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

2009-05-20 Thread Jordan S Hatcher
On 12 May 2009, at 03:17, Peter Miller 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 things in a rather unsatisfactory

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

2009-05-15 Thread Ulf Möller
Frederik Ramm schrieb: What I'm concerned with is mainly: How big is the risk of someone whitewashing our data from the contractual part of the ODbL, then introducing it to a large jurisdiction without something like a database directive (the US?), and thereby leaving us with only plain

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

2009-05-13 Thread Peter Miller
On 13 May 2009, at 01:36, Matt Amos wrote: 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

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

2009-05-13 Thread Gervase Markham
On 12/05/09 09:37, Frederik Ramm wrote: Claiming copyright on something where you are not reasonably sure of actually having it is, in my eyes, a FUD maneouvre worthy of players like the OS, but something that we should make an attempt to steer clear of. The way of avoiding it seeming to be

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

2009-05-13 Thread Jukka Rahkonen
Ulf Möller use...@... writes: Jukka Rahkonen schrieb: But what if OSMF is changing the license and somebody has managed to base some business on top of derived database licensed under the old ODbL license? Dou you lawyers say that it is a sound basis for building a business? For

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

2009-05-13 Thread Frederik Ramm
Hi, Gervase Markham wrote: The way of avoiding it seeming to be FUD is to have a clause like: Nothing in this licence attempts to restrict your rights under fair use or a similar doctrine. Sounds like: We have a honest desire to sue the shit out of you if you violate any of our 52

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

2009-05-13 Thread Ulf Möller
Jukka Rahkonen schrieb: And if the maintainer of the derived database has a community that continues to collect new data under ODbL 1.0 terms, and the main OSM has advanced to ODbL 1.1 or something, is it possible to exchange data between these two systems? According to RC1, you could use

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

2009-05-12 Thread Frederik Ramm
Hi, Matt Amos wrote: one of the things i'm gaining a better understanding of, having spoken with Clark, is that no license is ever fully watertight and we are highly unlikely to be able to defend all of our rights in all possible jurisdictions. I think we can all live with not being able to

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

2009-05-12 Thread Frederik Ramm
Hi, Frederik Ramm wrote: What I'm concerned with is mainly: How big is the risk of someone whitewashing our data from the contractual part of the ODbL, I should have explained: Such whitewashing would require someone to breach the contract by removing all licensing information and then

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

2009-05-12 Thread Simon Ward
On Tue, May 12, 2009 at 08:14:49AM +0200, Frederik Ramm wrote: What I'm concerned with is mainly: How big is the risk of someone whitewashing our data from the contractual part of the ODbL, then introducing it to a large jurisdiction without something like a database directive (the US?),

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

2009-05-12 Thread Peter Miller
On 12 May 2009, at 04:13, Matt Amos wrote: 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

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

2009-05-12 Thread Peter Miller
On 12 May 2009, at 08:00, Simon Ward wrote: On Tue, May 12, 2009 at 08:14:49AM +0200, Frederik Ramm wrote: What I'm concerned with is mainly: How big is the risk of someone whitewashing our data from the contractual part of the ODbL, then introducing it to a large jurisdiction without

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

2009-05-12 Thread Frederik Ramm
Hi, Peter Miller wrote: However if the OSMF can change the license and given that it is a viral license then surely anyone else can also change the licensing of any derived database? Our lawyer mentions that the OSMF could 'sell it of commercial terms' or make it available to a

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

2009-05-12 Thread Frederik Ramm
Hi, 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 0.9 or 1.0 license? I am concerned because of Q: Is the process of

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 Mikel Maron
From: Frederik Ramm frede...@remote.org The answer lies in 4.9 (you may not sublicense the database). We often sloppily say that if you make a derived work you must license it under ODbL, but this is not the way ODbL is intended to work. The idea is that the original licensor (OSMF) is

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

2009-05-12 Thread Frederik Ramm
Hi, Mikel Maron wrote: This *seems* like a big problem in the ODbL, but maybe I misundertand. Is the ODbL non-transitive?? It certainly is planned to be non-transitive. It feels a bit non-free at first because you will never ever get rid of the original licensor; but thinking about it, it's

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

2009-05-12 Thread Jukka Rahkonen
Frederik Ramm frede...@... writes: Now Peter's interpretation is: Since the licensor has these powers, why does not Fred simply take the database, publish a derived version of it under ODbL and say I as the licensor hereby exercise my powers under section 4.4.d and decree that PD is a

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

2009-05-12 Thread Frederik Ramm
Hi, Jukka Rahkonen wrote: But what if OSMF is changing the license and somebody has managed to base some business on top of derived database licensed under the old ODbL license? Well he can always continue the data he already has and which he was given under the old license. The license

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

2009-05-12 Thread Ulf Möller
Jukka Rahkonen schrieb: But what if OSMF is changing the license and somebody has managed to base some business on top of derived database licensed under the old ODbL license? Dou you lawyers say that it is a sound basis for building a business? For me it would feel more fair if the

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

2009-05-12 Thread Ulf Möller
Frederik Ramm schrieb: I have no idea if this concept of fixing the licensor to always be OSMF is workable at all. Is it used elsewhere, or is it an entirely new idea? A number of high-profile open source projects including GNU and Apache operate that way. The FSF will accept non-trivial

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

2009-05-12 Thread Frederik Ramm
Hi, Ulf Möller wrote: I think the provisions of the GPL and ODbL are quite similar: Oops. If ODbL and GPL are as parallel to the GPL as you suggest, then: GPL v3: Sublicensing is not allowed - Each time you convey a covered work, the recipient automatically receives a license from 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

[OSM-legal-talk] QA with a lawyer

2009-05-11 Thread Peter Miller
On 11 May 2009, at 23:43, Matt Amos 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, in which we went over a series of short questions that

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