublicense is You may not sublicense the Work. See my earlier remarks. 4(b) permits the distribution (amongst other things) of a Derivative Work under a licence (which might not be a CC licence) other

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-18 Thread Francis Davey
On 18 April 2011 02:13, Anthony o...@inbox.org wrote: Presumably they would point out that the incorrect part of your reasoning is that Re-distribution under a licence is sublicensing and cannot be anything else. Redistribution under a license is not sublicensing.  I'm not even quite sure

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-18 Thread Francis Davey
That is the situation you are describing. I'm not sure what you mean by the situation you are describing, but Ah, this is where we are probably at cross purposes. I am sorry for that - its been a long thread. 80n's original query concerned uploading work to OSMF by someone who has agreed to

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread John Smith
That would be a very narrow and strict interruption of cc-by-sa, especially since the assumption is a derivative is required by the user to generate any changes made when the source of their changes would matter just as much. For example if they are using GPS data all they would use existing data

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Eugene Alvin Villar
IANAL, but as long as the data is currently being released as CC-BY-SA, then there is no breach of the CC license. CC-BY-SA only stipulates that the data, when published, must be under CC-BY-SA. It doesn't say that you cannot enter contracts promising to release the data *in the future* under

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 10:55 AM, John Smith deltafoxtrot...@gmail.com wrote: That would be a very narrow and strict interruption of cc-by-sa, The definition of a derivative work is pretty clear. ... a work based upon the Work or upon the Work and other pre-existing works, ..., or any other

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 11:01 AM, Eugene Alvin Villar sea...@gmail.com wrote: IANAL, but as long as the data is currently being released as CC-BY-SA, then there is no breach of the CC license. Clause 4 of CC-BY-SA 2.0 only permits you to distribute copies of a deriviative work under the terms

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Eugene Alvin Villar
I guess your argument hinges on whether uploading data to the OSM servers is a form of publishing in terms of copyright. If you create a work and never publish it (in other words, nobody else will see it), then it is not yet copyrighted. Even works for hire are not copyrighted until the hiring

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 11:50 AM, Eugene Alvin Villar sea...@gmail.com wrote: I guess your argument hinges on whether uploading data to the OSM servers is a form of publishing in terms of copyright. Indeed, it's the act of distribution. The question is, if the user uploads a derivative work

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread andrzej zaborowski
On 17 April 2011 11:39, 80n 80n...@gmail.com wrote: It would seem to me that anyone who has agreed to the contributor terms and who then edits content that is published by OSM is in breach of the CC-BY-SA license. Currently the OSM database is published as a CC-BY-SA work.  If that content

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Francis Davey
On 17 April 2011 12:09, andrzej zaborowski balr...@gmail.com wrote: I asked a similar question in http://lists.openstreetmap.org/pipermail/legal-talk/2010-August/004270.html and the answer (which I can't find now) from Frederik and others is that most likely your contribution in this case

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On 17 April 2011 12:09, andrzej zaborowski balr...@gmail.com wrote: I asked a similar question in http://lists.openstreetmap.org/pipermail/legal-talk/2010-August/004270.html and the answer (which I can't find now) from Frederik and others is that most likely your contribution in this case

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Francis Davey
On 17 April 2011 13:30, 80n 80n...@gmail.com wrote: The question is whether you can upload a CC-BY-SA licensed work under any other license than CC-BY-SA? I am sorry if I misunderstood your original question. I am not quite sure I understand this one. What do you mean by upload .. .under a

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Rob Myers
On 17/04/11 14:17, Francis Davey wrote: Clause 4(b) permits the distribution of the work under certain other licences, including Creative Commons Compatible Licence(s). Its a bafflingly drafted licence (if I may say) since it also says You may not sublicense the Work (in clause 4(a)) which

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Francis Davey
On 17 April 2011 14:23, Rob Myers r...@robmyers.org wrote: Have you bought this up on cc-community? If not please could you. :-) That hadn't occurred to me. I'm afraid I tend to be reactive - time's a bit limited for anything else. Also I assume they have expensive (or at least skilled)

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 2:17 PM, Francis Davey fjm...@gmail.com wrote: On 17 April 2011 13:30, 80n 80n...@gmail.com wrote: The question is whether you can upload a CC-BY-SA licensed work under any other license than CC-BY-SA? I am sorry if I misunderstood your original question. I am not

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Grant Slater
On 17 April 2011 16:56, 80n 80n...@gmail.com wrote: On Sun, Apr 17, 2011 at 2:17 PM, Francis Davey fjm...@gmail.com wrote: On 17 April 2011 13:30, 80n 80n...@gmail.com wrote: The question is whether you can upload a CC-BY-SA licensed work under any other license than CC-BY-SA? I am sorry if

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread Francis Davey
On 17 April 2011 16:56, 80n 80n...@gmail.com wrote: Sorry, I was using jargon here which probably only makes sense to those very familiar with the OSM context.  I'll try to make myself a little clearer. Suppose there is a creative work that has been published with a CC-BY-SA license.  

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 5:39 PM, Francis Davey fjm...@gmail.com wrote: On 17 April 2011 16:56, 80n 80n...@gmail.com wrote: Sorry, I was using jargon here which probably only makes sense to those very familiar with the OSM context.  I'll try to make myself a little clearer. Suppose there is

Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 8:23 PM, Francis Davey fjm...@gmail.com wrote: On 17 April 2011 19:29, 80n 80n...@gmail.com wrote: I'm not clear about what you mean here.  Can you spell it out please? What does 'it' refer to in this sentence? why do you say obviously? And in what sense you mean can?