Re: [OSM-legal-talk] PD declaration non binding?

2010-08-09 Thread Anthony
On Mon, Aug 9, 2010 at 5:53 AM, Ed Avis e...@waniasset.com wrote: Frederik Ramm frede...@... writes: By the way, the database right exists - in certain jurisdictions like the EU - even if it is not asserted. That means, OSMF is likely to hold database rights over the database even today. But

Re: [OSM-legal-talk] PD declaration non binding?

2010-08-08 Thread Russ Nelson
Andy Allan writes: Never mind what Richard says, there's also some other points 1) You can't actually put anything into the public domain in most jurisdictions. The best you can do yourself is use a special license, such as CC0, which achieves similar results, but strictly isn't the same

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Rob Myers
On 07/25/2010 05:24 PM, Anthony wrote: So why hasn't OSMF moved OSM to CC-BY-SA 3.0? The upgrade clause makes that nearly as simple as sed 's/2.0/3.0/g' index.html, right? Nearly. But at least one major contribution to OSM is from a jurisdiction where the 2.0 licences included the EU DB

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Grant Slater
On 25 July 2010 18:49, Todd Huffman huffma...@gmail.com wrote: Can you point me to a reference on this?  Ideally there would be a resource which laid out which jurisdictions one can put something into public domain. LMGTFY; http://www.linuxjournal.com/article/6225 / Grant

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 4:56 AM, Rob Myers r...@robmyers.org wrote: On 07/25/2010 05:24 PM, Anthony wrote: So why hasn't OSMF moved OSM to CC-BY-SA 3.0? The upgrade clause makes that nearly as simple as sed 's/2.0/3.0/g' index.html, right? Nearly. But at least one major contribution to

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Rob Myers
On 07/26/2010 05:30 PM, Anthony wrote: You said yourself that the database right doesn't have to be asserted. Yes, I should have said do waive, not don't assert. No one can assert the database right on a derivative of the OSM database, because they'd need the permission of the maker of the

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 1:06 PM, Rob Myers r...@robmyers.org wrote: On 07/26/2010 05:30 PM, Anthony wrote: No one can assert the database right on a derivative of the OSM database, because they'd need the permission of the maker of the database to do so. Not if OSM(F) waive their own

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread TimSC
On 25/07/10 01:17, Richard Weait wrote: Sure, they all might the great guys as of now, but suppose OSM becomes importatnt enough to big players, who says TeleAtlas or Google or someone won't get say new 1000 members in OSMF and have a strong majority of votes to pass any such thing? it's not

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Frederik Ramm
Hi, TimSC wrote: Richard and Frederik observed that a database right is probably owned by someone and that someone might be (partly) OSMF. By the way, the database right exists - in certain jurisdictions like the EU - even if it is not asserted. That means, OSMF is likely to hold database

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Fri, Jul 23, 2010 at 9:37 AM, Richard Fairhurst rich...@systemed.netwrote: Ok. There are two types of rights in OSM in its broadest sense: a) the rights in the individual contributions b) the rights in the database as a whole The user preference refers to (a). So your choice for a is

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Sun, Jul 25, 2010 at 6:21 AM, Frederik Ramm frede...@remote.org wrote: By the way, the database right exists - in certain jurisdictions like the EU - even if it is not asserted. That means, OSMF is likely to hold database rights over the database even today. But CC-BY-SA says nothing about

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Todd Huffman
Can you point me to a reference on this? Ideally there would be a resource which laid out which jurisdictions one can put something into public domain. Thanks, Never mind what Richard says, there's also some other points 1) You can't actually put anything into the public domain in most

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread andrzej zaborowski
On 25 July 2010 12:21, Frederik Ramm frede...@remote.org wrote: TimSC wrote: We should also get an official statement from OSMF that they will not assert their database rights on our contributions. Of course if OSMF were to say that they don't assert database right on any contribution made

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Sun, Jul 25, 2010 at 2:50 PM, andrzej zaborowski balr...@gmail.comwrote: On 25 July 2010 12:21, Frederik Ramm frede...@remote.org wrote: TimSC wrote: We should also get an official statement from OSMF that they will not assert their database rights on our contributions. Of course if

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-24 Thread Matija Nalis
On Fri, 23 Jul 2010 07:05:02 -0700 (PDT), Richard Fairhurst rich...@systemed.net wrote: TimSC wrote: In that case, is it legally sound if I download my own contribution due, to database rights? Difficult to say - I can see an argument either way. A database right certainly exists and

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-24 Thread Richard Weait
On Sat, Jul 24, 2010 at 7:55 PM, Matija Nalis mnalis-gm...@voyager.hr wrote: On Fri, 23 Jul 2010 07:05:02 -0700 (PDT), Richard Fairhurst rich...@systemed.net wrote: TimSC wrote: In that case, is it legally sound if I download my own contribution due, to database rights? Difficult to say -

[OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread TimSC
Hi again, legal question this time, This is mainly aimed at the LWG but others might have a view. I was wondering, why isn't the PD declaration binding, according to the wiki page? http://wiki.openstreetmap.org/wiki/Why_would_I_want_my_contributions_to_be_public_domain If you declare your

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread Richard Fairhurst
now be distributed as PD or anything else, because there were no rights in the original contribution and I disclaim any rights from my surveying. Fun, isn't it? cheers Richard -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-PD-declaration-non-binding

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread Frederik Ramm
Tim, TimSC wrote: I don't get that impression when I read the wiki. It says it is only a statement and making this statement does not change what people can do with your data. Looking at the wiki, those lines were written by Frederik Ramm. I guess I'll ask him what he intended. I would very

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread Andy Allan
On Fri, Jul 23, 2010 at 1:06 PM, Richard Fairhurst rich...@systemed.net wrote: Fun, isn't it? No, the fun is when you tick that box, then potlatch reads that from the API and disables the mapnik, opencyclemap and OS Opendata backgrounds :-) Cheers, Andy

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread Frederik Ramm
Hi, Andy Allan wrote: 3) I can consider my edits public domain to my heart's content, but if they are based on other people's non-PD edits, then they aren't going to be fully PD. I think in the wake of the license change we will have to develop a number of very interesting metrics telling us

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-23 Thread TimSC
On 23/07/10 12:39, Richard Fairhurst wrote: If you could magically get at the PD data without accessing it from the OSM database (i.e. you asked the user for a local copy that they had saved on their computer before uploading it to OSM), then the PD declaration on its own would be sufficient.