Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Richard Fairhurst
Simon Ward wrote:

> _I_ think this discussion is healthy, and will give people ideas on  
> what
> to look out for when the licence is released.

Sure, I wouldn't dispute that it's healthy. I would just observe that  
perceived failings may actually not have been failings for several  
months. As I said it would be good, very good indeed, to get the new  
licence published - a lot of this has already been addressed, and  
thus it's ultimately wasted effort which could productively be spent  
on finding the failings with the _current_ draft.

cheers
Richard

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Richard Fairhurst
Frederik Ramm wrote:

> You have quoted me out of context. Had you not removed the next  
> part of
> the sentence, people would have known that I was just taking the, er,
> mickey ;-)

And to think that I was, as ever, deadly serious. Anyway, enough  
frivolity, I've got some nodes to move.

cheers
Richard

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Frederik Ramm
Hi,

Richard Fairhurst wrote:
>> If sets up his local copy of Potlach (the tool of
>> choice for such operations!) and randomly moves 1.000 Central London
>> nodes
> 
> Could I point out that Potlatch doesn't let you select more than one  
> object at once so, actually, JOSM would be the tool of choice.

You have quoted me out of context. Had you not removed the next part of 
the sentence, people would have known that I was just taking the, er, 
mickey ;-)

Bye
Frederik

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Richard Fairhurst
Frederik Ramm wrote:

> If sets up his local copy of Potlach (the tool of
> choice for such operations!) and randomly moves 1.000 Central London
> nodes

Could I point out that Potlatch doesn't let you select more than one  
object at once so, actually, JOSM would be the tool of choice.

Could I also observe that Germans can _never_ spell Potlatch. That  
isn't the reason I called it that (actually talk-fr is spot on there)  
but it should have been.

Follow-ups to talk-de, probably.

cheers
Richard

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Richard Fairhurst
Dair Grant wrote:

> Richard Fairhurst wrote:
>
>>> b. A file containing all of the alterations made to the Database  
>>> offered
>>>under this Licence, including any additional Data, that make  
>>> up all the
>>>differences between the Database and the Derivative Database.
>
> Assuming I choose option (b), how does this work if the alterations  
> are all
> subtractions?
> [...]
> But it does seem a bit like jumping through hoops, when it would be  
> simpler
> to say "I truncated all coordinates to 4 decimal places" or even  
> "the DD is
> a subset of the information in version X of the D, and here's a  
> copy of
> that".

IMO (and insert all the other abbreviations here), "I truncated all  
coordinates to 4 decimal places" is a valid diff. If people want to  
get pissy about "machine readable", then supply the diff as a Perl  
script which comprises some XML parsing and a load of sprintf. ;)

cheers
Richard

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Peter Miller
> 
> I'm tempted to say that if the data base is modified using some kind of
> original data input - from your GPS, from your company archives, from
> your Grandma's local knowledge - then ist has to be shared; if, on the
> other hand, you only apply algorithms or noise to it, then keep it an
> just tell us that your work is based on the so-and-so planet file. But
> I'm sure this, too, doesn't catch everything.
> 
> We must do everything we can to avoid making things more difficult for
> people than they are now (they are difficult enough already).
>

Agreed. There are a number of reasons to define a Derived Dataset as
something that contains additional original input and not as the same
dataset processed automatically into some other format.

1) It avoids people having to share tedious numbers of large datasets that
are slightly different from the last one and may have been used to produce a
product with a very short life-expectancy anyway.

2) It clarifies that people don't have to expose proprietary storage,
indexing, analysis or manipulation techniques unless they want to. My
company does not support a licence that allows people to see how we store
data internally, it is going to be hard enough to stay ahead of the
free-software movement without exposing all ones secrets at the outset!

3) The core reason for the share-alike element for this project in the first
place is to ensure that people share their knowledge about where features
are and share corrections to this dataset.

4) Because if people don't want to expose their internal data formats then
they only have to combine the OSM data with some other dataset to create a
Collective Work and then they don't have to expose anything further
downstream in their processing anyway.

