Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-07 Thread Matt Amos
On Tue, Jun 7, 2011 at 10:44 AM, Ed Avis e...@waniasset.com wrote: Grant Slater openstreetmap@... writes: - block anyone who says no from contributing and presto! you have your 2/3 majority of active contributors. Reality check... So to steal all our precious data and kick the majority of the

[OSM-legal-talk] list of user IDs having accepted the contributor terms

2010-10-09 Thread Matt Amos
as part of the voluntary relicensing phase of the move to ODbL, existing contributors have had the ability to voluntarily accept the contributor terms. to help the community assess the impact of the relicensing it was planned to make the information about which accounts have agreed available. this

Re: [OSM-legal-talk] public transport routing and OSM-ODbL

2010-07-08 Thread Matt Amos
I agree with Andy. This is what I understand the ODbL to be saying. Unfortunately, as with any legal text, its difficult to read and this is an unavoidable consequence of the legal system. If you need interpretation of the license, new or old, the best route may be to consult a lawyer. Cheers,

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Tue, Jan 5, 2010 at 9:24 PM, Simon Ward si...@bleah.co.uk wrote: The upgrade clause in the ODbL should be sufficient for any future licensing, and if the change is away from that, I expect as a contributor to be consulted about it. any change away from that must be chosen by a vote of the

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Wed, Jan 6, 2010 at 12:41 AM, Simon Ward si...@bleah.co.uk wrote: On Wed, Jan 06, 2010 at 12:21:41AM +, Matt Amos wrote: It may suit you, as a consumer of OSM data, to not give a damn about contributing back to the project, but that's not what OSM is about. i'm both a producer

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Matt Amos
On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would be acceptable? The current situation is acceptable.  We all grant a license to everyone under CC-BY-SA. which ranges from being basically PD in some

Re: [OSM-legal-talk] Answer the questions!

2009-12-22 Thread Matt Amos
On Tue, Dec 22, 2009 at 10:19 AM, Lulu-Ann lulu-...@gmx.de wrote: the end of voting comes closer and nobody has answered the questions on the license use cases page yet. http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases i think i got them all. and the answers mainly came from

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 7:37 AM, 80n 80n...@gmail.com wrote: It's clearly not the same difficulty.   And the point of this is that it's going to be almost impossible to detect a derived database in use.  You said yourself that you'd just assume that anyone processing OSM data would be presumed

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 6:27 PM, Anthony o...@inbox.org wrote: On Sun, Dec 13, 2009 at 1:08 PM, Matt Amos zerebub...@gmail.com wrote: On Sun, Dec 13, 2009 at 3:37 PM, Anthony o...@inbox.org wrote: On Sun, Dec 13, 2009 at 2:37 AM, 80n 80n...@gmail.com wrote: The example I described above

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Matt Amos
On Sun, Dec 13, 2009 at 8:41 PM, Anthony o...@inbox.org wrote: On Sun, Dec 13, 2009 at 3:01 PM, Matt Amos zerebub...@gmail.com wrote: On Sun, Dec 13, 2009 at 6:27 PM, Anthony o...@inbox.org wrote: Okay, so if company C makes derived database and gives it to company D, then company D

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 12:07 PM, Frederik Ramm frede...@remote.org wrote: Hi,    OdbL has this requirement where, if you publish a produced work based on a derived database, you also have to publish either (a) the derived database or (b) a diff allowing someone to arrive at the derived

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 3:43 PM, 80n 80n...@gmail.com wrote: On what basis can you demand from company B that they release their intermediate database?  You don't know (for sure) that they have an intermediate database.  The ODbL doesn't give you any rights to ask company A to warrant that

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 8:20 PM, 80n 80n...@gmail.com wrote: On Sat, Dec 12, 2009 at 8:09 PM, Matt Amos zerebub...@gmail.com wrote: On Sat, Dec 12, 2009 at 6:30 PM, 80n 80n...@gmail.com wrote: On Sat, Dec 12, 2009 at 4:13 PM, Matt Amos zerebub...@gmail.com wrote: On Sat, Dec 12, 2009 at 3

