[OSM-legal-talk] Copyright of old media / images / maps

2014-04-04 Thread Martin Koppenhoefer
Anybody can explain how it can be legal to claim copyright on old material,
say 18th or 19th century works?

When browsing the web (mostly library pages and catalogues) those
institutions often claim full copyright and prohibit reproduction,
distribution etc. of the (digitalized/scanned/photographed) works, but I
wonder on what basis they do so, given that the authors of those works are
all dead for centuries now.

Would it be legitimate to derive features (e.g. names or old names) for osm
from such sources if the distributing entity claims copyright on the
material?

cheers,
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Re: [OSM-legal-talk] Attribution Requirements

2014-01-14 Thread Martin Koppenhoefer


 Am 14/gen/2014 um 10:54 schrieb Simon Poole si...@poole.ch:
 
 a IMHO good
 example of what we want http://www.mozilla.org/en-US/contact/spaces/


no mention of ODbL and the attribution three screens after the map (on mobile, 
maybe this looks different on a desktop)?

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Re: [OSM-legal-talk] Corine Land Cover?

2014-01-14 Thread Martin Koppenhoefer
2014/1/14 pmsg pmsg2...@yahoo.com

 can we use Corine Land Cover data? I think not, but I would
 be grateful to be tought something different.


I think it depends on the country, AFAIK this is not one big dataset but
several datasets, with different licensing according to the contributing
country.

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Re: [OSM-legal-talk] Corine Land Cover?

2014-01-13 Thread Martin Koppenhoefer
2014/1/13 pmsg pmsg2...@yahoo.com

 Thank you for your opinions,
 pmsg



legal issues aside my concern is that Corine Data is not suitable
technically for OSM: the resolution is too low and not compatible with the
rest of our data.

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Re: [OSM-legal-talk] Attribution Requirements

2014-01-12 Thread Martin Koppenhoefer


 Am 10/gen/2014 um 13:01 schrieb Simon Poole si...@poole.ch:
 
 And I'm very tired of people trying to weasel around the absolute minimal 
 requirements we pose on reuse of OSM data.


like APPL?
 ;-)

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Re: [OSM-legal-talk] Attribution Requirements

2014-01-12 Thread Martin Koppenhoefer
2014/1/12 Simon Poole si...@poole.ch

 Apple does not, as far as we know, use OSM data ODbL licensed by the
 foundation.



yes, they are supposedly ignoring former requirements (still valid for
older data).

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Re: [OSM-legal-talk] Question about mixing OSM with licensed data -- eg: mapquest

2013-11-02 Thread Martin Koppenhoefer
2013/11/2 Abhishek cheerful...@gmail.com

 I'm confused about what the rules are for downstream commercial users
 of OSM data to merge OSM data with other sources. Apple seems have
 done this with their Maps product.



You can't really see Apple as a reference, because of two reasons:

1. they use old data (different license, cc-by-sa2.0 instead of the now
current ODbL)

2. they do it wrong (IMHO, IANAL, TINLA) as they don't say which parts are
from OSM, from when exactly they are, so you cc-by-sa cannot come to
execution and they don't say the data is cc-by-sa and they omit the © icon
they use for other data providers (it is IMHO unclear from their credits
page if there is copyright on OSM data and what is the license).

I think License Working Groups is still working on this to get the
attribution right in this case, even if the last few LWG minutes don't seem
to trace this issue any more.

/rant/
Apparently, if you are big enough and not interested in playing nice, there
don't seem to be limits for commercial users to do whatever with osm data -
you have to fear nothing (apparently), at least as long as you use cc-by-sa
data. (Of course every single contributor might bring you to court, but
that is a different story and not very likely neither if you are big
enough).
/rant off/

cheers,
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Re: [OSM-legal-talk] Question on publication of slides with Google and Bing screenshots

2013-09-10 Thread Martin Koppenhoefer
2013/9/10 Martin Feuersaenger m...@feuersaenger.de

 So my question is: Is my conclusion right, can I publish under less
 restrictive terms, or do I need to remove the shots in order to publish at
 all?