To be clear, is anyone fighting for a licence that does require users of the
data to expose all their analysis and manipulation software techniques even
when no new facts or corrections have been made to the OSM dataset? If no
one wants that then I am sure the licence can be constructed so that it
isn't necessary.


Regards,



Peter


 
> Bye
> Frederik
> 
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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Simon Ward
On Sat, Oct 11, 2008 at 05:44:23PM +0200, Frederik Ramm wrote:
> > You don’t know what use something is until someone does something
> > unexpected with it, and then you find that it is useful after all.
> 
> That's right, while we're at it why don't we require that everyone who 
> uses OSM data also publishes a years's worth of bank statements; who 
> knows, they might come in handy some time.

Those bank statements are almost certainly not derived from OSM or any
other free data.

> Sarcasm

Who’s the one being silly now?

Simon
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simple system that works.—John Gall


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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Frederik Ramm
Hi,

Simon Ward wrote:
> On Sat, Oct 11, 2008 at 04:47:25PM +0200, Frederik Ramm wrote:
>> Apart from this being pretty much useless to anybody
> 
> You don’t know what use something is until someone does something
> unexpected with it, and then you find that it is useful after all.

That's right, while we're at it why don't we require that everyone who 
uses OSM data also publishes a years's worth of bank statements; who 
knows, they might come in handy some time.

Sarcasm aside, we need to find a way that ensures we get what we want 
(most) and at the same not introduce so many restrictions that in the 
end even the hobbyist prefers to buy Teleatlas because it's easier for 
him to comply with their license.

Bye
Frederik

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Simon Ward
On Sat, Oct 11, 2008 at 04:47:25PM +0200, Frederik Ramm wrote:
> Apart from this being pretty much useless to anybody

You don’t know what use something is until someone does something
unexpected with it, and then you find that it is useful after all.

A lot of free software was created to scratch a personal itch, the
authors probably thought they might be useless to anyone else, but
released as free software on the off‐chance someone would find a use for
it.  In some cases people do find a use, they modify it so it can
scratch their itch too, and everyone benefits.

> (By the way, *for how long* would I have to make a database available 
> after using it in a one-off gig like the T-shirt?)

It should probably be defined in the licence.  For software, the GPL
(v3) says:

6.b) Convey the object code in, or embodied in, a physical product
(including a physical distribution medium), accompanied by a written
offer, valid for at least three years and valid for as long as you
offer spare parts or customer support for that product model, to
give anyone who possesses the object code either (1) a copy of the
Corresponding Source for all the software in the product that is
covered by this License, on a durable physical medium customarily
used for software interchange, for a price no more than your
reasonable cost of physically performing this conveying of source,
or (2) access to copy the Corresponding Source from a network server
at no charge.

As long as someone gives me a t-shirt based on free works, I’d like to
be able to get them too.

> improvement shared. If sets up his local copy of Potlach (the tool of 
> choice for such operations!) and randomly moves 1.000 Central London 
> nodes while urinating on a pile of Ordnance Survey maps and becomes a 
> famous perforance artist then we don't *really* require him sharing his 
> "improvement" even though it surely elevated OSM from the banal into the 
> artistic Olymp with him.

…and if someone else would like to use those randomly moved nodes for
their own act?

The idea of making things free is so people can build on other peoples’
works and allow others to build on that in turn.  It’s not up to us to
say how people should be able to do that, but we can try to enable all
sorts variations that would never have crossed our minds as much as
possible.

> But if we say you have to basically share everything you do to the 
> database (as I understand the license to require now) then we make it 
> unneccessarily hard for people to work with the data.

Back to the software version again:  If you make modifications to
software licensed under the GPL there is nothing making it difficult for
you to work with it (freedom 0 is about having the freedom to use the
software).  When you release it to another party, and only then, you are
obliged to propagate the same freedoms you received to them.

