Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Ed Avis
Frederik Ramm frede...@... writes:

Data that is not fully relicensable, i.e. comes with strings attached, 
will always be second-class data in OSM because it carries with it the 
potential to cause problems. At the very least it would have to be 
flagged as such. Giving everyone the opportunity to add such 
second-class data at will (and risking that others who would normally 
contribute first-class data build on second-class data and thus produce 
something of lesser use to the project) seems a bad choice to me - 
worse, actually, than doing our best to explain to everybody why we can 
only accept first-class data, and wave a sad goodbye to those who won't 
play.

The OSM project only publishes data 'with strings attached'.  I think we should
not demand from others more than we are willing to do ourselves.

-- 
Ed Avis e...@waniasset.com


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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Tobias Knerr
John Smith wrote:
 On 6 January 2011 10:11, Tobias Knerr o...@tobias-knerr.de wrote:
 This would not be better at all, it would render the whole idea of
 relicensing via Contributor Terms pointless.
 
 This aregument you keep stating about people thinking the data is
 owned by people isn't the full store, in fact I think it was Anthony
 that pointed this out the other day about people collaborating on a
 movie project and having a certain expectation about the licensing at
 the end of it

Yes, I remember - he used this example to show that majority relicensing
is not a natural consequence of a collective effort. But that was
never quite my point.

Relicensing through majority /does/ make sense for a collective effort
if the intention is to be actually able to perform a license change. How
many successfully relicensed movies do you know?

 Grant and others keep going on about reading the spirit of the CT more
 than the wording, but at present OSM uses a share a like license
 (similar to GPL) but might switch to a PD/BSD license in future, this
 uncertainty will turn many in the software world off, as I keep asking
 why is the majority of OSM software so proudly offered under GPL and
 not BSD if you want things to be future proofed?

Unlike ODbL, GPL and the FSF have had the opportunity to build trust
over the course of decades. Software licensing is well understood, and
there is an established set of license choices. All this is not true for
ODbL and ODC in the realm of databases. A stable license landscape is
very important for share alike licenses because they tend to be mutually
incompatible even if they have similar intentions.

Another obvious difference is, of course, that the number of programmers
in an FLOSS project is multiple orders of magnitudes smaller than the
number of contributors to our database, making ask everyone
relicensing somewhat feasible.

If there is any comparable example at all, it's not software
development, but rather Wikipedia's license change from the dead-end
that was GFDL to the popular CC-by-sa. This was a majority decision,
wouldn't ever have been possible through individual relicensing, and I'm
under the impression that it was almost univerally welcomed as an
excellent move.

Tobias Knerr

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Tom Hughes
On 04/01/11 15:49, Richard Fairhurst wrote:

 As it happens OS is planning to move to the Open Government Licence, and
 this has an explicit compatibility clause with any ODC attribution licence.
 (It also has sane guidance on attribution, e.g. If it is not practical to
 cite all sources and attributions in your product prominently, it is good
 practice to maintain a record or list of sources and attributions in another
 file. This should be easily accessible or retrievable.)

This switch has just been announced:

http://blog.ordnancesurvey.co.uk/2011/01/changes-to-the-os-opendata-licence/

Tom

-- 
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http://compton.nu/

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Richard Fairhurst

Robert Whittaker (OSM) wrote:
 hopefully OS will switch to the new Open Government License soon, 
 which is explicitly compatible with ODbL.

They switched today. :)

cheers
Richard


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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Rob Myers

On 01/06/2011 12:47 PM, Frederik Ramm wrote:

Hi,

On 01/06/11 11:29, Richard Fairhurst wrote:

hopefully OS will switch to the new Open Government License soon,
which is explicitly compatible with ODbL.


They switched today. :)


How can they do that without discussing it for four years in advance?


Also, despite being a British citizen, I didn't get to vote on it.

The switch is great news though. :-)

- Rob.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Anthony
On Thu, Jan 6, 2011 at 4:53 AM, Tobias Knerr o...@tobias-knerr.de wrote:
 John Smith wrote:
 On 6 January 2011 10:11, Tobias Knerr o...@tobias-knerr.de wrote:
 This would not be better at all, it would render the whole idea of
 relicensing via Contributor Terms pointless.

 This aregument you keep stating about people thinking the data is
 owned by people isn't the full store, in fact I think it was Anthony
 that pointed this out the other day about people collaborating on a
 movie project and having a certain expectation about the licensing at
 the end of it

 Yes, I remember - he used this example to show that majority relicensing
 is not a natural consequence of a collective effort. But that was
 never quite my point.

 Relicensing through majority /does/ make sense for a collective effort
 if the intention is to be actually able to perform a license change.

Sure.  But it's not my intention that OSM be actually able to perform
a license change.  I haven't been sold that the ability to change
licenses, as opposed to the ability to upgrade to a new version of the
same license, is more important than the principle of, as you put it,
individual data ownership.

As I've agreed in the past, it is indeed a fundamental philosophical
disagreement.  I am a strong believer that individual ownership, as
opposed to collective ownership, produces the best and most fair
results.