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 9:03 PM, 80n 80n...@gmail.com wrote: On Sat, Dec 12, 2009 at 8:44 PM, Matt Amos zerebub...@gmail.com wrote: a lack of attribution is evident, but whether they're using OSM data isn't. you have no grounds for suspicion, but you might have a gut instinct. what do you do

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Matt Amos
On Sat, Dec 12, 2009 at 10:45 PM, 80n 80n...@gmail.com wrote: On Sat, Dec 12, 2009 at 9:20 PM, Matt Amos zerebub...@gmail.com wrote: are there easter eggs in OSM? i thought we followed the on the ground rule? ;-) The two are not mutually exclusive.  Ordnance Survey are well known for having

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Matt Amos
On Tue, Dec 8, 2009 at 1:52 PM, 80n 80n...@gmail.com wrote: On Tue, Dec 8, 2009 at 12:57 PM, Richard Weait rich...@weait.com wrote: On Tue, Dec 8, 2009 at 7:40 AM,  mapp...@sheerman-chase.org.uk wrote: Hi, A quick question for the legal people: does ODbL allow the project to be

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Matt Amos
On Wed, Dec 9, 2009 at 12:21 AM, 80n 80n...@gmail.com wrote: On Wed, Dec 9, 2009 at 12:14 AM, Matt Amos zerebub...@gmail.com wrote: it's in that spirit, but it's also worth pointing out that we aren't asking for copyright assignment or any other rights assignment. that's a subtle, but often

Re: [OSM-legal-talk] Are closed issues really closed post ODbL data removal plan

2009-12-07 Thread Matt Amos
On Sun, Dec 6, 2009 at 8:36 PM, Ævar Arnfjörð Bjarmason ava...@gmail.com wrote: So my question is:  1. The closed issue I referred to contains the text OSMF counsel does not believe on something that seems to have fundamental significance to how the transition will be performed. Specifically

Re: [OSM-legal-talk] Fwd: question about commercial use. import of data in OSM format

2009-12-04 Thread Matt Amos
On Fri, Dec 4, 2009 at 10:36 AM, Jukka Rahkonen jukka.rahko...@mmmtike.fi wrote: Iván Sánchez Ortega i...@... writes: From: paul everett tap...@... What happens if the user imports an OSM file and I convert it to a virtual city model ? Then the city model has to be licensed the same

Re: [OSM-legal-talk] [OSM-talk] cloudmade maps copyright terms and conditions

2009-12-01 Thread Matt Amos
On Tue, Dec 1, 2009 at 3:54 PM, Anthony o...@inbox.org wrote: On Tue, Dec 1, 2009 at 7:01 AM, Roy Wallace waldo000...@gmail.com wrote: On Tue, Dec 1, 2009 at 9:41 PM, Martin Koppenhoefer dieterdre...@gmail.com wrote: If I have data derived from OSM data, do I have to distribute it? The

Re: [OSM-legal-talk] Extent of share alike?

2009-11-03 Thread Matt Amos
On Tue, Nov 3, 2009 at 5:48 AM, David Vaarwerk da...@mineraldata.com.au wrote: Thanks for your all the responses, they do help. I think keeping the map and the business data separate with a double license is the best solution as suggested. So I will have a map with only OSM data, obviously

Re: [OSM-legal-talk] Extent of share alike?

2009-11-02 Thread Matt Amos
On 11/2/09, David Vaarwerk da...@mineraldata.com.au wrote: I have made a map and business guide from scratch that you can see here http://www.mineraldata.com.au/wp/index.html [1]. I would like to share the map data with OSM and use OSM as a base map for this and other maps/ business guides - I

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 11:20 AM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: you'd happily support distributing the data under a license which is not likely to protect it? I happily support the status quo, where map data is freely available under CC share-alike terms

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:19 PM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: Dr Evil doesn't need an unlimited legal budget - he just needs to live in a country where non-creative data isn't copyrightable. ...and in a country where it is crystal clear that the OSM data

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:47 PM, Ed Avis e...@waniasset.com wrote: Remember, though, that there are huge transaction costs associated with any licence switch.  Even if you agree that CC-BY-SA is less than ideal, it might be better than deleting big chunks out of the database and alienating

