Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Andreas Perstinger

On 2011-07-08 01:43, Anthony wrote:

The idea that the OSM database just reproduces geographical facts
is, quite frankly, laughable.


I would like to join the laughter so please show me an example of a 
non-geographical fact in the database.


Bye, Andreas


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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Maarten Deen

On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote:

On 2011-07-08 01:43, Anthony wrote:

The idea that the OSM database just reproduces geographical facts
is, quite frankly, laughable.


I would like to join the laughter so please show me an example of a
non-geographical fact in the database.


Turn restrictions, maximum speeds, oneway streets, even the value of 
the highway tag is not a geographical fact. The whole craft section, 
lots of the non_physical stuff. And I'm sure there's more.


Regards,
Maarten

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Simon Poole

Geo-referenced facts?

And, all of your examples other even less potential to be a protected 
work than your typical way.


Simon

Am 08.07.2011 09:10, schrieb Maarten Deen:

On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote:

On 2011-07-08 01:43, Anthony wrote:

The idea that the OSM database just reproduces geographical facts
is, quite frankly, laughable.


I would like to join the laughter so please show me an example of a
non-geographical fact in the database.


Turn restrictions, maximum speeds, oneway streets, even the value of 
the highway tag is not a geographical fact. The whole craft section, 
lots of the non_physical stuff. And I'm sure there's more.


Regards,
Maarten

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Richard Fairhurst
Maarten Deen wrote:
 Turn restrictions, maximum speeds, oneway streets, even the value 
 of the highway tag is not a geographical fact.

Sure they are.

If I walk about 20 yards from my front door, there's a no entry sign at a
certain lat/long. If I walk a bit further along, facing the other way,
there's a one way sign at another lat/long. From those two geographical
facts[1], I can deduce that a particular road is oneway. Therefore I tagged
http://www.openstreetmap.org/browse/way/1058809 with oneway=yes. 

Same goes for turn restrictions, maximum speeds, and certainly over here,
highway tags. The one major exception in the OSM database is administrative
boundaries.

cheers
Richard

[1] ok, and also the fact I get shouted at when I cycle up it the wrong way



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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Andreas Perstinger

On 2011-07-08 09:10, Maarten Deen wrote:

On Fri, 08 Jul 2011 08:59:26 +0200, Andreas Perstinger wrote:

 On 2011-07-08 01:43, Anthony wrote:

 The idea that the OSM database just reproduces geographical facts
 is, quite frankly, laughable.


 I would like to join the laughter so please show me an example of a
 non-geographical fact in the database.


Turn restrictions, maximum speeds, oneway streets, even the value of
the highway tag is not a geographical fact. The whole craft section,
lots of the non_physical stuff. And I'm sure there's more.


Yeah, I just looked out of the window and realized that the streets have 
no names painted on them. And there are even no boundary lines in the 
landscape.


Man, I really should get out more often.

Bye, Andreas

PS: Sorry for the sarcasm but I decided that I've better things to do 
than nitpicking on the exact definitions of words or terms. You can 
spare any replies because I will just ignore them.


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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Maarten Deen

On Fri, 8 Jul 2011 02:18:46 -0700 (PDT), Richard Fairhurst wrote:

Maarten Deen wrote:

Turn restrictions, maximum speeds, oneway streets, even the value
of the highway tag is not a geographical fact.


Sure they are.

If I walk about 20 yards from my front door, there's a no entry 
sign at a
certain lat/long. If I walk a bit further along, facing the other 
way,
there's a one way sign at another lat/long. From those two 
geographical
facts[1], I can deduce that a particular road is oneway. Therefore I 
tagged

http://www.openstreetmap.org/browse/way/1058809 with oneway=yes.

Same goes for turn restrictions, maximum speeds, and certainly over 
here,
highway tags. The one major exception in the OSM database is 
administrative

boundaries.


IMHO that's stretching the geographic bit very far. Sure, the fact 
that there is a sign is a geographic fact, but the fact that that 
signifies something for the road or object that's there is just 
convention.
And highway value is certainly not geographic. There is nothing about 
the location or presence of a road that makes it motorway or 
tertiary. That is only because it is designated as such. That 
designation can change anytime, but by doing so you don't change the 
geography of the place.


Regards,
Maarten


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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Rob Myers
On 08/07/11 10:31, Maarten Deen wrote:
 
 IMHO that's stretching the geographic bit very far. Sure, the fact
 that there is a sign is a geographic fact, but the fact that that
 signifies something for the road or object that's there is just convention.
 And highway value is certainly not geographic. There is nothing about
 the location or presence of a road that makes it motorway or
 tertiary. That is only because it is designated as such. That
 designation can change anytime, but by doing so you don't change the
 geography of the place.

Now define road. ;-)

- Rob.