I’ve asked this elsewhere on the list but I haven’t seen anybody answer
it:  This is not difficult for software, why should it be, or is it, any
different for data?

> We must do everything we can to avoid making things more difficult for 
> people than they are now (they are difficult enough already).

I see it as difficult to work with at the moment because CC-by-sa
doesn’t apply meaningfully to data, not because of the share‐alike.  A
new licence that does apply meaningfully to data and keeps the
share‐alike condition will make things easier for people than they are
now.

Simon
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simple system that works.—John Gall


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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Frederik Ramm
Hi,

Dair Grant wrote:
> Perhaps it's not worth treating the "translating the Database to a
> less-expressive form" case as different to any other modification case.
> 
> But it does seem a bit like jumping through hoops, when it would be simpler
> to say "I truncated all coordinates to 4 decimal places" or even "the DD is
> a subset of the information in version X of the D, and here's a copy of
> that".

I think this bit need serious work as it might, if handled carelessly, 
stifle creativity.

Say you take a planet dump or excerpt, make a shapefile, drop it into 
your favourite GIS tool, run some kind of rendering or filtering on it, 
maybe arrive at an SVG or PNG file, load it up in a graphics editor, 
make more changes, and after a number of steps arrive at something that 
looks cool on a T-shirt (like e.g. 
http://www.remote.org/frederik/tmp/shirt.png). The typical long night 
design job.

It is clear that you have made at least one derived database, and it is 
clear that you had some kind of "experience" at the end. Somewhere in 
between the database ceased to exist but this is something that is not 
part of your creative process, not something you even think about as you 
go back and forth between PostGIS, renderers, GIS software, bitmap 
editor, whatever. You might not even remember how you achieved a certain 
result. You are also very likely to throw away all intermediate results 
once your T-shirt design is sent to the printer as they are now irrelevant.

If I am not mistaken, then the new proposed license, as it stands, would 
require you to (a) identify the final "derived database" in the 
processing chain and (b) save it and make it available to everyone who 
gets a T-shirt.

Apart from this being pretty much useless to anybody (yes, Simon, I know 
that there may arise a situation where the world has been destroyed and 
the only thing that remains is the CD-ROM that was distributed with the 
T-Shirt from which we can now salvage a bit of OSM... but let's stick to 
those scenarios with a higher probability of entry for the time being!), 
it will burden the creative process with administrative decisions, apart 
from the fact that not everybody who designs a T-Shirt necessarily has 
the means to host a database for downloading.

(By the way, *for how long* would I have to make a database available 
after using it in a one-off gig like the T-shirt?)

This is a very murky area. We cannot even say that you only have to 
share additions or improvements to the database - because what is an 
improvement? If someone re-aligns a street in his local database copy 
based on precise measurements he has access to, then I want this 
improvement shared. If sets up his local copy of Potlach (the tool of 
choice for such operations!) and randomly moves 1.000 Central London 
nodes while urinating on a pile of Ordnance Survey maps and becomes a 
famous perforance artist then we don't *really* require him sharing his 
"improvement" even though it surely elevated OSM from the banal into the 
artistic Olymp with him.

But if we say you have to basically share everything you do to the 
database (as I understand the license to require now) then we make it 
unneccessarily hard for people to work with the data.

I'm tempted to say that if the data base is modified using some kind of 
original data input - from your GPS, from your company archives, from 
your Grandma's local knowledge - then ist has to be shared; if, on the 
other hand, you only apply algorithms or noise to it, then keep it an 
just tell us that your work is based on the so-and-so planet file. But 
I'm sure this, too, doesn't catch everything.

We must do everything we can to avoid making things more difficult for 
people than they are now (they are difficult enough already).

Bye
Frederik

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Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imagery for Public Domain Release

2008-10-11 Thread Frederik Ramm
Hi,

bvh wrote:
> Is using google imagery for OSM ok for the areas where they allow
> mapmaker? Has anyone asked Ed that?

Yes but he sort of evaded that question.