I don't believe that large groups of people, acting collectively via
voting, make good decisions about licenses.  And, in fact, I think you
will find that even among successful projects which have delegated
license decisions away from the individual contributors, that the vast
majority of them have delegated those decisions to individuals or to
very small groups/boards/committees, not to the membership at large or
to the contributors at large.

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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence (was: CTs and the 1 April deadline)

2011-01-06 Thread Mike Collinson
At 03:32 PM 6/01/2011, John Smith wrote:
On 7 January 2011 00:45, Mike Collinson m...@ayeltd.biz wrote:
 Clause 4 of the new CTs may cover us completely, [it was designed for
 governmental organisations] and I have updated

IMHO, section 4 is useless unless there is some kind of clause stating
what will happen if the license changes in future.

Clause 4 is part of the Contributor Terms. That is the point. It survives any 
license changes in the future.

Mike



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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Mike Collinson
At 05:04 PM 6/01/2011, Richard Fairhurst wrote:

Mike Collinson wrote:
 given that at least one contributor has been pointlessly editing my 
 personal contributions apparently so that they are no longer ODbL-ready, 
 sickly sadly all too possible.

That's vandalism, of course. Could you share their user ID?


Richard,

I'll let sleeping dogs lie for the while as said user has normally conducted 
themselves with personal courtesy to all.  I hold my breath that I have got 
entirely the wrong end of the stick and an August mass deletion of abutters 
tags, carefully ground recorded and entered when such things showed on the map, 
is meant to be replaced with imagery landuse digitisation :-)


cheers
Richard

(Rather coincidentally, this was published today:
http://mimiandeunice.com/2011/01/06/ownership/ )

What a beautifully apt cartoon!

I almost wish that Tobias Knerr's words earlier in this thread were my own:

The Contributor Terms are clearly based on the idea that we are building
a database together. It's not just several people's maps sitting next to
each other, it's a collective effort, with no clear separation between
my data, your data and their data.
As a consequence, aspects such as the license are subject to collective,
not individual, decisions.


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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence (was: CTs and the 1 April deadline)

2011-01-06 Thread Mike Collinson
Nope. Clause 4 survives any license changes in the future, it is nothing to do 
with the end user license:

4. At Your or the copyright owner’s holder’s option, OSMF agrees to attribute 
You or the copyright owner holder. A mechanism will be provided, currently a 
web page 
http://wiki.openstreetmap.org/wiki/Attributionhttp://wiki.openstreetmap.org/wiki/Attribution.
 

Mike

At 04:42 PM 6/01/2011, John Smith wrote:
Which clause 3 contradicts

On 1/7/11, Mike Collinson m...@ayeltd.biz wrote:
 At 03:32 PM 6/01/2011, John Smith wrote:
On 7 January 2011 00:45, Mike Collinson m...@ayeltd.biz wrote:
 Clause 4 of the new CTs may cover us completely, [it was designed for
 governmental organisations] and I have updated

IMHO, section 4 is useless unless there is some kind of clause stating
what will happen if the license changes in future.

 Clause 4 is part of the Contributor Terms. That is the point. It survives
 any license changes in the future.

 Mike



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[OSM-legal-talk] US Rails to Trails database

2011-01-06 Thread Richard Masoner
Hi all,

I'm a rank newbie at OSM, but getting into it because of my interest in
mapping bike facilities.

The US Rails to Trails Conservancy has an outstanding database of bicycling
trails. This Traillink database is the basis of Google's bike layer.  I've
read the legal FAQs for using data from other parties and understand it's
best to get specific permission on data imports.

I asked Rails to Trails about licensing their data to OSM and they say
they've been thinking about it and asked me to put them in touch with
somebody official at OSM.  They also indicated they would like some kind
of attribution where their data is used.

So, umm, who do I point them to?

Thanks!

Richard Masoner
Santa Cruz, California USA
http://www.cyclelicio.us/ is yummy!
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Re: [OSM-legal-talk] US Rails to Trails database

2011-01-06 Thread Richard Weait
On Thu, Jan 6, 2011 at 4:15 PM, Richard Masoner rmaso...@gmail.com wrote:
 Hi all,
 I'm a rank newbie at OSM, but getting into it because of my interest in
 mapping bike facilities.
 The US Rails to Trails Conservancy has an outstanding database of
 bicycling trails. This Traillink database is the basis of Google's bike
 layer.  I've read the legal FAQs for using data from other parties and
 understand it's best to get specific permission on data imports.
 I asked Rails to Trails about licensing their data to OSM and they say
 they've been thinking about it and asked me to put them in touch with
 somebody official at OSM.  They also indicated they would like some kind
 of attribution where their data is used.
 So, umm, who do I point them to?

You can have them contact the OSMF License Working Group
le...@osmfoundation.org

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-06 Thread Rob Myers

On 01/06/2011 07:14 PM, Mike Collinson wrote:

At 05:04 PM 6/01/2011, Richard Fairhurst wrote:

(Rather coincidentally, this was published today:
http://mimiandeunice.com/2011/01/06/ownership/ )


What a beautifully apt cartoon!


Yes, I wish I'd found it. :-)

- Rob.

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