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

2010-12-15 Thread Robert Kaiser
Francis Davey schrieb: There seems (to me) to be nothing wrong in principle in holding a vote by email You mean other than emails being easily falsified and there's not even the slightest guarantee that a normal email is transmitted to the right recipient correctly. or indeed by any other

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

2010-12-15 Thread Francis Davey
On 15 December 2010 19:06, Robert Kaiser ka...@kairo.at wrote: Francis Davey schrieb: There seems (to me) to be nothing wrong in principle in holding a vote by email You mean other than emails being easily falsified and there's not even the slightest guarantee that a normal email is

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

2010-12-14 Thread Francis Davey
On 13 December 2010 22:46, Anthony o...@inbox.org wrote: It's unclear to me whether a 2/3 majority of active contributors have to vote yes, or merely 2/3 of some unspecified quorum of active contributors. It is extremely unlikely that any English court would think so. The phrase a 2/3

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

2010-12-14 Thread Jukka Rahkonen
Francis Davey fjm...@... writes: On 13 December 2010 22:46, Anthony o...@... wrote: It's unclear to me whether a 2/3 majority of active contributors have to vote yes, or merely 2/3 of some unspecified quorum of active contributors. It is extremely unlikely that any English court

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

2010-12-14 Thread Frederik Ramm
Hi, 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 contributors. The turnout percentage in the kind of poll mandated by the CT will be 100%: An 'active contributor' is

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

2010-12-14 Thread Francis Davey
On 14 December 2010 09:28, Jukka Rahkonen jukka.rahko...@latuviitta.fi 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 contributors.  It is nowadays a good percentage even in the election of the parliament.

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

2010-12-14 Thread Frederik Ramm
Francis, On 12/14/10 10:38, Francis Davey wrote: Anyway, this is a governance issue rather than a legal one. As drafted the CT's will require 2/3 of all active contributors, not merely those who vote. As written in another message, I believe that in this case an active contributor is one who

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

2010-12-14 Thread Jukka Rahkonen
Frederik Ramm frede...@... writes: Hi, 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 contributors. The turnout percentage in the kind of poll mandated by the CT

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 Francis Davey
On 14 December 2010 15:21, Anthony o...@inbox.org wrote: I wouldn't suggest a paper ballot either. What would you suggest? A website with some form of authentication given to contributors when they sign up to the CT's? -- Francis Davey ___

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 Robert Kaiser
Anthony schrieb: On Fri, Dec 10, 2010 at 9:33 AM, Robert Kaiserka...@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

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

2010-12-12 Thread Francis Davey
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 as legalese as I've said before. The CT's don't say 67% they say 2/3,

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

2010-12-12 Thread Rob Myers
On 11/12/10 18:31, Simon Ward wrote: Then I don’t know how to argue against fear (or rationale based on fear). Do you have any pointers? :) My argument is neither motivated by fear nor requires fear in order to make the point that I believe it does. And I do not believe that the general

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 Rob Myers
On 11/12/10 03:26, Simon Ward wrote: On Fri, Dec 10, 2010 at 09:57:38AM +, Rob Myers wrote: On 10/12/10 09:10, Simon Ward wrote: Fear, uncertainty, and doubt. Meme. I just said in another thread that I would be happier if the OKD was explicitly referenced. I don't think the future

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 11:08:11AM +, Rob Myers wrote: To me the OKD fits with the spirit of OSM. I don’t think it’s sufficient by itself, but I can’t win everything. You ask me how I find it limiting, then you say you'd rather not be limited by it? No. I said I don’t think it is

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 11:08:11AM +, Rob Myers wrote: I think it is something reasonable to refer to, and for those actually supporting open data is a very good definition. OSM I agree. doesn’t have t to stick to the OKD, but I think you are wrong in dismissing it entirely. You

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

2010-12-11 Thread Rob Myers
On 11/12/10 12:10, Simon Ward wrote: You think: OSM should not be limited by an external definition. OKD is one such external definition, but you do not find it limiting, You think the OKD is excellent (independently of whether it would be a good idea for OSMF to reference it). I can’t