Bye
Frederik

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Rob Myers
Richard Fairhurst wrote:

> I am trying to restrain myself from replying to any of the other 9876  
> messages in this thread because It Has All Been Said Before.

Me too. ;-)

- Rob.



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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Peter Miller
> -Original Message-
> From: [EMAIL PROTECTED] [mailto:legal-talk-
> [EMAIL PROTECTED] On Behalf Of Simon Ward
> Sent: 11 October 2008 09:50
> To: legal-talk@openstreetmap.org
> Subject: [Spam] Re: [OSM-legal-talk] Paid services from OSM
> 
> On Sat, Oct 11, 2008 at 12:17:50AM +0100, Richard Fairhurst wrote:
> > > It shouldn't be about specifically contributing back to OSM.  Ivan has
> > > already pointed out this fails the desert island and dissident tests
> > > used as rules of thumb for the Debian Free Software Guidelines.
> >
> > Could I please ask that you wait for the current licence to be
> > published - and, if necessary, lobby for it to be so - before
> > complaining that it fails DFSG, or in fact any of the other points
> > under discussion.
> 
> My responses in this thread have been in response to Peter Miller's
> clarifications for the brief brief of the requirements for the new
> licence (and successive messages putting various points across).
> 
> I cannot comment on the new licence because I haven't seen it.  I have
> only the old draft to go on, but that's a moot point because I was
> commenting on the brief.
> 
> _I_ think this discussion is healthy, and will give people ideas on what
> to look out for when the licence is released.
>

Personally I am not prepared to wait for the foundation to deal with this
issue, we have waited too long and also I don't think it is healthy for the
foundation to try to do it in isolation of the community.

There is clearly a lot of enthusiasm within the community to work on the
licence and produce a detailed brief and set of use cases and we need to
engage with that enthusiasm. We have identified some important issues over
the past week and are getting them thrashed out one by one which is great.
When the licence appears we will be able to be much more constructive in our
feedback than if we hadn't been doing this before hand.

Fyi, I have a call booked with SteveC for later this afternoon to discuss
how we link this work on legal-talk in with the work he has been doing. I
will give an update on the list after the call.


Regards,



Peter

> Simon
> --
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> simple system that works.-John Gall


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Re: [OSM-legal-talk] [Spam] Re: Paid services from OSM

2008-10-11 Thread Peter Miller
Thanks. I have taken a look at these useful links and added them to the
bottom of the licence page under 'external links'

This is starting to look more and more like a software licence to me!



Regards,



Peter


> -Original Message-
> From: [EMAIL PROTECTED] [mailto:legal-talk-
> [EMAIL PROTECTED] On Behalf Of Simon Ward
> Sent: 11 October 2008 09:53
> To: legal-talk@openstreetmap.org
> Subject: [Spam] Re: [OSM-legal-talk] Paid services from OSM
> 
> On Sat, Oct 11, 2008 at 07:39:24AM +0100, Peter Miller wrote:
> > Btw, can someone provide a link for a primer to the requirements for
> > 'DSFG-compliance'
> 
> [DFSG]: http://www.debian.org/social_contract#guidelines
> [FAQ]: http://people.debian.org/~bap/dfsg-faq.html
> 
> Simon
> --
> A complex system that works is invariably found to have evolved from a
> simple system that works.-John Gall


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Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imageryfor Public Domain Release

2008-10-11 Thread Peter Miller


> -Original Message-
> From: [EMAIL PROTECTED] [mailto:legal-talk-
> [EMAIL PROTECTED] On Behalf Of bvh
> Sent: 11 October 2008 11:23
> To: legal-talk@openstreetmap.org
> Subject: [Spam] Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial
> Imageryfor Public Domain Release
> 
> On Sat, Oct 11, 2008 at 01:58:19AM +0200, Frederik Ramm wrote:
> > their aerial imagery from. - Ed Parsons once said that Google had to pay
> > extra for "traceable" aerial imagery as the "normal" licenses would not
> > have been suitable for using the material in an application like
> > MapMaker. If none of us makes too much noise then we'll all get away
> 
> Is using google imagery for OSM ok for the areas where they allow
> mapmaker? Has anyone asked Ed that?
> 

I am very sure it is not allowed. If it was allowed then Ed would have made
that clear on any number of occasions recently, notably at SOTM and at FOSS.

