Re: [OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-13 Thread Gregory Arenius
On Mon, Dec 13, 2010 at 12:08 AM, Steve Bennett stevag...@gmail.com wrote:

 On Mon, Dec 13, 2010 at 6:56 PM, Gregory Arenius greg...@arenius.com
 wrote:

  I read this as saying that the terms of use, which are there as a hold
  harmless waiver, don't grant any rights.  It specifically states that if
 the
  city is claiming copyright on the data it will do so in the file or on
 the
  website that the file is accessed from.  The file in question has no such
  claims.

 Ok, well argued.

  My understanding is that I am legally entitled to grant that license
 because
  the city isn't claiming copyright on the data.  Its public domain and as
  such can be added.  I think the current draft of the CTs was changed to
  accommodate such things.

 One thing I'm curious about is the terms about indemnifying the City
 of SF against possible harm resulting from using the data. Let's say
 hypothetically that some third party uses the data that you
 incorporated into OSM, crashed their car due to bad data, and
 hypothetically they could sue someone over it. Now the OSM license
 disclaims liability (on the part of OSMF?) but does that other
 idemnification apply? (Actually I'm not sure what I'm asking actually
 makes sense.)

 I understand your question and it does make sense.   I'd think if they used
our data under a license that disclaims liability that that would be the end
of it but.

Cheers,
Gregory Arenius
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Re: [OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-12 Thread Gregory Arenius
On Sat, Dec 11, 2010 at 4:27 AM, Steve Bennett stevag...@gmail.com wrote:

 On Fri, Dec 10, 2010 at 9:16 AM, Gregory Arenius greg...@arenius.com
 wrote:
  city changed the click through to address those problems.  The agreement
 is
  located here: http://gispub02.sfgov.org/website/sfshare/index2.asp.

 See this clause:
 These Terms of Use do not grant You any title or right to any such
 intellectual property rights that the City or others may have in the GIS
 Data.

 Translation: You don't own it.


The full clause is:

IV.   City's intellectual property rights not affected

If the City claims or seeks to protect any patent, copyright, or other
intellectual property rights in any GIS Data, the website will so indicate
in the file containing such GIS Data or on the page from which such GIS Data
is accessed.  These Terms of Use do not grant You any title or right to any
such intellectual property rights that the City or others may have in the
GIS Data.


I read this as saying that the terms of use, which are there as a hold
harmless waiver, don't grant any rights.  It specifically states that if the
city is claiming copyright on the data it will do so in the file or on the
website that the file is accessed from.  The file in question has no such
claims.



 Now see this clause:
 You agree to only add Contents for which You are the copyright holder


 Translation: You don't own it, you can't add it.


I believe you're refering to the CTs.  My understanding is that the current
draft states:

You represent and warrant that, to the best of your knowledge, You are
legally entitled to grant the licence in Sections 2 and 3 below.

My understanding is that I am legally entitled to grant that license because
the city isn't claiming copyright on the data.  Its public domain and as
such can be added.  I think the current draft of the CTs was changed to
accommodate such things.


 (I'm glad this isn't just about Nearmap now.)


I sympathize with the Nearmap issues but I'm not sure that this is a
comparable situation.

I've heard a lot of differing opinions on this issue but my reading is that
everything is okay.  I don't just want to steamroll through if other people
think otherwise but I do think that we're okay using this data.  Is there a
way to get a more definitive reading of things?  A working group or
something?

Cheers,
Gregory Arenius
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[OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-09 Thread Gregory Arenius
The city of San Francisco has made a bunch of geo data available.  I plan on
importing the address nodes so that we can have door to door routing for San
Francisco and for geocoding purposes.  I just want to see if the click
through is compatible.  My understanding is that the data is basically
public domain and the agreement is mostly a hold harmless type of thing.
This is based on my reading of it and what they city has told me they intend
it to be. I have asked about this before and there were problems but the
city changed the click through to address those problems.  The agreement is
located here: http://gispub02.sfgov.org/website/sfshare/index2.asp.
Thoughts?

Cheers,
Greg
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Re: [OSM-legal-talk] list of user IDs having accepted the contributor terms

2010-10-10 Thread Gregory Arenius
Any info on who, or at least what percentage of people, clicked on the all
my edits are public domain checkbox?

Just curious.

Cheers,
Greg

On Sat, Oct 9, 2010 at 11:22 AM, Matt Amos zerebub...@gmail.com wrote:

 as part of the voluntary relicensing phase of the move to ODbL,
 existing contributors have had the ability to voluntarily accept the
 contributor terms. to help the community assess the impact of the
 relicensing it was planned to make the information about which
 accounts have agreed available. this will help with the evaluation of
 the process and analysis of any consequent data loss, should the
 switch be made. at the last LWG meeting, having been put to the board
 for approval, it was decided to make this available [1], and i'm
 pleased to announce that this list is now up [2] and being regularly
 refreshed from the database every hour.

 i look forward to seeing the new analyses, visualisations and tools
 that can be built using this data.

 cheers,

 matt

 [1] https://docs.google.com/View?id=dd9g3qjp_86hf7fnqg8
 [2] http://planet.openstreetmap.org/users_agreed/users_agreed.txt

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Re: [OSM-legal-talk] Is this clickthrough agreement compatible with OSM?

2010-08-26 Thread Gregory Arenius
Replying to myself here but...

The city sent me a prompt reply to my email.

They're big fans of our work and would like to help.  I will probably be
meeting with one of them in the coming week to discuss ways that we can
collaborate and what data sets we would like access to.  I wanted to ask
here what exactly I need to ask for with respect to licensing?  Just
explicit permission to use the data in OSM?  Anything else?

Thanks,
Greg





On Wed, Aug 25, 2010 at 5:11 AM, Gregory Arenius greg...@arenius.comwrote:

 I must have missed that particular section somehow.

 I sent off an email to ask the city if we could get the data under a
 license we could use.  We'll see what happens.

 As to how many OSMers are in the city its hard to say exactly.  There are a
 few people working on the map pretty frequently and a lot of one time
 editors who just edit one or two points.  Interestingly one of the last one
 time editors had the user name Monica at sfgov.

 Greg





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Re: [OSM-legal-talk] Is this clickthrough agreement compatible with OSM?

2010-08-25 Thread Gregory Arenius
I must have missed that particular section somehow.

I sent off an email to ask the city if we could get the data under a license
we could use.  We'll see what happens.

As to how many OSMers are in the city its hard to say exactly.  There are a
few people working on the map pretty frequently and a lot of one time
editors who just edit one or two points.  Interestingly one of the last one
time editors had the user name Monica at sfgov.

Greg
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