You should ask Google and Bing about this, it is not related to OSM ;-)

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Re: [OSM-legal-talk] [HOT] Imagery license clarification needed

2013-08-29 Thread Martin Koppenhoefer
2013/8/29 Mikel Maron mikel_ma...@yahoo.com

 Their is clear and full understanding by USG that data digitized into OSM
is made available under the ODbL, which allows commercial use. 
 This is stated on their website at 
 https://hiu.state.gov/ittc/ittc.aspx(Description tab).


Data cc-by-sa by OpenStreetMap ;-)

Maybe you could drop them a hint, as they seem to be pulling tiles from
osmf servers that should be (c) osm contributors

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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Martin Koppenhoefer
2013/8/25 Stephan Knauss o...@stephans-server.de

 The license text says:
 “ The party receiving the data cannot share the imagery or LIDP with a
 third party without express permission from the USG. At no time should this
 imagery or LIDP be used for other than USG-related purposes and must not be
 used for commercial gain. The copyright information should be maintained at
 all times. Your acceptance of these license terms is implied by your use.”

 Later it's suggested:
 In other words, you may only use NextView imagery linked from this site
 for digitizing OpenStreetMap data for humanitarian purposes.



doesn't look as if data from this source can be in the same database as OSM
data and be published (not compatible with ODbL) .

cheers,
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[OSM-legal-talk] Attribution and licensing problems at diverse main map providers

2013-07-16 Thread Martin Koppenhoefer
I wonder if we have a strategy how to deal with companies who use our data
but don't attribute in the right way or don't adhere to the license terms.

In the past we had Apple (still unsolved, at least since April 2012) and
Microsoft (using military areas from OSM to blur their imagery), now there
is the biggest German map editor (MairDumont) who is not mentioning the
license of the used data, nor linking to OSM or spelling out the name
(OpenStreetMap).
See here:
http://www.kompass.de/online-karte.html

By rough analysis it seems as if they are using April 2012 data (cc-by-sa)
outside German speaking countries, while they use a different (proprietary)
source in Germany, Austria and maybe other countries.

Their Attribution is unclear in several ways:

1. They don't mention the license (cc-by-sa or odbl), if you click on the
license link you get to a page on their website that encourages you to
enquire about the costs for a print license, but no mention of any openness.

2. The terms of use-link goes to google (from whom they use the API). -
IMHO misleading

As far as I have found until now on their map and website there is no link
or mention of OSM other than the attribution (c) 2013 Falk, OSM 
Contributors, (c) 2013 KOMPASS Karten GmbH (DTK600  10).

---
OK, I missed the i-link, there is additional attribution, even more
confusing:
Diese Anwendung baut auf dem Interaktiven Karten-Framework ecMAPS *) auf.
Details dazu unter http://hubermedia.de

Kontaktieren Sie uns, falls Sie Fragen oder Anregungen haben:
supp...@hubermedia.de

*Technologie-Partner ...*

© 2013 ecMAPS® ONLINE - hubermedia.de/ecmaps-online
© 2013 ecMAPS® MOBIL - hubermedia.de/ecmaps-mobil
© 2013 eT4® META - hubermedia.de/et4-meta
© 2013 eT4® Redaktionssystem - hubermedia.de/et4
© 2013 Google
© 2013 CloudMade - Map data CCBYSA 2009

___

IMHO this is misleading, as you can't tell whether the data comes from
Google or Cloudmade or any other of the mentioned companies (and if it was
cloudmade, still 2009 would not be the correct date, and Cloudmade isn't
OSM- still missing attribution).

I followed the link to hubermedia and clicked on ecmaps-online, also there
is no link to OSM nor the name spelled out.

What are the concatenation (?) requirements for attribution? Is it OK to
generally quote a lot of different map data providers without specifying
which part of the map is from whom, and if yes, how could one exercise his
right to share if you don't know to which part it applies?