It is clear to me that Google are intending to leverage their user-base (100
million used of Google Maps each year I believe) to build/own/exploit the
mapping for these areas and gain more market share as a result.

I have had some indication that source data for these areas may be made
available at some point in the future, but I suspect that it will be on the
free-beer principle not the free-speech approach. Ed assured me recently
that Google is still keen to support OSM and I hope we will hear some
positive developments at some point but have no further information about
anything. For now it looks to me like they are building up a big asset to
further differentiate themselves from Yahoo/Microsoft in developing areas of
the world.

Personally I am more interested in whether Google's lead it this area pushes
other search engines our way as being the only way of competing with Big G.
Consider the parallels in the Microsoft/Linux fight, where anyone who was
not Microsoft supported the Linux bandwagon (IBM/Sun/Del/Intel etc). Will
Yahoo and Microsoft become major supporters of OSM, or will they get
TeleAtlas/Navteq to survey India, or will they do their own version of Map
Maker and if they do will there be enough people prepared to enter the data?
Will TeleAtlas/Navteq build their own communities to improve their data? I
am not sure they have communities at all in these countries to leverage.

I think Microsoft/Yahoo etc will have to go open-source through OSM which
will be interesting to say the least.


Peter

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Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imagery for Public Domain Release

2008-10-11 Thread bvh
On Sat, Oct 11, 2008 at 01:58:19AM +0200, Frederik Ramm wrote:
> their aerial imagery from. - Ed Parsons once said that Google had to pay 
> extra for "traceable" aerial imagery as the "normal" licenses would not 
> have been suitable for using the material in an application like 
> MapMaker. If none of us makes too much noise then we'll all get away 

Is using google imagery for OSM ok for the areas where they allow
mapmaker? Has anyone asked Ed that?

cu bart

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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Simon Ward
On Sat, Oct 11, 2008 at 07:39:24AM +0100, Peter Miller wrote:
> Btw, can someone provide a link for a primer to the requirements for
> 'DSFG-compliance'

[DFSG]: http://www.debian.org/social_contract#guidelines
[FAQ]: http://people.debian.org/~bap/dfsg-faq.html

Simon
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Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Simon Ward
On Sat, Oct 11, 2008 at 12:17:50AM +0100, Richard Fairhurst wrote:
> > It shouldn’t be about specifically contributing back to OSM.  Ivan has
> > already pointed out this fails the desert island and dissident tests
> > used as rules of thumb for the Debian Free Software Guidelines.
> 
> Could I please ask that you wait for the current licence to be  
> published - and, if necessary, lobby for it to be so - before  
> complaining that it fails DFSG, or in fact any of the other points  
> under discussion.

My responses in this thread have been in response to Peter Miller’s
clarifications for the brief brief of the requirements for the new
licence (and successive messages putting various points across).

I cannot comment on the new licence because I haven’t seen it.  I have
only the old draft to go on, but that’s a moot point because I was
commenting on the brief.

_I_ think this discussion is healthy, and will give people ideas on what
to look out for when the licence is released.

Simon
-- 
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simple system that works.—John Gall


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Re: [OSM-legal-talk] Forking - was Paid services from OSM

2008-10-11 Thread Adrian
>> If someone forks the project then the fork should be able to 
>> operate on exactly the same basis as the original project.
> 
> On closer inspection, this will never be possible. If you fork OSM, 

It's worth noting that it isn't possible to fork OSM on the same terms 
at the moment, even keeping the same licence.

For an example, consider where Australia will be in 50 years time. The 
current OSM database can solve that problem, a fork based on the planet 
dump would be unable to.


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