Re: [OSM-legal-talk] Guideline review: Substantial

2014-04-30 Thread Richard Fairhurst
Paul Norman wrote:
 Is there any relevant case law on substantial?

A brief reminder that there are two useful wiki pages:

https://wiki.openstreetmap.org/wiki/Statute_law
http://wiki.osm.org/wiki/Case_law

which collect links to useful papers and cases. In particular Charlotte
Waelde's paper contains a long discussion of what might be considered
substantial in a geo context post-BHB:

http://edina.ac.uk/projects/grade/gradeDigitalRightsIssues.pdf

Richard





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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread jonathan
+1 I know of a few sites who have not responded to my email.  what is 
the next step?


Jonathan

http://bigfatfrog67.me

On 30/04/2014 00:34, Simon Poole wrote:


Just a reminder, this thread started of with a discussion of
attribution, or rather lack of such. I don't think there is very much
doubt about what the licence requires even given all the complexity of
the ODbL, for a produced work it is:

However, if you Publicly Use a Produced Work, You must include a notice
associated with the Produced Work reasonably calculated to make any
Person that uses, views, accesses, interacts with, or is otherwise
exposed to the Produced Work aware that Content was obtained from the
Database,

Our suggested attribution text is already very minimal. It is not clear
to me what reasonable objections exist against simply attributing OSM as
we require.

Simon



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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread Tobias Knerr
On 28.04.2014 23:34, Kai Krueger wrote:
 I would say we can all agree on that for the majority of the community
 giving data back when you fix things is the spirit of the share-a-like
 license of OSM.

Even as a supporter of more liberal licensing, this is a spirit I could
pretty much get behind.

But we have to judge a license based on its actual effects, not the
original intention. What annoys me, for example, is when we require
people to publish data that we wouldn't even want if they offered it.

Tobias

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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread Alex Barth
 Just a reminder, this thread started of with a discussion of
attribution, or rather lack of such

Doesn't help that the original post conflates the issues :p

On Tuesday, April 29, 2014, Simon Poole si...@poole.ch wrote:



 Just a reminder, this thread started of with a discussion of
 attribution, or rather lack of such. I don't think there is very much
 doubt about what the licence requires even given all the complexity of
 the ODbL, for a produced work it is:

 However, if you Publicly Use a Produced Work, You must include a notice
 associated with the Produced Work reasonably calculated to make any
 Person that uses, views, accesses, interacts with, or is otherwise
 exposed to the Produced Work aware that Content was obtained from the
 Database,

 Our suggested attribution text is already very minimal. It is not clear
 to me what reasonable objections exist against simply attributing OSM as
 we require.

 Simon


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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread Rob Myers
On 30/04/14 03:18 AM, Tobias Knerr wrote:
 
 But we have to judge a license based on its actual effects, not the
 original intention. What annoys me, for example, is when we require
 people to publish data that we wouldn't even want if they offered it.

The users of the data may want it. The license exists to benefit them,
not (just) OSM.

If the actual effects worked against this then yes there would be a problem.

- Rob.


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Re: [OSM-legal-talk] Attributing OpenStreetMap at Mapbox

2014-04-30 Thread Richard Weait
On Wed, Apr 30, 2014 at 11:56 AM, Alex Barth a...@mapbox.com wrote:
 I just posted a writeup on my diary on how we're attributing OpenStreetMap
 at Mapbox.
[ ... ]
[ and from the blog ]
 (c) Mapbox (c) OpenStreetMap links to https://www.mapbox.com/about/maps with 
 a full listing of all sources.
[ ... ]
 Looking
 forward to feedback.

I feel that the attribution that you currently use provides
insufficient recognition for OpenStreetMap.

A rough equivalent would be to refer to your company or one of your
products, but then link to

http://wiki.openstreetmap.org/wiki/Commercial_OSM_Software_and_Services

Your choice of attribution is probably okay based on a strict reading
of the current guidance in the wiki.  I feel that we should change
that guidance and require a more prominent, and individualized
attribution for OpenStreetMap.

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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread Tobias Knerr
On 30.04.2014 19:37, Rob Myers wrote:
 On 30/04/14 03:18 AM, Tobias Knerr wrote:

 But we have to judge a license based on its actual effects, not the
 original intention. What annoys me, for example, is when we require
 people to publish data that we wouldn't even want if they offered it.
 
 The users of the data may want it. The license exists to benefit them,
 not (just) OSM.
 
 If the actual effects worked against this then yes there would be a problem.

I think there is quite a bit of data that will, with high likelihood,
never be of use to anyone. That's especially true for byproducts of the
creation of a produced work.

But your argument about also shows that there are mappers who ask for a
lot more than just giving data back when you fix things. Thus it would
be foolish for a data consumer to assume they only have to follow that
spirit, as much as I wish that was enough.

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Re: [OSM-legal-talk] Attribution

2014-04-30 Thread Rob Myers
On 30/04/14 02:35 PM, Tobias Knerr wrote:
 
 I think there is quite a bit of data that will, with high likelihood,
 never be of use to anyone. That's especially true for byproducts of the
 creation of a produced work.

It's been of use to at least one person. The person who created the
produced work.

But if the license can encourage more cost effective and environmentally
friendly computation that's an unexpected benefit. ;-)

 But your argument about also shows that there are mappers who ask for a
 lot more than just giving data back when you fix things.

It shows that the intent of the license is for *all* users of the data
to be free to use it however they encounter it.

If that requires more than bug fixes then so be it. The license doesn't
exist to protect corporations from having to pay for proprietary data
(or to drum up contributions for OSM), it exists to protect the freedom
of every user of the data.

 Thus it would
 be foolish for a data consumer to assume they only have to follow that
 spirit, as much as I wish that was enough.

If the data isn't used to produce the work, it doesn't have to be provided.

Trying to work around this isn't foolish, it's malicious.

Where there is legitimate uncertainty it should be cleared up if
possible. But always to favour *all* users of the data.

- Rob.


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