And: are we generally willing to try to enforce the license? What are the
measures foreseen if someone refuses to do so?

cheers,
Martin
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Re: [OSM-legal-talk] Place name translations

2013-06-16 Thread Martin Koppenhoefer




On 16/giu/2013, at 03:47, Erik Johansson erjo...@gmail.com wrote:

 While I agree with Richard, it might be interesting to know that
 Wikidata (a Wikimedia.de project) is licensed CC-0, and they copy data
 wholesale from Wikipedia.


that's indeed interesting, how can they throw the original viral licenses of 
Wikipedia overboard?

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Re: [OSM-legal-talk] Place name translations

2013-06-16 Thread Martin Koppenhoefer




On 16/giu/2013, at 12:14, Eugene Alvin Villar sea...@gmail.com wrote:

 that's indeed interesting, how can they throw the original viral licenses of 
 Wikipedia overboard?
 
 Based on what I've seen, what they are copying from Wikipedia are data and 
 facts. In the US, facts are not copyrightable as facts do not originate from 
 creative authorship and there are no database rights in the US either.


but the wikipedia terms of use require you to attribute, for instance. If the 
terms wouldn't apply in this case, couldn't we start to copy facts from other 
maps just as well?

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Re: [OSM-legal-talk] Clarifying Geocoding and ODbL

2013-06-13 Thread Martin Koppenhoefer




On 13/giu/2013, at 15:58, Olov McKie o...@mckie.se wrote:

 All other geocoding results in a Produced Work,


IMHO it results in a Derivative Database, as long as the amount of data 
geocoded is not too small.

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Re: [OSM-legal-talk] Clarifying Geocoding and ODbL

2013-06-07 Thread Martin Koppenhoefer
2013/6/7 Alex Barth a...@mapbox.com

 2. The ODbL is too vague in the definition of its terms, requiring
 additional clarifications by licensor. This is most importantly the case
 around the terms derivative database and what constitutes a substantial
 extraction of data [3].



At least for the substantial part of your question I believe if a
professional geo service provider like map box would decide to use OSM to
satisfy its geocoding needs, it is obvious that this use would be
substantial, or you could use it only very few and for very short time ;-)

cheers,
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Re: [OSM-legal-talk] Permissibility of incorporating parts of an address from a business' website

2013-04-25 Thread Martin Koppenhoefer
2013/4/25 Iván Sánchez Ortega i...@sanchezortega.es

 The answer to this might be different if your jurisdiction doesn't apply
 the
 european database directive.



But which is the relevant jurisdiction, the one the mapper is in, or the
one the database is in (i.e. where you perform the actual action)?

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Re: [OSM-legal-talk] Permissibility of incorporating parts of an address from a business' website

2013-04-25 Thread Martin Koppenhoefer
2013/4/25 Pieren pier...@gmail.com

 I'm not sure it has to do with non-substantial amounts of data. But
 business websites publishing their own address or list of addresses is
 reallly intended to be shared and republished everywhere.



I'd also see it like this, it is quite unlikely that they will sue your for
helping their marketing department spread the word. On the other hand from
a strictly legal point of view I have hardly seen a business website that
didn't claim full copyright on all contents.

cheers,
Martin
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Re: [OSM-legal-talk] [GIS-Kosova] OSM road network for Kosova

2013-03-07 Thread Martin Koppenhoefer




Am 07/mar/2013 um 16:21 schrieb Bekim Kajtazi bekim.kajt...@gmail.com:

 Whatever case it is...the data is gone!!!


Generally it is your responsibility to keep your contact information up to date.

I sent 2 times around 100-200 emails to the major contributors to OSM on the 
Italian grounds which had not decided on the CTs by the time and many of them 
didn't reach the mapper because he didn't care or forgot to update his email.

Btw.: You have had to be a really hardcore (main page sidebars, wiki, mailing 
list, twitter, blog, forum) ignorer if despite being active in OSM you missed 
the license change.

cheers,
Martin
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Re: [OSM-legal-talk] (c) statement on openstreetmap.org slippy map?

2013-01-17 Thread Martin Koppenhoefer
2013/1/17 Jeff Meyer j...@gwhat.org

 from http://www.openstreetmap.org/copyright:

 For a browsable electronic map, the credit should appear in the corner of
 the map. For example:


below there is this paragraph:
Finding out more
Read more about using our data, and how to credit us, at the Legal
FAQhttp://wiki.openstreetmap.org/wiki/Legal_FAQ
.

