Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-10 Thread Erik Johansson
On Thu, Jul 7, 2011 at 8:26 PM, Richard Weait rich...@weait.com wrote: On Thu, Jul 7, 2011 at 1:55 PM, John Smith deltafoxtrot...@gmail.com wrote: On 7 July 2011 21:49, Andreas Perstinger andreas.perstin...@gmx.net wrote: But that doesn't mean that their content won't show up in a future ODBL

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-09 Thread Andreas Perstinger
On 2011-07-08 16:14, Anthony wrote: You're all missing the point, though. My contention is not that OSM is a database of non-geographical facts (*). My contention is that it consists of the *expression* of facts. Just do be sure that I don't misunderstand you again: This way: way

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-09 Thread Andreas Perstinger
On 2011-07-09 18:02, Anthony wrote: On Sat, Jul 9, 2011 at 11:47 AM, Andreas Perstinger This way: way id=115031489 timestamp=2011-05-26T23:47:10Z uid=74617 user=JohnSmith visible=true version=1 changeset=8258292 nd ref=1300468480/ nd ref=1301344689/ nd ref=1301344690/ and one of the

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-09 Thread ce-test, qualified testing bv - Gert Gremmen
So there won't be a problem if on day X the version of John Smith will be removed from the database and on day X+2 I would enter one of the versions I've shown, right? Right, under the assumption both cannot be copyrighted, not even under OdBL, being *fact*. If they *are* copyrighted, no you

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Andreas Perstinger
On 2011-07-08 01:43, Anthony wrote: The idea that the OSM database just reproduces geographical facts is, quite frankly, laughable. I would like to join the laughter so please show me an example of a non-geographical fact in the database. Bye, Andreas

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Maarten Deen
On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote: On 2011-07-08 01:43, Anthony wrote: The idea that the OSM database just reproduces geographical facts is, quite frankly, laughable. I would like to join the laughter so please show me an example of a non-geographical fact in the

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Simon Poole
Geo-referenced facts? And, all of your examples other even less potential to be a protected work than your typical way. Simon Am 08.07.2011 09:10, schrieb Maarten Deen: On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote: On 2011-07-08 01:43, Anthony wrote: The idea that the OSM

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Richard Fairhurst
tags. The one major exception in the OSM database is administrative boundaries. cheers Richard [1] ok, and also the fact I get shouted at when I cycle up it the wrong way -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-license-change-effect-on-un-tagged-nodes

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Andreas Perstinger
On 2011-07-08 09:10, Maarten Deen wrote: On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote: On 2011-07-08 01:43, Anthony wrote: The idea that the OSM database just reproduces geographical facts is, quite frankly, laughable. I would like to join the laughter so please show me

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Maarten Deen
On Fri, 8 Jul 2011 02:18:46 -0700 (PDT), Richard Fairhurst wrote: Maarten Deen wrote: Turn restrictions, maximum speeds, oneway streets, even the value of the highway tag is not a geographical fact. Sure they are. If I walk about 20 yards from my front door, there's a no entry sign at a

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Rob Myers
On 08/07/11 10:31, Maarten Deen wrote: IMHO that's stretching the geographic bit very far. Sure, the fact that there is a sign is a geographic fact, but the fact that that signifies something for the road or object that's there is just convention. And highway value is certainly not

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread ce-test, qualified testing bv - Gert Gremmen
On Fri, 8 Jul 2011 02:18:46 -0700 (PDT), Richard Fairhurst wrote: Maarten Deen wrote: Turn restrictions, maximum speeds, oneway streets, even the value of the highway tag is not a geographical fact. Sure they are. If I walk about 20 yards from my front door, there's a no entry sign at a

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Rob Myers
On 08/07/11 13:14, ce-test, qualified testing bv - Gert Gremmen wrote: And highway value is certainly not geographic. There is nothing about the location or presence of a road that makes it motorway or tertiary. That is only because it is designated as such. That designation can change

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-06 23:31, John Smith wrote: On 7 July 2011 07:25, Andreas Perstingerandreas.perstin...@gmx.net wrote: No, I just wanted to show you that you can't really tell if someone retraces a removed way by looking at an aerial imagery, by looking at the current OSM map or by just moving

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread John Smith
On 7 July 2011 16:16, Andreas Perstinger andreas.perstin...@gmx.net wrote: That's why I prefer PD because I believe there is no protection and so why bother about licenses at all? Wouldn't it be great if we could all wish away inconvenient laws like that, however morality often drives laws and