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 2:54 PM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: we at the LWG have been working very hard to produce the license that we think the majority of OSM contributors want. a large amount of previous discussion on this and the talk MLs has suggested

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 3:24 PM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: let's say, for a moment, that CC BY-SA definitely doesn't work and isn't an option. what would you do? if you'd move to a new license, which license? I would prefer one which is CC-compatible

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: let's assume some data are taken and modified and used to generate tiles. the ODbL would require that the modified data are made available, regardless of the license of the tiles. if the data were effectively-PD

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: these sites are in non-compliance with the license http://wiki.openstreetmap.org/wiki/Lacking_proper_attribution Would switching to ODBL (or any licence) solve this particular problem? quite possibly, since ODbL

Re: [OSM-legal-talk] Question regarding commercial use

2009-10-27 Thread Matt Amos
On Mon, Oct 26, 2009 at 5:11 PM, Sven Benhaupt sven.benha...@googlemail.com wrote: 2009/10/26 Frederik Ramm frede...@remote.org Thanks a lot for your quick answer, this was very helpful for me. If so - would it also be legally ok if I would create a print map Yes, but the printed map is not

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-27 Thread Matt Amos
On Tue, Oct 27, 2009 at 1:06 PM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: [CC-BY-SA unclear, or not permissive enough?] We know for a fact that a number of people (especially people that have asked their lawyers for an opinion) have indeed decided not to use our data

Re: [OSM-legal-talk] What should be considered legal?

2009-10-24 Thread Matt Amos
On 10/24/09, Martin Koppenhoefer dieterdre...@gmail.com wrote: 2009/10/21 rhn opstmaac@porcupinefactory.org: I'm a mapper for more than a year, and I know a little bit about intellectual property, but some questions have been puzzling me for quite some time. First of them - how much is

Re: [OSM-legal-talk] ODbL virality questions

2009-10-07 Thread Matt Amos
On Wed, Oct 7, 2009 at 12:21 AM, Dan Karran d...@karran.net wrote: What would happen if the beerintheOSM site encouraged their users to add new pubs to their site, would that data - the equivalent of what would have come from OSM, had they come from there - need to be released as well, or

Re: [OSM-legal-talk] reciprocal data agreements

2009-10-07 Thread Matt Amos
On Wed, Oct 7, 2009 at 6:50 AM, Frederik Ramm frede...@remote.org wrote: Richard, Richard Weait wrote: Imagine a data provider using perhaps cc-by, or a BSD style permissive license contributes their data to OSM. Imagine then that they would like to monitor changes in OSM to data that

Re: [OSM-legal-talk] ODbL virality questions

2009-10-07 Thread Matt Amos
On Wed, Oct 7, 2009 at 3:59 PM, Frederik Ramm frede...@remote.org wrote: Hi, Matt Amos wrote: this is the crux of the question. the ODbL makes no distinction between lat/lon data, ID data, or any other sort of data. so the question then becomes; if i'm using some data from an ODbL database

Re: [OSM-legal-talk] ODbL virality questions

2009-10-06 Thread Matt Amos
On Tue, Oct 6, 2009 at 1:42 PM, Andrew Turner ajtur...@highearthorbit.com wrote: On 2 Oct 2009, at 18:06, Matt Amos wrote: hi legals, i've come across a couple of interesting questions / use-cases for the ODbL and wider discussion. it basically reduces to whether we want the ODbL to have

Re: [OSM-legal-talk] ODbL virality questions

2009-10-05 Thread Matt Amos
On 10/5/09, Laurence Penney l...@lorp.org wrote: It seemed clear that such data extractions would not be considered public domain, simply by virtue of having no grid reference or lat- long. They were part of MasterMap, hence regarded as chargeable data. that's the suck-'em-dry licensing model

Re: [OSM-legal-talk] distribution

2009-10-02 Thread Matt Amos
On Fri, Oct 2, 2009 at 2:33 PM, Greg Holloway peanutzkingpeng...@hotmail.com wrote: Date: Fri, 2 Oct 2009 10:19:01 + From: ava...@gmail.com To: legal-talk@openstreetmap.org Subject: Re: [OSM-legal-talk] distribution On Thu, Oct 1, 2009 at 2:22 PM, Greg Holloway