On that page
http://wiki.openstreetmap.org/wiki/Legal_FAQ#3a._I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F

where to put it : For a *browsable electronic map* (e.g. embedded in a
web page or mobile phone application), the credit should appear in the
corner of the map, as commonly seen with map APIs/libraries such as Google
Maps, or an about box/page.

cheers,
Martin
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Re: [OSM-legal-talk] Copyright and license page, how to do the details

2012-12-05 Thread Martin Koppenhoefer
Looking at the licensing page there is still the explicit requirement
to credit osm in the corner of the map and in the meantime the FAQ
has been amended with the same requirement. Some time ago this wasn't
required explicitly, that's why I ask when this was introduced and by
whom? (the old requirement was that it should be stated somewhere that
(c) is osm contributors).

I agree with Tobias that for apps on mobile devices which use a lot of
different data from different sources this is somehow impractical, as
it would clutter the screen (fortunately there is no minimum font size
requirement ;-) ).

There is also a whole lot of osm-based websites and services around,
which don't do attribution in this google-tos-style (some of them
credit osm somewhere on the map, but it isn't in the corner, others
link to a dedicated sources-page with sometimes detailed information
about osm and the licensing terms).

cheers,
Martin

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Re: [OSM-legal-talk] Licenses for Produced Works under ODbL

2012-10-30 Thread Martin Koppenhoefer
2012/10/30 Frederik Ramm frede...@remote.org:
 See also:
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Closed_Issues#What_sort_of_access_to_Derivative_Databases_is_required.3F

 The page is quite old; the green boxes represent legal advice that we have
 received at the time.


It is also acceptable to provide a copy, diff or instructions for the
latest version of the derivative database - it isn't necessary to
retain old versions of the database. You are not required to provide
regular dumps - the only requirement is that you provide them on
request.

What if you make a derivative database and render from this. Every
time you have rendered a feature, you remove the rendered feature from
the database. Your latest derivative database will be empty ;-)

Cheers,
Martin

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Re: [OSM-legal-talk] Licenses for Produced Works under ODbL

2012-10-30 Thread Martin Koppenhoefer
deliberately Offlist


2012/10/30 Michael Collinson m...@ayeltd.biz:
 No loop hole. Unless I am missing something earlier in the thread, this is
 covering very old ground.  This is the LWG understanding:  The buzz phrase
 is layered copyright.  Using an open licensed photo of a MacDonald's
 restaurant does not give one the right to use MacDonald's logo. In our
 world, the classic case is the SVG file. The publisher can publish it as a
 Produced Work if the intent is to show a pretty picture but if someone then
 comes along and tries to extract and re-constitute OSM data from it, then
 OSM copyright applies to them.


deliberately Offlist

Mike, thank you for this statement

I am glad to read this and I really hope it is like this. The
intentions should be associated to the use and not to the producer of
the work (i.e. like you wrote above and not like I read it here:
http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline
). Someone could produce a SVG with the intent to show a pretty
picture (i.e. not intended for the extraction of data and thus clearly
a produced work), but who then comes along and uses it with different
intentions (data extraction) must not do it, because in this case the
same work turned automagically into a database. (That's why it is
important that every produced work has strings attached, (c) for the
data OSM contributors, ODbL1.0, which fortunately is part of the
current guidelines)

Part of my worries rise from the fact, that it seems there once was an
anti-reengineering clause in the ODbL which was then removed to obtain
compatibility with cc-by-sa and other share-alike licenses. Isn't this
an indication that re-engineering is allowed? I mean, why else would
it have been removed? (argueing from an offenders point of view).

cheers,
Martin

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[OSM-legal-talk] Copyright and license page, how to do the details

2012-10-28 Thread Martin Koppenhoefer
I am reading the new copyright and license page, but don't find it
very clear to understand.

http://www.openstreetmap.org/copyright

How to credit OpenStreetMap

We require that you use the credit “© OpenStreetMap contributors”. You
must also make it clear that the data is available under the Open
Database License, and if using our map tiles, that the cartography is
licensed as CC-BY-SA. You may do this by linking to this copyright
page. Alternatively, and as a requirement if you are distributing OSM
in a data form, you can name and link directly to the license(s)...
For a browsable electronic map, the credit should appear in the corner
of the map.