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 08:24, John Smith wrote: On 7 July 2011 16:16, Andreas Perstingerandreas.perstin...@gmx.net wrote: That's why I prefer PD because I believe there is no protection and so why bother about licenses at all? Wouldn't it be great if we could all wish away inconvenient laws like

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Frederik Ramm
Simon, Andreas, all, when discussing these things with the person who goes by the pseudonym of John Smith, keep in mind that he is spending a lot of time building/supporting an OpenStreetMap fork. The forkers, as I like to call them, are driven by all kinds of motivations, the most

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread John Smith
On 7 July 2011 16:58, Frederik Ramm frede...@remote.org wrote: While they started out wishing OSM to suffer the least possible damage, their ego now forces them to demand the most rigid - even absurd - data deletion policies for the license change lest they look like idiots for starting a fork

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Simon Poole
Frederik, I'm fully aware of JS motives and tactics and normally avoid getting sucked in to his endless threads. But it was 2 am and I was just finishing tax returns and associated book keeping. John Smith is a tiny bit more entertaining than that and I needed a short break :-) Simon Am

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread 80n
On Thu, Jul 7, 2011 at 7:58 AM, Frederik Ramm frede...@remote.org wrote: Simon, Andreas, all, when discussing these things with the person who goes by the pseudonym of John Smith, keep in mind that he is spending a lot of time building/supporting an OpenStreetMap fork. The forkers, as

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread ce-test, qualified testing bv - Gert Gremmen
cetest @ fosm.org Van: 80n [mailto:80n...@gmail.com] Verzonden: Thursday, July 07, 2011 9:36 AM Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] license change effect on un-tagged nodes On Thu, Jul 7, 2011 at 7:58 AM, Frederik Ramm frede...@remote.org wrote: Simon

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 08:58, Frederik Ramm wrote: when discussing these things with the person who goes by the pseudonym of John Smith, keep in mind that he is spending a lot of time building/supporting an OpenStreetMap fork. I know who John Smith and his fellows are and I even read their

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 08:39, Anthony wrote: On Thu, Jul 7, 2011 at 2:16 AM, Andreas Perstinger No (see above). But I think it's more a question of morality and adhering to community guidelines. Legally I don't see any problems using informations from any map (or aerial imagery). But using

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 09:35, 80n wrote: Data loss is your problem not ours. I see people doing thought experiments about how they can get around the wishes of contributors who have, in good faith, provided their content under the CC license. Those people who have not agreed to the CT have not

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 08:48, Anthony wrote: On Thu, Jul 7, 2011 at 2:45 AM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2011-07-07 08:24, John Smith wrote: Wouldn't it be great if we could all wish away inconvenient laws like that, however morality often drives laws and they tend seem

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Andreas Perstinger
On 2011-07-07 19:55, John Smith wrote: On 7 July 2011 21:49, Andreas Perstingerandreas.perstin...@gmx.net wrote: But that doesn't mean that their content won't show up in a future ODBL map. I've noticed that John Smith doesn't want to answer my question, but perhaps you would: How far away

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread ce-test, qualified testing bv - Gert Gremmen
+1 Gert -Oorspronkelijk bericht- Van: John Smith [mailto:deltafoxtrot...@gmail.com] Verzonden: donderdag 7 juli 2011 19:55 Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] license change effect on un-tagged nodes On 7 July 2011 21:49, Andreas Perstinger

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread Rob Myers
On 07/07/11 20:14, ce-test, qualified testing bv - Gert Gremmen wrote: +1 /2 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Andreas Perstinger
Sorry for replying late but I had to leave for the night shift yesterday. On 2011-07-05 15:28, John Smith wrote: On 5 July 2011 23:04, Andreas Perstingerandreas.perstin...@gmx.net wrote: What do you consider as same result? How far away do I have to place a node? If I put one additional

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread ce-test, qualified testing bv - Gert Gremmen
-Oorspronkelijk bericht- Van: John Smith [mailto:deltafoxtrot...@gmail.com] Verzonden: Tuesday, July 05, 2011 9:17 PM Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] license change effect on un-tagged nodes On 6 July 2011 02:49, ce-test, qualified testing

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Dave F.
On 02/07/2011 17:15, Frederik Ramm wrote: Hi, suppose there's a node that has been created by user A with no tags on it. Suppose the node has later been moved by user B. A has not accepted the CT, while B has. Will the node have to be removed when we go to phase 5 of the license change?

