[OSM-legal-talk] Re-using ODbL for other, similiar project?

2011-06-21 Thread Willy

Hi folks,

this is my first post on this list, so kindly excuse if my questions are 
misplaced or have been answered before.


I am working on a project similar to OSM: The objective is to provide a 
free database with basic geospatial and meta data of airfields 
(coordinates, height, runway info, and radio frequency). I am thinking 
about a good license for that database and I found ODbL.


Question 1: May I copy and re-use the ODbL text for my project? Is the 
license itself free?


Actually I inherited the database after the creator passed away some 
time ago. Back then he told me that all data in that database is either 
from free sources or had been collected by contributors. However, he 
neither had/demanded something like ODbL's Terms of Contribution nor 
archived the cotribution postings. So I have no objective evidence for 
the data source.


Question 2: Under those circumstances, would you recommend not to add 
the data to OSM?


Thanks a lot for your help,
Willy



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Re: [OSM-legal-talk] Re-using ODbL for other, similiar project?

2011-06-21 Thread Ed Avis
Willy willy@... writes:

Question 1: May I copy and re-use the ODbL text for my project? Is the 
license itself free?

Yes, I believe so, although I do not see an explicit statement on
http://www.opendatacommons.org/ or in the licence text.
 
Actually I inherited the database after the creator passed away some 
time ago. Back then he told me that all data in that database is either 
from free sources or had been collected by contributors. However, he 
neither had/demanded something like ODbL's Terms of Contribution nor 
archived the cotribution postings. So I have no objective evidence for 
the data source.

I don't believe the ODbL has any 'terms of contribution'.  Those are a separate
idea thought up by the OSM project.  But yes, in general it would be a good idea
to check that you have permission to release your project under this licence.
 
Question 2: Under those circumstances, would you recommend not to add 
the data to OSM?

That's not really a legal question but an organizational one.  Note, however,
that just releasing your project under ODbL might not be enough to allow its
incorporation into the OSM project, which has its own set of contributor terms.
You might also consider releasing as public domain.

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


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Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-21 Thread Grant Slater
On 21 June 2011 05:46, Steve Bennett stevag...@gmail.com wrote:
 Hang on, here's Nearmap's statement: All such additions or edits
 submitted to OSM prior to 17 June 2011 may be held and continue to be
 used by OSM under the terms in place between OSM and the individual
 which submitted the addition or edit at the relevant time.

 And here's Nick's interpretation: Nearmap wish all contributions to
 OSM, by any mapper who has agreed to the CT, derived from their
 imagery (before the 17th June 2011) to be able to be relicenced by
 OSMF under any licence it (OSMF) chooses at any time.


OpenStreetMap.org has had Contributor Terms for at least the last 5 years.
See the CTs history here:
http://wiki.openstreetmap.org/wiki/Open_Database_License/Contributor_Terms/History

/ Grant

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Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-21 Thread Stephen Gower
[Sorry to quote so much context - please do scroll down!)

On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote:
 I think the question being asked arises from the following
 hypothetical chain of events:
 
 1/ Person A has a database that he licenses under ODbL.
 
 2/ Person B takes the database and creates a produced work [...] and also
 licenses the produced work (eg map tiles) under either (i) PD/CC0 or (ii)
 CC-By.
 
 3/ Person C takes the produced work under PD/CC0 or CC-By, and creates
 a derivative work from it by 'reverse engineering' the map tiles to
 recover (some of) the data in the original database. [...]

I think it's worth re-iterating the point made earlier:

If Person A has publically expressed their desire that the database and
copies of it remain under ODbL, and Person C is aware of this, then Person C
needs to get their own legal advice. Person A, if asked about the possible
loophole, should just repeat that their intention is that copies of the
database should only be available under ODbL.

Person A also should do as much as they can to make sure any potential
Person C is aware of the intention.  In the case of OSM, it helps that it's
the largest open map data project - it's likely anyone thinking of creating
a map data from tiles they somehow got hold of from Person B would
investigate and discover OSM exists.

s

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Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-21 Thread John Smith
On 21 June 2011 23:31, Stephen Gower socks-openstreetmap@earth.li wrote:
 [Sorry to quote so much context - please do scroll down!)

 On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote:
 I think the question being asked arises from the following
 hypothetical chain of events:

 1/ Person A has a database that he licenses under ODbL.

 2/ Person B takes the database and creates a produced work [...] and also
 licenses the produced work (eg map tiles) under either (i) PD/CC0 or (ii)
 CC-By.

 3/ Person C takes the produced work under PD/CC0 or CC-By, and creates
 a derivative work from it by 'reverse engineering' the map tiles to
 recover (some of) the data in the original database. [...]

 I think it's worth re-iterating the point made earlier:

 If Person A has publically expressed their desire that the database and
 copies of it remain under ODbL, and Person C is aware of this, then Person C
 needs to get their own legal advice. Person A, if asked about the possible
 loophole, should just repeat that their intention is that copies of the
 database should only be available under ODbL.

 Person A also should do as much as they can to make sure any potential
 Person C is aware of the intention.  In the case of OSM, it helps that it's
 the largest open map data project - it's likely anyone thinking of creating
 a map data from tiles they somehow got hold of from Person B would
 investigate and discover OSM exists.

I don't think intent alone is enough, if the intent is to limit
derivative copies you need to stipulate that in your license to B,
otherwise you know that C is able to do what ever he likes based on
the license between B and C.

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Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-21 Thread Mike Dupont
On Wed, Jun 22, 2011 at 4:57 AM, John Smith deltafoxtrot...@gmail.comwrote:

  Person A also should do as much as they can to make sure any potential
  Person C is aware of the intention.  In the case of OSM, it helps that
 it's
  the largest open map data project - it's likely anyone thinking of
 creating
  a map data from tiles they somehow got hold of from Person B would
  investigate and discover OSM exists.

 I don't think intent alone is enough, if the intent is to limit
 derivative copies you need to stipulate that in your license to B,
 otherwise you know that C is able to do what ever he likes based on
 the license between B and C.



I wanted to stay out of this endless discussion, but let me point out the
simple fact that copyleft is designed to solve this problem. When you get
a copy of the data, you get the intended license and done need a contract.
It is pretty simple and it has been tested in court via the gpl.

mike
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