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 12:38:22PM +, Rob Myers wrote: I can’t quite put that together logically to form a conclusion, but I think it’s inferred that, despite *you* not finding the OKD limiting, you feel that OSM would be limited by it. So I have to ask, is that correct? I feel that

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

2010-12-11 Thread Rob Myers
On 11/12/10 12:42, Simon Ward wrote: I think it is unnecessary to leave it wide open. free and open doesn't leave it wide open. I don’t necessarily want relicensing to be prevented, but I think doing it should be discouraged. The Wikipedia relicensing was similarly a big effort, and they

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

2010-12-11 Thread Rob Myers
On 11/12/10 13:14, Simon Ward wrote: So “free and open” *is* intended to mean something different (inferred I would certainly hope not. I’m probably asking the wrong things, but I’ll try again: Is “free and open” intended in the sense that you are free to use, analyse, modify, and

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 Rob Myers
On 10/12/10 02:17, Simon Ward wrote: If there’s any ambiguity, I’d rather remove as much of it as possible. This includes being precise about the possible licences, especially as “free” or “open” isn’t to my knowledge legally defined. But we don't know the possible licence. It may not yet

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

2010-12-10 Thread Francis Davey
On 10 December 2010 08:28, Francis Davey fjm...@gmail.com wrote: Eg, the open government licence (UK) requires that certain conditions are met, eg that data protection rules are not broken and that a form of attribution is used. The contributor would be in breach of the licence if they

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

2010-12-10 Thread Frederik Ramm
Hi, On 12/10/10 03:09, Simon Ward wrote: We are expected to give OSMF broad rights and trust them to do what’s good, yet if a contributor should attempt to assert their rights it is deemed unjust, unfair to the community, or whatever other daemonising you can think of. The balance is wrong,

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

2010-12-10 Thread Ed Avis
Grant Slater openstreet...@... writes: The definition of active contributor can probably be altered by the simple expedient of blocking contributions from those who don't click 'agree' to any proposed new policy. OSMF would have to block 1000s [1] of contributors/mappers for a period of at least

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

2010-12-10 Thread Ed Avis
Frederik Ramm frede...@... writes: Or OSMF could simply sell off the servers, have a grand board meeting on the Maledives with all expenses paid, and declare bankruptcy afterwards. Oh wait, they can do that even now. I do rather agree with you that trying to nail down and exclude all the

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

2010-12-10 Thread Simon Ward
In general, I think you completely miss the point. Wherever you might like me to go, I am part of the community, so are all of the other people who disagree with you. If a small number of people coming up with the CTs wants to ignore me and others for the sake of getting something out, then I

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

2010-12-10 Thread Rob Myers
On 10/12/10 09:10, Simon Ward wrote: If the change is so different that it is not covered in an explicit list of licences *and* their upgrades that were agreed to by contributors, then actually, yes, I want to tie people’s hands from making such a change. It should be substantially harder, not

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

2010-12-10 Thread 80n
On Fri, Dec 10, 2010 at 9:57 AM, Rob Myers r...@robmyers.org wrote: Yes, an upgrade clause is (on balance) good, although some people regard that loss of control as immoral in itself. But that already removes the control of individuals over the licencing other individuals can use in the

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] CT clarification: third-party sources

2010-12-10 Thread Robert Kaiser
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? Robert Kaiser ___ legal-talk mailing list

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 Ed Avis
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 minority of one) on this point so I don't bang on about it *too* often

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] CT clarification: third-party sources

2010-12-10 Thread Simon Ward
On Fri, Dec 10, 2010 at 09:57:38AM +, Rob Myers wrote: On 10/12/10 09:10, Simon Ward wrote: If the change is so different that it is not covered in an explicit list of licences *and* their upgrades that were agreed to by contributors, then actually, yes, I want to tie people’s hands from

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

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

2010-12-09 Thread pec...@gmail.com
Hi everyone! To clarify my criticism/confusion with CT: 1) I'm not against ODbL. It is nice idea and I wholeheartedly support it; 2) I'm not against general idea of CT, I understand why it is needed; My confusion and problem lies within fact, that while I can accept CT if I add only my own data