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Frederik Ramm
Hi, Dave F. wrote: I must be missing something, because I believe this discussion is a complete waste of time. It is good that you have the modesty to assume that you're missing something rather than 10 others are completely wasting their time ;) in this case you are indeed missing (or I

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 6 July 2011 16:46, Andreas Perstinger andreas.perstin...@gmx.net wrote: Then what about the attached alternative versions? For each version I started JOSM, opened a new layer, added the node (-31.069902030361792, 152.728383561) which is close to the beginning of the road, loaded the

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 04:20, John Smith deltafoxtrot...@gmail.com wrote: On 6 July 2011 16:46, Andreas Perstinger andreas.perstin...@gmx.net wrote: Then what about the attached alternative versions? For each version I started JOSM, opened a new layer, added the node (-31.069902030361792,

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Dave F.
On 06/07/2011 18:29, Frederik Ramm wrote: Hi, Dave F. wrote: I must be missing something, because I believe this discussion is a complete waste of time. It is good that you have the modesty to assume that you're missing something rather than 10 others are completely wasting their time ;)

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Andreas Perstinger
On 2011-07-06 20:23, John Smith wrote: On 7 July 2011 04:20, John Smithdeltafoxtrot...@gmail.com wrote: On 6 July 2011 16:46, Andreas Perstingerandreas.perstin...@gmx.net wrote: Then what about the attached alternative versions? For each version I started JOSM, opened a new layer, added

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 06:12, Andreas Perstinger andreas.perstin...@gmx.net wrote: But even if I'm just one person the question still remains: Do you consider any of these 4 versions a violation of your copyright? Are you planning to try and replace all my work one way at a time like this? Which is of

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Andreas Perstinger
On 2011-07-06 22:17, John Smith wrote: Are you planning to try and replace all my work one way at a time like this? No, I just wanted to show you that you can't really tell if someone retraces a removed way by looking at an aerial imagery, by looking at the current OSM map or by just moving

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 07:25, Andreas Perstinger andreas.perstin...@gmx.net wrote: No, I just wanted to show you that you can't really tell if someone retraces a removed way by looking at an aerial imagery, by looking at the current OSM map or by just moving randomly some nodes.The same goes for IMHO

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 08:27, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: Google in addition have their ToS. So one person copies tiles and breaches contract and gives them to another person who is only bound by copyright ... ___ legal-talk mailing list

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Dave F.
On 06/07/2011 21:04, Anthony wrote: On Wed, Jul 6, 2011 at 3:57 PM, Frederik Rammfrede...@remote.org wrote: Dave F. wrote: If one of these gets moved then the whole way gets updated, No. Substantively, that is what happens, but technically, in the database, it is not. In the database, we

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Am 06.07.2011 20:31, schrieb John Smith: On 6 July 2011 18:20, ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl wrote: [GG] I was not talking about copyright. Copyright laws are of no use in the digital era, You were talking about databases, however databases can still store

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 09:34, Simon Poole si...@poole.ch wrote: That does not imply that individual contributors actually hold any rights in the data they contributed. As we know, that is a difficult question and depends on jurisdiction and so on, and my take on it would be: probably not. For all

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Am 06.07.2011 23:25, schrieb Andreas Perstinger: BTW I've just found some high court decisions which clearly state that a map (and its content) isn't protected by copyright automatically here in Austria. You have to prove individual creativity. Just reproducing geographical facts like

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 09:47, Simon Poole si...@poole.ch wrote: Normally none of them lead to a protected work and nobody would confuse it for creativity I'm not sure if I'm more amused that you have to try and scale things down to the size of a brick or the fact that even you state it's the morally

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Am 07.07.2011 01:40, schrieb John Smith: On 7 July 2011 09:34, Simon Poolesi...@poole.ch wrote: That does not imply that individual contributors actually hold any rights in the data they contributed. As we know, that is a difficult question and depends on jurisdiction and so on, and my take

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Upps you are really confused about the origins of copyright protection, which are rather recent and had nothing to do with morals. Simon Am 07.07.2011 01:54, schrieb John Smith: On 7 July 2011 09:47, Simon Poolesi...@poole.ch wrote: Normally none of them lead to a protected work and

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 10:04, Simon Poole si...@poole.ch wrote: Upps you are really confused about the origins of copyright protection, which are rather recent and had nothing to do with morals. I didn't know the late 1800s was considered rather recent ___

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Am 07.07.2011 01:56, schrieb Anthony: ... There certainly is creativity involved in making a brick wall. Choosing a herringbone bond vs. a stretcher bond, for instance. And in some cases it can be copyrightable - not if it's just a herringbone or a stretcher bond, but if the pattern is