To whom applies the requirement to credit in the corner of the map,
just to users of the datatiles or to all users of OSM data presenting
it in some form of browsable electronic map? Where does this
requirement come from? Or am I misinterpreting this, and should is
not a requirement but a recommendation?
Crosschecking with the legal FAQ it seems that an about-box/page would
be fine as well:

http://wiki.openstreetmap.org/wiki/Legal_FAQ#3a._I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F
For a browsable electronic map (e.g. embedded in a web page or mobile
phone application), the credit should appear in the corner of the map,
as commonly seen with map APIs/libraries such as Google Maps, or an
about box/page..

cheers,
Martin

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[OSM-legal-talk] CTs, procedure to change of the license

2012-10-25 Thread Martin Koppenhoefer
During the license change from cc-by-sa to ODbL the issue was raised
that 3 weeks for an active contributor to respond to a voting for a
license change was not sufficient and IIRR the response was that this
would be dealt with later. What is the view on this? How can this
detail be changed, and what would be a reasonable time span for an
active contributor to respond? My suggestion would be 2 months or 60
days.

cheers,
Martin

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Re: [OSM-legal-talk] CTs, procedure to change of the license

2012-10-25 Thread Martin Koppenhoefer
I found the thread:
http://gis.19327.n5.nabble.com/OSM-legal-talk-CT-time-period-for-reply-to-a-new-license-change-active-contributor-td5270119.html

basically what Michael Collinson wrote makes sense:

- In the case of a major license change, there would be a run up of at
least several months of publicity and discussion before the final formal
vote announcement.

- Our general objective in the CTs is to leave future generations as
much flexibility as possible while preserving overall project goals.

- The CTs do not stop such a formal announcement and vote opening to be
made much earlier. I certainly agree that 6-8 weeks is reasonable should
we ever go through a big change again.

- There may be ocassions when a small but vital change needs to be made
if a problem/loop-hole is found with the current license. Hence three
weeks ... two weeks for someone to be on holiday and one week for them
to get organised and vote.


cheers,
Martin

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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-24 Thread Martin Koppenhoefer
2012/10/24 andrzej zaborowski balr...@gmail.com:
 As has been noted in the Public Domain subset thread, the contributors
 can make license statement that they like, but the OSMF can still
 enforce the database rights.  So a statement by the contributors (e.g.
 on OSM wiki) that is not confirmed by the OSMF is not very helpful to
 the end user.


what the end user could do: approach the contributor that made the PD
declaration and ask them to give them the data they contributed under
PD conditions ;-). Not sure but I guess this might be only possible if
the user had stored a local copy of the data. If the original
contributor got his (own) data from the OSMF-servers it would
probably be under ODbL even if he himself had contributed it and given
only a non-exclusive license to OSMF. From a practical point of view I
think it would be difficult to determine whether the data was copied
from the OSMF servers of from a local copy though.

cheers,
Martin

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Re: [OSM-legal-talk] Licenses for Produced Works under ODbL

2012-10-22 Thread Martin Koppenhoefer
2012/10/22 Igor Brejc igor.br...@gmail.com:
 Would there be a difference if it was PNG/SVG instead of PDF?


there are 2 ways to put graphics into a PDF: those with vectors
embedded and those with a raster inside. The first is to treat like a
SVG and the second like a PNG (always asuming you didn't password
protect the PDF).

cheers,
Martin

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[OSM-legal-talk] Is there a PD part in OSM?

2012-10-21 Thread Martin Koppenhoefer
I wonder if data you download now or did so in the past from OSM
servers can be used as PD data. There are some users who have publicly
declared that they consider their contributions to OSM to be in the
public domain. For simplicity I'd like to restrict this question to
users who have either made this declaration in their user description
or have linked their wiki account from their user description (i.e. it
is clear, which OSM username the declaration was made for and that the
user was the owner of this account).

