Re: [OSM-legal-talk] Licensing implications when extending POI with external metadata

2011-01-21 Thread Joao Neto
Thank for clarifying Anthony.

I apologize for the mistake. Not the best way to start posting in this
forum. I'm actually aware that the current license is CC-BY-SA 2.0 and this
was an unfortunate copy/paste mistake.
I do believe that my original questions still stand, as both licenses have a
share-alike requirement. Of all the license requirements, that's the one
that concerns me most, as providing all of my business data under the CC-BY-SA
2.0 would not be viable. Here are some of the questions that pop to mind:

   - If a commercial application complements OSM POI data with user-provided
   data (example: display a OSM POI along with user-provided address, phone
   number, etc.), is that considered altering, transforming, or building
   upon OSM data? In that example, would I have to distribute my user-provided
   data under the CC-BY-SA 2.0 license?
   - What if I keep the OSM POI data in a separate database and only
   reference it, would that make a difference?
   - If I help the community by feeding some of my user-provided data back
   to OSM, would that make a difference?
   - If the OSM POI data is displayed together (i.e. in the same page or
   same screen or same map, etc.) with data and POIs from other sources, does
   the share-alike apply?

Thanks,
Joao





On Fri, Jan 21, 2011 at 3:28 AM, Anthony o...@inbox.org wrote:

 On Thu, Jan 20, 2011 at 6:28 PM, Joao Neto joao.p.n...@gmail.com wrote:
  Hi,
 
  I'm planning to develop an Android application that displays
 OpenStreetMap
  POIs near you and complements the OSM data with data coming from other
  sources (address, phone numbers, user notes, etc.).
  What are the license implications in doing that? Would I have to expose
 the
  combined data under the ODbL?

 OSM is not currently licensed under the ODbL.  It is licensed under
 CC-BY-SA 2.0.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Andrew Harvey
Thanks for posting this Kai. Those comments from Creative Commons look
promising.

On Fri, Jan 21, 2011 at 11:02 AM, Kai Krueger kakrue...@gmail.com wrote:

 I'd like to link to a recent interesting article on the OSM licensing change
 on LWN (Linux Weekly News) as I haven't seen it be mentioned anywhere yet.

 http://lwn.net/Articles/422493/

 It also has a 60 entry long comment section. Although much is a rehash of
 the the endless debates on OSMs own communication channels,
 there are also a set of comments by user mlinksva from Creative Commons
 (e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
 that would suggest a possible, quite significant, change of attitude (or at
 least a perceived change) of CC towards open data licensing and OSM.

 I'll try and paraphrase some of the main points and hope I don't
 missrepresent anyone.

 - CC does not (no longer) think data should be PD and would be happy with
 copyleft on data. The statements of CC saying data should be PD were from
 science commons for scientific data only and was a misscommunication that it
 was perceived as general CC viewpoint

 - CC does care about data and either sees their licensing as potentially
 valid for data or intend to make it work for data

 - CC is (or will be) working on a new version 4 of their CC licenses, which
 will apparently make every effort to address the needs of the open data
 ecosystem

 What exactly this all means, if it is indeed a shift away from the position
 CC appears to have held previously, why it comes to light now and if it has
 any relevance to the license change process for OSM I have no idea. But
 perhaps we will find out more about this soon from CC as mlinksva mentioned
 he wanted to follow up on these points publicly.

 Their wiki page on version 4 ( http://wiki.creativecommons.org/Version_4 )
 at least is still entirely empty. So it probably isn't anything around the
 corner or of any certainty yet.

 Kai
 --
 View this message in context: 
 http://gis.638310.n2.nabble.com/LWN-article-on-license-change-and-Creative-Commons-tp5945925p5945925.html
 Sent from the Legal Talk mailing list archive at Nabble.com.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Rob Myers

On 21/01/11 00:02, Kai Krueger wrote:


I'll try and paraphrase some of the main points and hope I don't
missrepresent anyone.


I am *very* glad that CC are now publicly acknowledging the harm that 
Science Commons has caused.


I don't know how far CC can go with the 4.0 licences, but Mike's comment 
does appear to represent a major shift in thinking within CC.


It's well worth reading his responses to follow up comments in full.

And I look forward to the post he promises with great interest. :-)

- Rob.

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Re: [OSM-legal-talk] Licensing implications when extending POI with external metadata

2011-01-21 Thread Iván Sánchez Ortega
Hi, João, 


On Friday 21 January 2011 00:28:21 Joao Neto wrote:
 I'm planning to develop an Android application that displays OpenStreetMap
 POIs near you and complements the OSM data with data coming from other
 sources (address, phone numbers, user notes, etc.).
 What are the license implications in doing that? Would I have to expose the
 combined data under the ODbL?

The general consensus is that *displaying* data (POIs, etc) on top of a OSM 
layer is not a derivative work, so the ODbL doesn't apply to that data. Just 
remember to mention attribution and where does each layer come from in your 
app's documentation.

If you're keeping data apart, it'll be perfectly fine. Being able to switch 
OSM on and off would be very good. However, if you're mixing OSM POIs with 
some other POIs with no easy way to tell them apart, then ODbL would apply.


I hope that clears it up a bit.

