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

2009-07-05 Thread Frederik Ramm
Hi, Russ Nelson wrote: On Jul 3, 2009, at 7:20 AM, Elizabeth Dodd wrote: It's a public site, no passwords, no sign up required to read it, so it's for the public to read. What if somebody posts hate speech (for the USAmericans)? What if somebody adds Nazi party mapping parties to the

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

2009-07-04 Thread Ulf Möller
Francis Davey schrieb: 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 going on in the US that makes them do this.

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

2009-07-04 Thread Frederik Ramm
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 going on in the US that makes them do this.

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] Privacy and Terms

2009-07-04 Thread Francis Davey
2009/7/4 Matt Amos zerebub...@gmail.com: i'll suggest that to our lawyer, but this might mean having more than two sets - apparently Canada and Australia have their own versions of COPPA. and i guess the EU has something similar. it may end requiring us to to have a different set of TsCs for

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

2009-07-04 Thread Ed Avis
Richard Fairhurst rich...@... writes: http://wiki.openstreetmap.org/wiki/Case_law http://wiki.openstreetmap.org/wiki/Statute_law Thanks, I've had a look at that. It seems to agree with the usual layman's view of the subject: that facts are not copyrightable, though the expression of them may

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

2009-07-04 Thread Russ Nelson
On Jul 3, 2009, at 7:20 AM, Elizabeth Dodd wrote: It's a public site, no passwords, no sign up required to read it, so it's for the public to read. What if somebody posts hate speech (for the USAmericans)? What if somebody adds Nazi party mapping parties to the calendar (for the

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

2009-07-03 Thread Francis Davey
2009/7/3 Russ Nelson r...@cloudmade.com: Indeed.  Consider what you would say if a lawyer looked at a program and said Why do we need all this codese? Speaking as a lawyer - albeit one who hasn't been on this list nearly long enough to have an opinion, I'm mostly just trying to learn where OSM

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

2009-07-03 Thread Ed Avis
Richard Fairhurst rich...@... writes: The licence should not try to impose additional restrictions on people beyond their own country's copyright law (and other applicable laws such as database right). In which case OSM becomes public domain. Are you saying that the OSM data, currently

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

2009-07-03 Thread Ed Avis
Matt Amos zerebub...@... writes: the personal use only stuff comes into the terms of service. you don't need to agree - it's simply a statement by OSMF that the site is intended for personal use and that any non-personal use of the site may result in service being withdrawn. Hmm. I guess not

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

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Ulf Möller wrote: It doesn't. It's just that during a review of the proposed license, a lawyer pointed out that it is good practice to have terms of use for the website. That recommendation would still stand if we chose not to change the license. I can't really comprehend

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

2009-07-03 Thread Elizabeth Dodd
On Fri, 3 Jul 2009, Francis Davey wrote: Put the lawyer back in the cage. Be nice 8-). This isn't (as far as I can see) about lawyers being unreasonable. I just get the impression that some people have had so much to do with lawyers while trying to get the database licence organised that

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

2009-07-03 Thread Ed Avis
Francis Davey fjm...@... writes: Many websites have terms and conditions (eg amazon and tesco) and they do so because using those sites goes beyond just having a browse but involves rather more interaction (including the handing over of money). In the case of OSM things don't go that far

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

2009-07-03 Thread Francis Davey
2009/7/3 Ed Avis e...@waniasset.com: Yes, which is why a contributor agreement is needed - but that does not mean you need a set of terms and conditions just to *read* the site. Yes and as is I hope clear from what I have written (although your use of the word but suggests possibly not) I do

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

2009-07-03 Thread Ed Avis
Francis Davey fjm...@... writes: Yes, which is why a contributor agreement is needed - but that does not mean you need a set of terms and conditions just to *read* the site. Yes and as is I hope clear from what I have written (although your use of the word but suggests possibly not) I do not

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

2009-07-03 Thread Francis Davey
2009/7/3 Ed Avis e...@waniasset.com: Hmm, I think I would argue that 'use of the data' is no consideration at all since I would have been able to use it anyway even without agreeing to the terms.  For example if I publish a copy of the King James Bible with a 'contract' at the front, and the

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

2009-07-03 Thread Richard Fairhurst
Ed Avis wrote: Richard Fairhurst rich...@... writes: I kind of think it should be compulsory for anyone posting to legal-talk to demonstrate that they have read, and understood, Rural vs Feist and Mason vs Montgomery. I will read those (anyone got a link?).