Is it possible to download this data from OSM servers (or
mirrors/extracts/elaborations from this) under a cc-by-sa or ODbL
license and still consider it PD due to the dual licensing, the user
has expressed he wishes his data to be under?

cheers,
Martin

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[OSM-legal-talk] CT compatibility with attribution only licenses

2012-10-21 Thread Martin Koppenhoefer
Reading the wiki:
http://wiki.openstreetmap.org/wiki/Import/Guidelines#Make_sure_data_license_is_OK

quote
What we certainly cannot do is require end-users of our
data/renderings to give credit to the particular data donor. With this
in mind, our attribution may not be sufficient legally speaking and
might actually be considered unsatisfactory by the original authors
of the data.

it seems to me, that also data which requires attribution only may not
be imported into OSM as long as there is not an explicit statement
from the original author/rights holder that crediting in the OSM
system (e.g. changeset comments, wiki, source-tags on objects which
might be later removed, credits in the description of a deducated
import account, etc.) is sufficient and it is OK for him  that the
attribution to his particular data donation might be removed later by
following users of the data?

Or what is the general interpretation of the meaning of CT/ODbL
regarding attribution only licenses?

I am refering for instance to the Italian Open Data License, which
explicitly states that it is compatible with cc-by-sa 3.0 and ODbL:
http://www.formez.it/iodl/
but requires to (it:indicare la fonte delle Informazioni e il nome
del Licenziante, includendo, se possibile, una copia di questa licenza
o un collegamento (link) ad essa;)  ~cite the source of the
information and the name of the licensor, including if possible a copy
of this license or a link to it (informal translation).

cheers,
Martin

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[OSM-legal-talk] Wiki fotos with Unkunown license

2012-09-28 Thread Martin Koppenhoefer
What does Unknown license mean for fotos in the wiki? Isn't there a
requirement for them to be at least available under cc-by-sa?
An example is here: http://wiki.openstreetmap.org/wiki/File:Ballroom.jpg

cheers,
Martin

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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread Martin Koppenhoefer
2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:
 In answer to the queries below, the data is free to use as is the OS
open data on their website.
...
 So in short, we believe the RoW data can be incorporated into
 OpenStreetmap as long as acknowledgement and copyright is shown from
 where it came and how can be used


 So in summary it appears that the OS gave HCC specific permission to use
 this, and I'm guessing it's OK to use in OSM, but I am not in any sense of
 the word a legal expert so, what are people's opinions on this?


I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.

cheers,
Martin

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[OSM-legal-talk] WAS Re: [OSM-dev] Licence of the Mapnik style?

2012-04-11 Thread Martin Koppenhoefer
Am 11. April 2012 00:06 schrieb Mike  Dupont jamesmikedup...@googlemail.com:
 and this on the copyright of css :
 http://b0x0rz.deviantart.com/journal/Is-CSS-Copyrightable-214148624
 First, a short answer to a question (for the impatient ones): Is CSS
 Copyrightable?
 No. Absolutely NOT. (note: This is valid only for the CSS code itself not
 any images it may reference.)


but according to the linked blog post you can protect it with a
trademark. Btw.: in the case of maps I find this strange, because the
CSS is the part that says what is displayed how, and this is mainly
the part of traditional maps, that is copyrighted (the style).

cheers,
Martin

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Re: [OSM-legal-talk] Feedback requested ... OSM Poland data

2012-03-07 Thread Martin Koppenhoefer
Am 6. März 2012 17:52 schrieb Frederik Ramm frede...@remote.org:
 On 03/06/2012 02:36 PM, Frederik Ramm wrote:
 Personally, I don't think that *verifying* their data against OSM data
 (in the sense of flagging potential problems, as long as they don't copy
 our data outright) would be a valid use of our data that would not
 create a derived database. (The database that contains the results of
 the analysis might be derived and have to released.)


 Oops. Tripped over my own negative here. I wanted to say: As long as they
 just compare stuff and verify, I think it's ok and they won't be affected by
 viral ODbL-ness.