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
In terms of laws, sure. Am 07.07.2011 02:08, schrieb John Smith: On 7 July 2011 10:04, Simon Poolesi...@poole.ch wrote: Upps you are really confused about the origins of copyright protection, which are rather recent and had nothing to do with morals. I didn't know the late 1800s was

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread Simon Poole
Well 300 to 400 years earlier (as in printing press with movable letters) which doesn't make it recent, but still twice as old as copyright law. The main point however is that copyright law has a economic motivation, not moral as you imply. Simon Am 07.07.2011 02:12, schrieb John Smith:

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 10:20, Simon Poole si...@poole.ch wrote: Well 300 to 400 years earlier (as in printing press with movable letters) which doesn't make it recent, but still twice as old as copyright law. The main point however is that copyright law has a economic motivation, not moral as you

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread David Groom
- Original Message - From: Jaakko Helleranta.com jaa...@helleranta.com To: Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Monday, July 04, 2011 8:42 PM Subject: Re: [OSM-legal-talk] license change effect on un-tagged nodes On Mon, Jul 4, 2011 at 12:53 PM

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread Andreas Perstinger
John Smith deltafoxtrot256@... writes: On 5 July 2011 05:42, Jaakko Helleranta.com jaakko@... wrote: But nevertheless _I_ would say that copyright/IPR-wise there's 0% left of anything protectable if (1) someone's e.g. traced a road from imagery, but has only marked it with, say,

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread Jaakko Helleranta.com
:37:51 To: Licensing and other legal discussions.legal-talk@openstreetmap.org Reply-To: Licensing and other legal discussions. legal-talk@openstreetmap.org Subject: Re: [OSM-legal-talk] license change effect on un-tagged nodes - Original Message - From: Jaakko Helleranta.com jaa

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread John Smith
On 6 July 2011 02:49, ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl wrote: I doubt if any effort in re-creating a map database of the real world can be classified as creative work, as the mapper inevitably tries to copy reality to the best of his effort, and any deviation is

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread Stephan Knauss
Hi, John Smith writes: On 4 July 2011 22:44, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: IMHO the node position is never a derived work when it is updated. So for the case of the untagged node (if isolated an not part of a way, i.e. unlikely) we could keep the whole object. The

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread Frederik Ramm
Hi, John Smith wrote: In both cases, either tagging something as clean or deleting and re-adding assumes good faith, we already know people copy data from incompatible sources, what's to stop someone simple cutting and pasting data or mass tagging ways as clean? Nothing. But assuming good

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-04 Thread M∡rtin Koppenhoefer
2011/7/2 Frederik Ramm frede...@remote.org: Hi,   suppose there's a node that has been created by user A with no tags on it. Suppose the node has later been moved by user B. A has not accepted the CT, while B has. Will the node have to be removed when we go to phase 5 of the license

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-04 Thread John Smith
On 4 July 2011 22:44, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: IMHO the node position is never a derived work when it is updated. So for the case of the untagged node (if isolated an not part of a way, i.e. unlikely) we could keep the whole object. The position of nodes are often

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-04 Thread Jaakko Helleranta.com
On Mon, Jul 4, 2011 at 12:53 PM, John Smith deltafoxtrot...@gmail.com wrote: The position of nodes are often derived from the position of other nodes. Nothing of me is original. I am the combined effort of everyone I've ever known. (1) and hence the secret of Creativity is knowing how to hide

[OSM-legal-talk] license change effect on un-tagged nodes.

2011-07-03 Thread Nick Hocking
Frederik, On a related note, what if Mapper A has traced a road from (now) uncompliant imagery. Mapper B has surveyed the road but had decided to leave A's hard work in place and just add the road's name. Mapper A now decides to withdraw from the OSM project and not relicence his

[OSM-legal-talk] license change effect on un-tagged nodes

2011-07-02 Thread Frederik Ramm
Hi, suppose there's a node that has been created by user A with no tags on it. Suppose the node has later been moved by user B. A has not accepted the CT, while B has. Will the node have to be removed when we go to phase 5 of the license change? You could say: yes, because version 2 is

Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-02 Thread John Smith
On 3 July 2011 02:15, Frederik Ramm frede...@remote.org wrote: Hi, suppose there's a node that has been created by user A with no tags on it. Suppose the node has later been moved by user B. A has not accepted the CT, while B has. Will the node have to be removed when we go to phase 5 of