Best,
-- 
--
Iván Sánchez Ortega i...@sanchezortega.es i...@geonerd.org

Now listening to: Lindstrøm  Prins Thomas - Chillout Sessions, Volume 5 
(2008) - [8] Run (6:20) (0.00%)


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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Andrew
Kai Krueger kakrueger@... writes:

 It also has a 60 entry long comment section. Although much is a rehash of
 the the endless debates on OSMs own communication channels,
 there are also a set of comments by user mlinksva from Creative Commons
 (e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
 that would suggest a possible, quite significant, change of attitude (or at
 least a perceived change) of CC towards open data licensing and OSM.

I hope there is no turf war brewing between Creative Commons and Open Data 
Commons.

--
Andrew



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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Richard Weait
On Fri, Jan 21, 2011 at 7:38 AM, Andrew wynnd...@lavabit.com wrote:
 I hope there is no turf war brewing between Creative Commons and Open Data
 Commons.

I wouldn't know.  On the other hand, Mike Linksvayer, from Creative
Commons, joined the License Working Group conference call on 18 Jan
2011.  The discussion was cordial.  I found it interesting to hear the
CC perspective on things.

So I wouldn't say that a turf war is brewing between CC and OSM.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Ed Avis
I think there has been a bit of a crossed wire between 'scientific data' and
'anything which can be considered as data'.  The position that scientific data
sets should be placed in the public domain seems reasonable (IMHO) but it is not
directly relevant to OSM because we are not a science project.

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


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Re: [OSM-legal-talk] Licensing implications when extending POI with external metadata

2011-01-21 Thread Anthony
On Fri, Jan 21, 2011 at 10:32 AM, Joao Neto joao.p.n...@gmail.com wrote:
 Great points Anthony. Thanks for sharing!
 To be honest I think the share-alike aspect of the license is too
 restrictive and working against the project. The most successful projects in
 the open source / community space all seem to have a very healthy balance
 between individual contribution and private contribution/investment. I think
 the share-alike requirement is killing the potential for growing a private
 ecosystem. In my opinion there aren't that many sustainable business models
 in this space where companies can freely share their data. If you do that,
 then eventually someone will copy your data and business model. With your
 differentiation factor gone, you'll be out of business pretty soon.

I think the same could be said of Wikipedia, and in fact there are
very few companies successfully making a business model out of taking
Wikipedia content.  Of course, that doesn't seem to be hurting
Wikipedia, which is a project to create a free encyclopedia, not a
project to help people make money off their non-free encyclopedias.

Likewise, OSM is, or at least was, a project to make a free editable
map of the world, not a project to help people make money off their
non-free maps of the world.

Unlike some in the OSM community I don't think there's anything wrong
with you wanting to make a profit off your maps and/or map data.  But
I also don't think helping you do so is any part of the goal of the
OSM project.

Fortunately for you OSM is changing to a license which is much more
favorable for exploitation by businesses.  Ask this question again in
a few months when and if the project has adopted the ODbL.

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Re: [OSM-legal-talk] Licensing implications when extending POI with external metadata

2011-01-21 Thread andrzej zaborowski
Hi Joao,

On 21 January 2011 16:32, Joao Neto joao.p.n...@gmail.com wrote:
 Great points Anthony. Thanks for sharing!
 To be honest I think the share-alike aspect of the license is too
 restrictive and working against the project. The most successful projects in
 the open source / community space all seem to have a very healthy balance
 between individual contribution and private contribution/investment. I think
 the share-alike requirement is killing the potential for growing a private
 ecosystem. In my opinion there aren't that many sustainable business models
 in this space where companies can freely share their data. If you do that,
 then eventually someone will copy your data and business model. With your
 differentiation factor gone, you'll be out of business pretty soon.
 I'll investigate the possibility of building a business that generates
 significant contribution to OSM POI data, but I'm skeptical that it can be
 made profitable while sharing data with the competition.

The hope here is that the availability of open data like that of OSM
will change this view at one point and the business models will
change.  If your differentiation factor is data it'll probably be
harder to stay on the market.  But it'll be much easier to enter the
market for those that make creative uses of data, which is what the
contributors of a project like this will often want (what I want
anyway) -- more creative uses, more new uses, more advanced
technology, faster.  If the underlying data can be crowdsourced fro
free then, for me, there is no need for a company to exist that will
do the same thing commercially and it's only better if the company
directs efforts elsewhere.

I see the situation as a little similar to when open-source software
wasn't yet popular and people thought it was a funny idea that it
would be exploitable commercially.

Cheers

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Anthony
On Fri, Jan 21, 2011 at 9:44 AM, Ed Avis e...@waniasset.com wrote:
 I think there has been a bit of a crossed wire between 'scientific data' and
 'anything which can be considered as data'.  The position that scientific data
 sets should be placed in the public domain seems reasonable (IMHO) but it is 
 not
 directly relevant to OSM because we are not a science project.

Strongly agree.  Whether started and/or spread by CC, OSM, both, or
neither, there definitely seems to be a common misconception that OSM
is simply a database of facts, and that therefore what's best for a
database of facts is best for OSM.

I'm thrilled to see that CC seems to be distancing itself from this position.

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