[OSM-legal-talk] ODbL virality questions

2009-10-02 Thread Matt Amos
hi legals, i've come across a couple of interesting questions / use-cases for the ODbL and wider discussion. it basically reduces to whether we want the ODbL to have viral (GPL-like) behaviour, or whether it should be less viral (LGPL-like). we've discussed this at an LWG meeting and the general

Re: [OSM-legal-talk] Protection time of ODbL

2009-09-30 Thread Matt Amos
On Wed, Sep 30, 2009 at 8:45 AM, Frederik Ramm frede...@remote.org wrote: Matt Amos wrote:   And 2. you are wrong because ODBL tries exactly that, to assert rights over the collection even in jurisdictions where there are none, by invoking the idea of a contract - so where is it written

Re: [OSM-legal-talk] New license status

2009-09-29 Thread Matt Amos
On Tue, Sep 29, 2009 at 2:04 PM, James Livingston doc...@mac.com wrote: On 28/09/2009, at 11:16 PM, Gustav Foseid wrote: Well... There is no copyright that expires after 15 years. Sui generis database rights expire after 15 years, but copyright is hardly very relevant for an OpenStreetMap

Re: [OSM-legal-talk] New license status

2009-09-29 Thread Matt Amos
On Tue, Sep 29, 2009 at 4:09 PM, Frederik Ramm frede...@remote.org wrote: Hi, James Livingston wrote: On 28/09/2009, at 11:16 PM, Gustav Foseid wrote: Well... There is no copyright that expires after 15 years. Sui generis database rights expire after 15 years, but copyright is hardly very

Re: [OSM-legal-talk] attribution of data for use on TV

2009-09-19 Thread Matt Amos
On 9/19/09, Peter Miller peter.mil...@itoworld.com wrote: On 19 Sep 2009, at 04:38, Paul Johnson wrote: On Wed, 2009-09-16 at 23:19 -0500, tele...@hushmail.com wrote: My question is what type of attribution is appropriate? I have no problem informing my end-users where I get the data. More

Re: [OSM-legal-talk] attribution of data for use on TV

2009-09-17 Thread Matt Amos
On 9/17/09, Frederik Ramm frede...@remote.org wrote: Hi, tele...@hushmail.com wrote: My question is what type of attribution is appropriate? I think I'm speaking for the majority of contributors when I say that having the credits in the credits roll at the end of a TV production is

Re: [OSM-legal-talk] Monopoly City Streets

2009-09-09 Thread Matt Amos
On 9/9/09, Ed Avis e...@waniasset.com wrote: Iván Sánchez Ortega i...@... writes: By the sound of that, it seems that they're joining up the GMaps data and the OSM data, and filtering out the street names in common. I think that their DB is a derivative work of the OSM data and that share-alike

Re: [OSM-legal-talk] ODbL: Where do we stand regarding collective/derivative databases

2009-07-28 Thread Matt Amos
On Tue, Jul 28, 2009 at 9:56 AM, Dave Stubbsosm.l...@randomjunk.co.uk wrote: On Tue, Jul 28, 2009 at 2:54 AM, Frederik Ramm frede...@remote.org wrote: Hi, Matt Amos wrote: LWG cannot entirely resolve these questions, as they need open discussion and community consensus (which we obviously

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

2009-07-04 Thread Matt Amos
On Sat, Jul 4, 2009 at 2:11 PM, Frederik Rammfrede...@remote.org wrote: Hi, Ulf Möller wrote: No (though you will often see small print disclaimers on them). The idea of restricting access to age 13+ strikes me as odd in the extreme. When I get some time I'll do some research into what is

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 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] Privacy and Terms

2009-07-02 Thread Matt Amos
On Thu, Jul 2, 2009 at 1:20 PM, Ed Avise...@waniasset.com wrote: As far as I can tell Wikipedia doesn't have 'terms and conditions' on the website, despite being equally dependent on user contributions and with more scope for legal risk from libel, offensive content and so on.

