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

2011-02-01 Thread Anthony
On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote:
 Hi,

 Anthony wrote:

 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,

 Well I for one still believe that OSM is aiming to be a database of facts.

 and that therefore what's best for a
 database of facts is best for OSM.

 I think that the misconception from which CC is now distancing themselves is
 that data should be licensed CC0, not OSM is a databae of facts.

Alright, so, here's what they've said:

We occasionally encounter a misimpression that CC licenses can’t be
used for data and databases, or that we don’t want CC licenses to be
used for data and databases. This is largely our fault

Data and databases are often copyrightable. When licensed under any
of our licenses, the license terms apply to copyrightable data and
databases, requiring adaptations that are distributed be released
under the same or compatible license terms, for example, when a
ShareAlike license is used.

CC licenses can and should be used for data and databases, right now
(as they have been for 8 years) — with the important caveat that CC
3.0 license conditions do not extend to “protect” a database that is
otherwise uncopyrightable.

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[OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-01 Thread Frederik Ramm

Hi,

   this has arisen in a discussion on talk-gb, but I'm paraphrasing to
spare you the details.

Say you make a printed map that consists of an OSM base map with
something else sourced from elsewhere printed on top, e.g. an OSM map
with your private dataset of underground pipelines.

Until now it was my understanding that such a map can only ever be
licensed CC-BY-SA in full; you cannot say the base map is licensed
CC-BY-SA but if you trace off the underground pipelines then you violate
my copyright.

I know that at OSM we always used to say: If the layers are separable
then you can have different licenses on each; if not, then not.

For example, several projects using terrain elevation data from CGIAR,
which is licensened noncommercial use only, have gone to great lengths
to produce multi-layered tiled maps (OSM data on the base layer, then
CGIAR data on the semi-transparent intermediate layer, then OSM data
again on the top layer) because they have been told that if they merge
the data, then the whole tile must be licensed CC-BY-SA - you cannot
have a tile that says CC-BY-SA but the contour shadings herein must
only be used in a noncommercial context.

Over on talk-gb, Peter Miller claimed the opposite; he says that even if
multiple sources are combined in an inseparable way (e.g. printed on top
of each other), you can still claim that this is a collected work
where the CC-BY-SA license applies only to the OSM bit, and not to
whatever you printed on top.

Of course this would result in a map that can *not* be copied under
CC-BY-SA because it is virtually impossible to make a copy and leave out
the foreign data that has been printed on top.

Peter says that


I would consider the proposed resulting work to be 'two or more
distinct, separate and independent works selected and arranged into a
collective whole with the ccbysa content being used in an entirely
unmodified form'.


For me, this would be the case if you produce a book with copyrighted 
data on one page and CC-BY-SA data on the next, but not if you print 
everything into one so that it cannot be separated and the CC-BY-SA 
content cannot be accessed separately. I was under the impression that 
OSM data cannot be used as a base medium to distribute proprietary data.


Peter invited me to continue the discussion here rather than on talk-gb, 
so here we are. Does anyone have an opinion on the matter? I'd be very 
interested to hear them because I have been explaining CC-BY-SA to a lot 
of people an I always told them that if they make a printed product it 
*has* to be CC-BY-SA, fully. Now if it turns out that project opinion is 
rather more on Peter's side I'd probably make some phone calls tomorrow 
and tell some people that contrary to what I said earlier, they can go 
ahead with their projects ;)


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

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[OSM-legal-talk] per changeset relicensing

2011-02-01 Thread Richard Weait
There have been previous discussions regarding per changeset relicensing.

I'd like to know if developing the tools to allow per changeset
relicensing is worthwhile.  There will be some effort involved in the
coding, so it would be good to know in advance if this option will be
used by many or few mappers.

The intent of per changeset relicensing is to permit those with a
general agreement to the terms and license, but with a specific
concern about a source for a particular changeset to relicense their
data, but not relicense that data about which they are concerned.

Example:

Prof. Mapper maps by GPS and survey as she travels.  She also helped a
friend map in Erehwon, and added street names from Erehwon Council
data.  Erehwon council have given permission for derivation to OSM
under CC-By-SA, but discussion is continuing re: CT/ODbL, Prof. Mapper
agrees with CT/ODbL but recognizes that She doesn't have permission
yet to relicense the Erehwon street names.

Prof. Mapper could accept CT/ODbL for the bulk of her mapping, and
mark the seven Erehwon changesets a with a checkbox for Do Not
Relicense and with a note, Pending Erehwon Council permission.

This allows several options in the future. It points out datasets and
mappers with interest in discussing relicensing with a specific data
provider.  Should Erehwon Council agree to ODbL prior to any change
over date, the data can be included. If not, Prof. Mapper may continue
with their unencumbered data.



http://www.surveymonkey.com/s/WFVK6XS

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Re: [OSM-legal-talk] per changeset relicensing

2011-02-01 Thread David Groom
- Original Message - 
From: Richard Weait rich...@weait.com

To: Licensing and other legal discussions. legal-talk@openstreetmap.org
Sent: Tuesday, February 01, 2011 9:38 PM
Subject: [OSM-legal-talk] per changeset relicensing




There have been previous discussions regarding per changeset 
relicensing.


I'd like to know if developing the tools to allow per changeset
relicensing is worthwhile.  There will be some effort involved in the
coding, so it would be good to know in advance if this option will be
used by many or few mappers.


+1 from me

For instance I have nearly 8,000 changesets under one of my usre accounts 
but at present I don't think I can agree to the CT's for that user account.


However I'd be very surprised if less than 80% of those changesets were ODbL 
compliant, and I suspect that as far as the percentage of actual data 
contributed under those changesets the figure is even higher than 80%.


It would be a real shame to lose so much data (and so much of my work)

Personally I'd find it useful to be able to mark changesets as ODbL 
compliant or not.


First thoughts are that ideally I'd like:

1) the ability to mark all changesets before a certain date as ODbL 
compliant;
2) remaining changesets to be shown say 20 per page, and the ability to tag 
these individually or to select all  20 and mark as ODbL compliant.


David




The intent of per changeset relicensing is to permit those with a
general agreement to the terms and license, but with a specific
concern about a source for a particular changeset to relicense their
data, but not relicense that data about which they are concerned.

Example:

Prof. Mapper maps by GPS and survey as she travels.  She also helped a
friend map in Erehwon, and added street names from Erehwon Council
data.  Erehwon council have given permission for derivation to OSM
under CC-By-SA, but discussion is continuing re: CT/ODbL, Prof. Mapper
agrees with CT/ODbL but recognizes that She doesn't have permission
yet to relicense the Erehwon street names.

Prof. Mapper could accept CT/ODbL for the bulk of her mapping, and
mark the seven Erehwon changesets a with a checkbox for Do Not
Relicense and with a note, Pending Erehwon Council permission.

This allows several options in the future. It points out datasets and
mappers with interest in discussing relicensing with a specific data
provider.  Should Erehwon Council agree to ODbL prior to any change
over date, the data can be included. If not, Prof. Mapper may continue
with their unencumbered data.



http://www.surveymonkey.com/s/WFVK6XS

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