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 Ed Avis
I think if your planned licence change requires people to agree to these very lengthy and legalistic 'terms and conditions' then it's an indication that you are doing something wrong. As far as I can tell Wikipedia doesn't have 'terms and conditions' on the website, despite being equally

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 Ed Avis
Russ Nelson r...@... writes: Some of the stuff is there to help enforce the database license. If we had a license that didn't give us the occasion to sue anybody, we wouldn't need terms like that, but in fact we DO plan to sue SOMEBODY, sooner or later. And it's only reasonable to then be

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 to

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 at the

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

2009-07-02 Thread Russ Nelson
On Jul 2, 2009, at 6:58 PM, Richard Fairhurst wrote: Nonetheless if the OSM community wants a share-alike license, it has to use this sort of language. Indeed. Consider what you would say if a lawyer looked at a program and said Why do we need all this codese? -- Russ Nelson -

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

2009-06-29 Thread SteveC
On 29 Jun 2009, at 17:11, SteveC wrote: On 26 Jun 2009, at 14:57, Peter Miller wrote: On 24 Jun 2009, at 06:56, SteveC wrote: Dear all One of the things that's resulted from getting help with the license process is that it's been noticed we don't have a lot of the legal furniture, and

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

2009-06-28 Thread Mike Collinson
At 03:57 PM 26/06/2009, Peter Miller wrote: My concern here is to try to avoid creating an interesting target for 'carpet baggers' who may wish to 'privatise' OSM in the way that the mutual building societies were privatised in the past ten years in the UK.

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

2009-06-26 Thread Richard Fairhurst
Russ Nelson wrote: Do you wear a helmet when you ride a bicycle? Accidents resulting in TBI are very uncommon, but their consequences are very high and a helmet will protect you from many of those consequences. Fantastic. We have now found the one OSM-related argument guaranteed to result

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

2009-06-26 Thread Elizabeth Dodd
On Fri, 26 Jun 2009, Richard Fairhurst wrote: Do you wear a helmet when you ride a bicycle? Accidents resulting in TBI are very uncommon, but their consequences are very high and a helmet will protect you from many of those consequences. Fantastic. We have now found the one OSM-related

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

2009-06-26 Thread Russ Nelson
I was relying on information in this book. Feel free to disagree with John Forester (elsewhere), but my point applies to any unlikely event of bad consequences which can me mitigated at low cost.

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

2009-06-26 Thread Frederik Ramm
Hi, Russ Nelson wrote: I was relying on information in this book. Feel free to disagree with John Forester (elsewhere), but my point applies to any unlikely event of bad consequences which can me mitigated at low cost. At low cost is something that remains to be seen - with the initial

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

2009-06-26 Thread Andy Robinson (blackadder-lists)
Peter Miller wrote: Sent: 26 June 2009 2:58 PM To: Licensing and other legal discussions. Subject: [OSM-legal-talk] Privacy and Terms I fully support the process of adding a clear legal framework to the project but the terms and conditions and license can't be considered in isolation without

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

2009-06-25 Thread OJ W
Will there be some OSM-specific privacy implications not covered in the generic policy? e.g. when people use openstreetmap.org, they are potentially revealing their home/work/holiday locations, their routes to work, the pubs they visit (assuming their first OSM edit is to add their regular

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

2009-06-25 Thread Paul Johnson
On Wed, 2009-06-24 at 17:46 -0400, Russ Nelson wrote: Some of the stuff is there because of stupid-ass legislation which violates various laws (e.g. if the site is going to be used by underaged children (which of course it will) we would have to treat them differently (at least

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

2009-06-25 Thread Russ Nelson
On Jun 24, 2009, at 6:39 PM, Frederik Ramm wrote: Hi, Russ Nelson wrote: Some of the stuff is there to make sure that we have the right to redistribute contributions to OSM. This is important and useful. I was under the impression that these terms did not have anything to do with our

[OSM-legal-talk] Privacy and Terms

2009-06-24 Thread SteveC
Dear all One of the things that's resulted from getting help with the license process is that it's been noticed we don't have a lot of the legal furniture, and thus protection and clarity, found frequently elsewhere. We've been offered some fairly standard privacy and terms of use

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

2009-06-24 Thread Gervase Markham
On 24/06/09 06:56, SteveC wrote: http://wiki.openstreetmap.org/wiki/Privacy_Policy_-_Discussion_Draft The Mozilla project has a privacy policy which I would suggest is rather friendlier, while still being lawyer-approved - at least, US lawyers. I'm sure I could arrange for you to be able

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

2009-06-24 Thread Frederik Ramm
Hi, Gervase Markham wrote: http://wiki.openstreetmap.org/wiki/Terms_of_Use_-_Discussion_Draft These seem very long indeed. What risks are we mitigating here? If they are significant, why does every website in the world not have to have one of these? Yes, I'm also very tempted to

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

2009-06-24 Thread Russ Nelson
On Jun 24, 2009, at 4:31 PM, Frederik Ramm wrote: I could probably find something idiotic in every paragraph if I put my mind to it but I'd rather do something else. Some of the stuff is there simply by virtue of having any terms of use at all, e.g. Assignment, Survival, or Claims. Some of

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

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Frederik Ramm frede...@remote.org: Yeah, sure, and if I leave the house a brick might fall on my head and I'd be dead. I'm almost sure you wanted to write tile ;-) cheers, Martin ___ legal-talk mailing list legal-talk@openstreetmap.org

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

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Frederik Ramm frede...@remote.org: For example, if we build strong national chapters that, legally, are separate from OSMF, these could easily between themselves set up all the servers required to replace everything OSMF operates. With such a healthy backup network, it would not

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

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Martin Koppenhoefer dieterdre...@gmail.com: Hallo Frederik oops, sorry, not for the list. Martin ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk