Re: [OSM-legal-talk] License Change Status

2008-07-01 Thread Frederik Ramm
Hi,

On Tue, Jul 01, 2008 at 11:38:09AM -0400, John Wilbanks wrote:
> I'm still lurking on this list - rather than demagogue the issue, I'm 
> mainly watching the comments and trying to learn from them. 

I was referring to myself when I wrote about exaggerated preaching on 
the pro-PD side (which any talk-legal regular probably understood). 
I found your statements in this discussion to be rather matter-of-fact.

> Thus, I think that the Share Alike choice on data is a closed choice 
> in disguise

I find that lots of people are advocating more "closed" approaches in 
many parts of the project (e.g. forcing people to stick to certain
tagging rules or mapping techniques, forcing edits through a review
process, defining centrally which WMS backgrounds are allowable and
which aren't, etc.). Maybe the world is just not ready for truly open 
geodata ;-)

Bye
Frederik

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Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09" E008°23'33"


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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread spaetz
On Tue, Jul 01, 2008 at 03:43:40PM +0200, Frederik Ramm wrote:

>what's the status of the license change plans?

I asked just that the other day and heard that the OSMF was still trying to get 
an independent opinion of a laywer.

SOTM would indeed be a good place to push things forward. Each new day, the 
whole relicensing is getting more difficult.

spaetz

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Re: [OSM-legal-talk] License Change Status

2008-07-01 Thread John Wilbanks
Frederik,

I'm still lurking on this list - rather than demagogue the issue, I'm 
mainly watching the comments and trying to learn from them. It's 
actually very interesting to watch a community struggle with the issues 
in real time.

In the absence of evidence - this is all very new - there's a ton of 
ideology-based assumptions that we all are making in this debate, both 
in the pro-share alike faction and here at Science Commons in favor of 
the PD. As I've noted here and elsewhere, my ideology is that *data 
integration is essential* and that leads me to my conclusions. Thus, I 
think that the Share Alike choice on data is a closed choice in 
disguise, and that PD is the natural state of data on the network. Time 
will provide us with the evidence we need to make data-driven decisions.

In the interim there has been a fair amount of movement in other areas 
of geospatial that have reached out to SC to do PD work, so I'm focusing 
most of my energy in this space on that area. Spending my time preaching 
doesn't seem the best investment when I can instead work to help 
communities that already want to build PD-based systems...

jtw

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[EMAIL PROTECTED] wrote:
Message: 5
Date: Tue, 1 Jul 2008 16:35:30 +0200
From: Frederik Ramm <[EMAIL PROTECTED]>
Subject: Re: [OSM-legal-talk] License Change Status?
To: "Licensing and other legal discussions."

Message-ID: <[EMAIL PROTECTED]>
Content-Type: text/plain; charset=ISO-8859-1; delsp=yes; format=flowed

Hi,

 > > being new to the legals-list, I tried to search on the wiki I found
 > > this
 > > link:
 > > http://www.opengeodata.org/?p=262

Which is half a year old. In the mean time we have witnessed one guy
from Science Commons defending their recommendation of "CC0", and
SteveC going characteristically ballistic in response, and a little
bit of discussion about whether and how the "contractual" aspect of
the new license might work - but not a lot more than that.

 > > Would a more clear explanation on the alternatives and maybe an
 > > informal
 > > "poll" (through a webtool) among contributors help find feelings of
 > > the
 > > contributors and allow the Foundation to take a "wise" decision
 > > that is
 > > best community-backed (or see if further details need explanation
 > > to the
 > > community)?

I am not sure. Regarding the "PD vs Share-Alike" discussion, both
sides have been known to wildly exaggerate risks to a point where it
could be called demagogy. If you create a poll from the statements
issued in these discussions, the poll would look like this:

Would you prefer OSM to
a. become endlessly bogged down in legal hassles and die a slow death or
b. be sucked empty by evil Google & Co. and die a slow death?

Adding the question of license change to this "poll" might look like:

or would you prefer to
c. delete half our data and re-license the rest under a license
that's not used by anybody else on the web?

... all of which is not exactly what we want people to think  ;-)  and
this is probably the core of why we're not seeing the discussion we
ought to have. Too much danger of hurting people; a typical situation
encountered in politics where the politician knows that global
warming is a problem but at the same time anything he can do is
unpopular and will provoke lots of angry people shouting him down.

Bye
Frederik

-- Frederik Ramm ## eMail [EMAIL PROTECTED] ## N49?00'09" E008?23'33"

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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread Richard Fairhurst
Iván Sánchez Ortega wrote:

> At least that was the idea when the ODbL and OFIL licenses came along. I'm
> eager to review the modifications and changes done to those licenses.

...which I hope should be at SOTM at the very latest!

With particular relevance to this question, there is a new section 4.7:

4.7 "Reverse Engineering". For the avoidance of doubt, Using the whole  
or a Substantial part of the Data to produce a work (a "produced  
work"), and then re-creating the whole or a Substantial part of the  
Data from the produced work comes under the terms of this Licence.


On a wider note, I don't intend to stand for reelection to OSMF this  
summer, and it would be great if one or two people with the energy to  
take this forward were to present themselves for election.

cheers
Richard


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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread Frederik Ramm
Hi,

> being new to the legals-list, I tried to search on the wiki I found  
> this
> link:
> http://www.opengeodata.org/?p=262

Which is half a year old. In the mean time we have witnessed one guy  
from Science Commons defending their recommendation of "CC0", and  
SteveC going characteristically ballistic in response, and a little  
bit of discussion about whether and how the "contractual" aspect of  
the new license might work - but not a lot more than that.

> Would a more clear explanation on the alternatives and maybe an  
> informal
> "poll" (through a webtool) among contributors help find feelings of  
> the
> contributors and allow the Foundation to take a "wise" decision  
> that is
> best community-backed (or see if further details need explanation  
> to the
> community)?

I am not sure. Regarding the "PD vs Share-Alike" discussion, both  
sides have been known to wildly exaggerate risks to a point where it  
could be called demagogy. If you create a poll from the statements  
issued in these discussions, the poll would look like this:

Would you prefer OSM to
a. become endlessly bogged down in legal hassles and die a slow death or
b. be sucked empty by evil Google & Co. and die a slow death?

Adding the question of license change to this "poll" might look like:

or would you prefer to
c. delete half our data and re-license the rest under a license  
that's not used by anybody else on the web?

... all of which is not exactly what we want people to think ;-) and  
this is probably the core of why we're not seeing the discussion we  
ought to have. Too much danger of hurting people; a typical situation  
encountered in politics where the politician knows that global  
warming is a problem but at the same time anything he can do is  
unpopular and will provoke lots of angry people shouting him down.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09" E008°23'33"




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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread Frédéric Bonifas
A little naive question : if we go ODBL, what will be the license of
the images produced with osm data (maps etc)?

Frederic

2008/7/1, Andy Robinson (blackadder-lists) <[EMAIL PROTECTED]>:
> Frederik,
>
> Things have not stood still although we are currently reliant on the good
> will of others to help the process along. The proposed Open Database
> Licence, now called the ODbL licence for short, was updated/improved by
> Jordan a few weeks ago. The OSMF board have reviewed it and are very happy
> but we wanted to get another legal view before we put it out for further OSM
> discussion. Steve had been offered some time with a highly qualified lawyer
> and currently we are waiting for the two to meet up. The process has been a
> little delayed due to the unfortunate late cancellation of meetings.
>
> As soon as Steve reports back we will be in a position to decide whether
> it's ready to take further or if it needs further work. Until this has been
> done there are no plans to discuss the later steps in the required process.
>
> Cheers
>
> Andy
>
>
>>-Original Message-
>>From: [EMAIL PROTECTED] [mailto:legal-talk-
>>[EMAIL PROTECTED] On Behalf Of Frederik Ramm
>>Sent: 01 July 2008 2:44 PM
>>To: Licensing and other legal discussions.
>>Subject: [OSM-legal-talk] License Change Status?
>>
>>Hi,
>>
>>   what's the status of the license change plans? Have they run
>>aground - I had been told a few months ago that a new release of
>>Jordan's draft would be imminent. What's more, the license itself -
>>about which we'll hear at SOTM - is only one little piece of the
>>puzzle. The whole transition process - which, correct me if I'm
>>wrong, is not scheduled to be discussed at SOTM at all - is surely as
>>difficult. Will we attempt to employ legal tricks to re-license work
>>of people who don't respond to our license change spam email? What
>>exactly will we delete if people say "no" to the license change? (It
>>has been said that even the pub on the street corner may be a work
>>derived from the road data... and vice versa.) How many people have
>>to say "no" for us to stop the change altogether? What would we do
>>then, stick with CC-BY-SA and hope nobody notices? After a license
>>change, would we keep a "parallel universe" a.k.a. "fork" of OSM
>>holding the old, not-relicensed data until the wounds in the new data
>>set have healed?
>>
>>Is it possible that this whole transition process and the associated
>>questions are such a delicate matter that everybody prefers not to
>>think about it, much less talk about it? That would be very well
>>understandable but at the same time dangerous. It seems clear to me
>>that the current license works only as long as people don't look
>>closely.
>>
>>Need I say that, had we decided to simply go PD when last year's SOTM
>>panel found that there was broad support for it, we would now be one
>>happy project with all the legal hassles out of the way? It's not to
>>late to see the light!
>>
>>Bye
>>Frederik
>>
>>--
>>Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09" E008°23'33"
>>
>>
>>
>>
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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread Andy Robinson (blackadder-lists)
Frederik,

Things have not stood still although we are currently reliant on the good
will of others to help the process along. The proposed Open Database
Licence, now called the ODbL licence for short, was updated/improved by
Jordan a few weeks ago. The OSMF board have reviewed it and are very happy
but we wanted to get another legal view before we put it out for further OSM
discussion. Steve had been offered some time with a highly qualified lawyer
and currently we are waiting for the two to meet up. The process has been a
little delayed due to the unfortunate late cancellation of meetings.

As soon as Steve reports back we will be in a position to decide whether
it's ready to take further or if it needs further work. Until this has been
done there are no plans to discuss the later steps in the required process.

Cheers

Andy


>-Original Message-
>From: [EMAIL PROTECTED] [mailto:legal-talk-
>[EMAIL PROTECTED] On Behalf Of Frederik Ramm
>Sent: 01 July 2008 2:44 PM
>To: Licensing and other legal discussions.
>Subject: [OSM-legal-talk] License Change Status?
>
>Hi,
>
>   what's the status of the license change plans? Have they run
>aground - I had been told a few months ago that a new release of
>Jordan's draft would be imminent. What's more, the license itself -
>about which we'll hear at SOTM - is only one little piece of the
>puzzle. The whole transition process - which, correct me if I'm
>wrong, is not scheduled to be discussed at SOTM at all - is surely as
>difficult. Will we attempt to employ legal tricks to re-license work
>of people who don't respond to our license change spam email? What
>exactly will we delete if people say "no" to the license change? (It
>has been said that even the pub on the street corner may be a work
>derived from the road data... and vice versa.) How many people have
>to say "no" for us to stop the change altogether? What would we do
>then, stick with CC-BY-SA and hope nobody notices? After a license
>change, would we keep a "parallel universe" a.k.a. "fork" of OSM
>holding the old, not-relicensed data until the wounds in the new data
>set have healed?
>
>Is it possible that this whole transition process and the associated
>questions are such a delicate matter that everybody prefers not to
>think about it, much less talk about it? That would be very well
>understandable but at the same time dangerous. It seems clear to me
>that the current license works only as long as people don't look
>closely.
>
>Need I say that, had we decided to simply go PD when last year's SOTM
>panel found that there was broad support for it, we would now be one
>happy project with all the legal hassles out of the way? It's not to
>late to see the light!
>
>Bye
>Frederik
>
>--
>Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09" E008°23'33"
>
>
>
>
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>No virus found in this incoming message.
>Checked by AVG.
>Version: 8.0.101 / Virus Database: 270.4.3/1527 - Release Date: 30/06/2008
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Re: [OSM-legal-talk] License Change Status?

2008-07-01 Thread Stefan Neufeind
Frederik Ramm wrote:
> Hi,
> 
>what's the status of the license change plans? Have they run  
> aground - I had been told a few months ago that a new release of  
> Jordan's draft would be imminent. What's more, the license itself -  
> about which we'll hear at SOTM - is only one little piece of the  
> puzzle. The whole transition process - which, correct me if I'm  
> wrong, is not scheduled to be discussed at SOTM at all - is surely as  
> difficult. Will we attempt to employ legal tricks to re-license work  
> of people who don't respond to our license change spam email? What  
> exactly will we delete if people say "no" to the license change? (It  
> has been said that even the pub on the street corner may be a work  
> derived from the road data... and vice versa.) How many people have  
> to say "no" for us to stop the change altogether? What would we do  
> then, stick with CC-BY-SA and hope nobody notices? After a license  
> change, would we keep a "parallel universe" a.k.a. "fork" of OSM  
> holding the old, not-relicensed data until the wounds in the new data  
> set have healed?
> 
> Is it possible that this whole transition process and the associated  
> questions are such a delicate matter that everybody prefers not to  
> think about it, much less talk about it? That would be very well  
> understandable but at the same time dangerous. It seems clear to me  
> that the current license works only as long as people don't look  
> closely.
> 
> Need I say that, had we decided to simply go PD when last year's SOTM  
> panel found that there was broad support for it, we would now be one  
> happy project with all the legal hassles out of the way? It's not to  
> late to see the light!

Hi Frederik,

being new to the legals-list, I tried to search on the wiki I found this 
link:
http://www.opengeodata.org/?p=262

Does still sum up the situation well? What alternatives do exist? Would 
  a more clear explanation on the alternatives and maybe an informal 
"poll" (through a webtool) among contributors help find feelings of the 
contributors and allow the Foundation to take a "wise" decision that is 
best community-backed (or see if further details need explanation to the 
community)?


Kind regards,
   Stefan Neufeind

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[OSM-legal-talk] License Change Status?

2008-07-01 Thread Frederik Ramm
Hi,

   what's the status of the license change plans? Have they run  
aground - I had been told a few months ago that a new release of  
Jordan's draft would be imminent. What's more, the license itself -  
about which we'll hear at SOTM - is only one little piece of the  
puzzle. The whole transition process - which, correct me if I'm  
wrong, is not scheduled to be discussed at SOTM at all - is surely as  
difficult. Will we attempt to employ legal tricks to re-license work  
of people who don't respond to our license change spam email? What  
exactly will we delete if people say "no" to the license change? (It  
has been said that even the pub on the street corner may be a work  
derived from the road data... and vice versa.) How many people have  
to say "no" for us to stop the change altogether? What would we do  
then, stick with CC-BY-SA and hope nobody notices? After a license  
change, would we keep a "parallel universe" a.k.a. "fork" of OSM  
holding the old, not-relicensed data until the wounds in the new data  
set have healed?

Is it possible that this whole transition process and the associated  
questions are such a delicate matter that everybody prefers not to  
think about it, much less talk about it? That would be very well  
understandable but at the same time dangerous. It seems clear to me  
that the current license works only as long as people don't look  
closely.

Need I say that, had we decided to simply go PD when last year's SOTM  
panel found that there was broad support for it, we would now be one  
happy project with all the legal hassles out of the way? It's not to  
late to see the light!

Bye
Frederik

-- 
Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09" E008°23'33"




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