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

2010-12-09 Thread Mike Dupont
On Thu, Dec 9, 2010 at 11:01 AM, pec...@gmail.com pec...@gmail.com wrote: Hi everyone! To clarify my criticism/confusion with CT: 1) I'm not against ODbL. It is nice idea and I wholeheartedly support it; 2) I'm not against general idea of CT, I understand why it is needed; My confusion and

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

2010-12-09 Thread David Groom
- Original Message - From: pec...@gmail.com To: legal-talk@openstreetmap.org Sent: Thursday, December 09, 2010 10:01 AM Subject: [OSM-legal-talk] CT clarification: third-party sources Hi everyone! To clarify my criticism/confusion with CT: 1) I'm not against ODbL. It is nice

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

2010-12-09 Thread Grant Slater
On 9 December 2010 10:01, pec...@gmail.com pec...@gmail.com wrote: About three or four months ago there was discussion about adding clarification about free and open license, to add both share alike and attribution clauses. I don't think I'm being contrivertial when I say by far the majority

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

2010-12-09 Thread 80n
On 12/9/10, Frederik Ramm frede...@remote.org wrote: I think that, even more than free and open, share-alike is a term that is very difficult to define, and if one tries to define it, one will already have written half a new license. Share alike is a very simple thing to define. If you

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

2010-12-09 Thread pec...@gmail.com
2010/12/9 Frederik Ramm frede...@remote.org: Peter, pec...@gmail.com wrote: 1) I'm not against ODbL. It is nice idea and I wholeheartedly support it; 2) I'm not against general idea of CT, I understand why it is needed; My confusion and problem lies within fact, that while I can accept CT

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

2010-12-09 Thread Frederik Ramm
Hi, 80n 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. According to *that* definition, ODbL is not a share-alike license. The poster to whom I replied, however, seemed to be of the

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

2010-12-09 Thread Frederik Ramm
Hi, pec...@gmail.com wrote: Don't want to argue but it is what confuses me - from one side, you accept that data is published under ODbL which is attribution/share alike, but you can't request to keep this clauses in the future. If that's a story, then it is not fully explained to community.

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

2010-12-09 Thread Ed Avis
Grant Slater openstreet...@... writes: If at some mythical future date the OSMF decided to propose a new license; they would have to be damn sure at being able to convince at least 67% of us that this new proposed license was free and open on our terms. Well, 67% of 'active contributors' however

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

2010-12-09 Thread David Groom
- Original Message - From: Frederik Ramm frede...@remote.org To: Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Thursday, December 09, 2010 7:14 PM Subject: Re: [OSM-legal-talk] CT clarification: third-party sources Peter, pec...@gmail.com wrote: 1) I'm

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

2010-12-09 Thread Frederik Ramm
Hi, David Groom wrote: Your above paragrapgh neatly sums up to me why the CT's are incompatible with CC-BY, or CC-BY-SA, or indeed many more licences , in that compatability of the CT's could only be ensured if: (a) There was some technical mechanism for fallginf data which needs to be

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

2010-12-09 Thread David Groom
- Original Message - From: Frederik Ramm frede...@remote.org To: Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Friday, December 10, 2010 12:16 AM Subject: Re: [OSM-legal-talk] CT clarification: third-party sources Hi, David Groom wrote: Your above

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

2010-12-09 Thread Simon Ward
On Thu, Dec 09, 2010 at 11:15:27PM +, Ed Avis wrote: Of course the current OSMF management act in good faith and would never do such a thing, but in theory it is possible. We are expected to give OSMF broad rights and trust them to do what’s good, yet if a contributor should attempt to

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

2010-12-09 Thread Simon Ward
On Fri, Dec 10, 2010 at 01:16:44AM +0100, Frederik Ramm wrote: As I understood it, the old CTs basically required the contributor to guarantee that his contribution was compatible with the CT, while the new CTs only require the contributor to guarantee that his contribution is compatible with

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

2010-12-09 Thread Simon Ward
On Thu, Dec 09, 2010 at 08:50:41PM +, Grant Slater wrote: On 9 December 2010 10:01, pec...@gmail.com pec...@gmail.com wrote: About three or four months ago there was discussion about adding clarification about free and open license, to add both share alike and attribution clauses. I