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

2009-07-02 Thread Matt Amos
On Thu, Jul 2, 2009 at 10:20 PM, Ed Avise...@waniasset.com wrote: Matt Amos zerebub...@... writes: http://wikimediafoundation.org/wiki/Terms_of_Use http://wikimediafoundation.org/wiki/Privacy_policy see also the terms at the bottom of every edit box. These terms and conditions don't try

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

2009-07-02 Thread Matt Amos
On Fri, Jul 3, 2009 at 3:20 AM, Matt Amoszerebub...@gmail.com wrote: On Thu, Jul 2, 2009 at 10:20 PM, Ed Avise...@waniasset.com wrote: Matt Amos zerebub...@... writes: http://wikimediafoundation.org/wiki/Terms_of_Use http://wikimediafoundation.org/wiki/Privacy_policy see also the terms

Re: [OSM-legal-talk] Translations of osm.org

2009-06-22 Thread Matt Amos
On Mon, Jun 22, 2009 at 10:17 PM, Frederik Rammfrede...@remote.org wrote: Jonas Krückel wrote: And the second question is, if it is allowed to translate the agreement for the user at the sign up process (a word was ported about the license, I don't really now what this means here)? If we

Re: [OSM-legal-talk] ODbL RC and share-alike licensing of Produced Works

2009-06-09 Thread Matt Amos
On Tue, Jun 9, 2009 at 9:07 AM, Frederik Rammfrede...@remote.org wrote: Matt Amos wrote: my understanding is that, because we have database rights (and possibly other IP rights) in the original database, the re-created database is still (a substantial extract of) an ODbL licensed database

Re: [OSM-legal-talk] ODbL RC and share-alike licensing of Produced Works

2009-06-08 Thread Matt Amos
On Tue, Jun 9, 2009 at 12:12 AM, Frederik Rammfrede...@remote.org wrote: Before, the reverse engineering clause would have kicked in and forced FSM to be under ODBL. In the future, the above will be fully legal, and the resulting FSM database, which contains facts derived from OSM data but

Re: [OSM-legal-talk] Produced Work guideline working

2009-05-23 Thread Matt Amos
On Fri, May 22, 2009 at 11:01 PM, Frederik Ramm frede...@remote.org wrote: Mike Collinson wrote: If it was intended for the extraction of the original data, then it is a database and not a Produced Work. Otherwise it is a Produced Work. We can clearly define things that are USUALLY Produced

Re: [OSM-legal-talk] QA with a lawyer

2009-05-13 Thread Matt Amos
On Wed, May 13, 2009 at 7:36 AM, Peter Miller peter.mil...@itoworld.com wrote: There is both the situation were OSM bulk-imports some data from another source into OSM that is published as ODbL where the original data owner can not be contacted which I would hope would be possible, under the

Re: [OSM-legal-talk] QA with a lawyer

2009-05-12 Thread Matt Amos
On Tue, May 12, 2009 at 10:13 AM, Frederik Ramm frede...@remote.org wrote: the OSMF LWG recently had a couple of calls with Clark Asay, who has generously agreed to give OSMF legal advice concerning the new license. i've attached the write up of the first of the calls Was that based on the

Re: [OSM-legal-talk] QA with a lawyer

2009-05-12 Thread Matt Amos
On Wed, May 13, 2009 at 1:15 AM, Frederik Ramm frede...@remote.org wrote: ...and Peter Miller's concerns are legit: If you are the licensor, then, under 4.4.d... Licensors may authorise a proxy to determine compatible licences under Section 4.4 a iii. If they do so, the authorised proxy's

[OSM-legal-talk] QA with a lawyer

2009-05-11 Thread Matt Amos
the OSMF LWG recently had a couple of calls with Clark Asay, who has generously agreed to give OSMF legal advice concerning the new license. i've attached the write up of the first of the calls, in which we went over a series of short questions that grant and i had previously extracted from ulf's

Re: [OSM-legal-talk] QA with a lawyer

2009-05-11 Thread Matt Amos
On Tue, May 12, 2009 at 3:17 AM, Peter Miller peter.mil...@itoworld.com wrote: I have just concluded an email discussion with Jordan following our lawyers review of 1.0 who has answered some points but is now saying that he would need someone to pay him to answer more of them which leaves