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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread ce-test, qualified testing bv - Gert Gremmen

On Fri, 8 Jul 2011 02:18:46 -0700 (PDT), Richard Fairhurst wrote:
 Maarten Deen wrote:
 Turn restrictions, maximum speeds, oneway streets, even the value
 of the highway tag is not a geographical fact.

 Sure they are.

 If I walk about 20 yards from my front door, there's a no entry 
 sign at a
 certain lat/long. If I walk a bit further along, facing the other 
 way,
 there's a one way sign at another lat/long. From those two 
 geographical
 facts[1], I can deduce that a particular road is oneway. Therefore I 
 tagged
 http://www.openstreetmap.org/browse/way/1058809 with oneway=yes.

 Same goes for turn restrictions, maximum speeds, and certainly over 
 here,
 highway tags. The one major exception in the OSM database is 
 administrative
 boundaries.

IMHO that's stretching the geographic bit very far. Sure, the fact 
that there is a sign is a geographic fact, but the fact that that 
signifies something for the road or object that's there is just 
convention.
And highway value is certainly not geographic. There is nothing about 
the location or presence of a road that makes it motorway or 
tertiary. That is only because it is designated as such. That 
designation can change anytime, but by doing so you don't change the 
geography of the place.

--
[GG] But these are facts, this copyright discussion is not about 
geographic facts only, and no list of facts can be copyrighted,
just the method of organization of facts can be copyrighted.

The discussion is also about if the inevitable limitation/deviation from
reality
(be it geographic or nomenclatural or other facts), that a geodatabase 
such as OSM  represents, can be characterized as creative work.

My opinion is that as we are not intentionally deviating from reality
with the intent of being creative, it cannot be a creative work and so
not
be copyrighted. This has been supported by a number of courts in
4-5 countries among Austria (and I think Netherlands, not sure)

Some of us think that any human activity on data results in 
creative work that can be copyrighted.

Note that this is just about the database, not about the resulting
tiles or printed maps.


Regards
Gert

Regards,
Maarten


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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-08 Thread Rob Myers
On 08/07/11 13:14, ce-test, qualified testing bv - Gert Gremmen wrote:
 
 And highway value is certainly not geographic. There is nothing about 
 the location or presence of a road that makes it motorway or 
 tertiary. That is only because it is designated as such. That 
 designation can change anytime, but by doing so you don't change the 
 geography of the place.

One bit of earth or tarmac is pretty much the same as another.

What makes them a road?

- Rob.



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Re: [OSM-legal-talk] [OSM-talk] offering adapted databases

2011-07-08 Thread Steve Coast

shifting to legal

On 7/8/2011 3:50 PM, Anthony wrote:

On Fri, Jul 8, 2011 at 6:14 PM, Steve Coastst...@asklater.com  wrote:

Lets say you make a map and someone wants the data.

First, are you acting in the spirit of the license? Let's assume yes. That
gets you 99% of the way there, despite your technical detail analysis.

I'm not really sure what the spirit of the license is, so I don't
think it's safe to assume I am acting within the spirit of the
license.

Is CloudMade acting within the spirit of the license when they display
maps containing proprietary data which can be bought for only
$295/year?  I don't see how they are, but apparently you think they
are, right?


I have no idea, I don't work there.


Next, you don't have to make the database available. You can make the db
available, or the code.

What code?  I generally don't write all the code and then run the
code.  I add a few things here, run a little bit of SQL there, find
some mistakes and run some more SQL, build some indexes, transfer some
files to EC2, run some scripts on EC2 which are too memory intensive
for my home machine, transfer some files back, etc.

Making the code available doesn't work.


Well that's what the license says, there's community norms around this stuff


http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline


It feels like you're just looking for a reason to say no. It's extremely 
simple: It's there because of the concern you have. Just publish or 
point to the code. Declaring it 'doesnt work' isn't helping or true.


No license is going to be 100% perfect. Do you understand that?

We would all have a lot more time for you, I think, if your attitude was 
ok the license is basically done, we've spent years on it, lets get it 
done and move on to version 2 rather than I'm going to hold out with 
increasingly outlandish scenarios until they delete my data.


Personally I think your questions about how much time to keep the db 
for, for example, are reasonable. The problem is I could sit here for 10 
minutes and come up with 10 reasonable looking questions like that about 
any license and we would never get anywhere. So, my preference is we 
just finish this phase and then work on implementing a bunch of fixes. 
But this stasis of concerns in perpetuity isn't going to work.


If the LWG declared they would look at all those kinds of problems in a 
'version 2' would you join us?




Adding a question, because your point about storage brings up a
potential semi-solution:  What if I just store every database I ever
use on a hard drive, and if someone asks for a copy I send them, for
the cost of a hard drive plus shipping, everything?


I believe the GPL has an 'at cost' clause somewhere, and personally I 
think that's reasonable.


Steve

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