Really? So also this sentence was not intended and you mean the
opposite: (The database that contains the results of
the analysis might be derived and have to released.)? Isn't this a
kind of merge: just compare and verify (above there was also
flagging)?

cheers,
Martin

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Martin Koppenhoefer
2012/2/13 Simon Poole si...@poole.ch:
 PS: essentially such an import should never get pass the community
 discussion part in the first place.


FYI: In Italy there are currently some imports going on, where the
data is licensed cc-by-2.5 and there are also other imports of the
past under this license in Italy. cc-by is not a very restrictive
license but still it imposes some problems for further license
changes. I'm pretty sure an import that is compatible with the current
licence (read: OdbL / CT and cc-by-sa2.0 ) will generally pass the
community discussion, if the data is nice (up to date, good quality).

cheers,
Martin

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Re: [OSM-legal-talk] [OSM-talk] Critical Mass for license change-over

2012-01-29 Thread Martin Koppenhoefer
2012/1/29 Dirk-Lüder Kreie osm-l...@deelkar.net:
 demotivated by the data loss. but filling in gaps is really much
 quicker done than starting from scratch.


+1, at least there already are tags for most things, comfortable
editors and lots of experienced mappers ;-)

cheers,
Martin

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[OSM-legal-talk] whitewashing nodes without tags

2012-01-28 Thread Martin Koppenhoefer
I know that some variants of this topic already have been under
discussion, but I'd like to add another version to it, where I believe
that indeed there will be no copyright left by the declining mapper.
Three mappers Ac1, Ac2 (acceptors) and Dec1 (decliner) edit an object:

1. Ac1 creates a highway or any other way (i.e. a way with nodes and
tags on the way).
2. Dec1 adds nodes to the highway/way (no tag modification)
3. Ac2 moves the nodes of the way (interesting for us only the ones from Dec1)

For all nodes that Ac2 has touched (moved or added tags to them) I
would expect that it doesn't matter if Dec1 had created them, because
anyway there is no information from him left. This might be
interpreted differently if Dec1 would have also created the way, and
surely if he added tags, but if he only added nodes, and they are no
longer on their original position because Ac2 has moved them, what
would be copyrightable from this?

cheers,
Martin

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Re: [OSM-legal-talk] Maxspeed tags in Australia

2012-01-13 Thread Martin Koppenhoefer
2012/1/13 Frederik Ramm frede...@remote.org:
 Ok, I've discussed this off-list with Nick and did a test run for 1000 (of
 roughly a quarter million) ways. Here is one example touched by the script:

 http://www.openstreetmap.org/browse/way/4018604


Nice, this will also significantly change the relation between
maxspeed:source (mainly John Smith) and the earlier and by
presumbaly more different users attached source:maxspeed
http://taginfo.openstreetmap.org/keys/maxspeed:source#values
http://taginfo.openstreetmap.org/keys/source:maxspeed#values

cheers,
Martin

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Re: [OSM-legal-talk] feedback requested

2011-12-21 Thread Martin Koppenhoefer
2011/12/21 ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl:
 I think it's relevant that node changes as suggested
 should involve stand alone nodes only (such as POI).
 Once they are part of a structure of say a building or a road, water
 or any area, the nodes should be considered a composition  rather
 then 4 nodes


IMHO rights on this composition can also faint, e.g. years ago a
(non-ct) mapper was drawing a rough street with nodes every 300
meters. Now those initial way has five times more nodes then it had in
its initial version (most probably the initial way would also be split
into different pieces now, due to details like speed limits,
turn-restrictions, bus routes, lane-count, ...).

I think there must also be a point where nothing from the initial way
is actually contained in the current data (often these initial ways
don't have much attributes, it is common in here to find ways which
only have/had a highway-tag (the value is now often changed, so not
even one tag is the same). If you assume that other tags (like the
name) would also have been inserted by the following mappers you could
extend this to ways which had a name (or some other frequent tag, for
which a following mapper guarantees that he would have added it if it
were missing).


 While the underlying structure is a geographic fact, the choice
 of place nodes and the number to represent the structure is
 a creative work.


+1, but where is the point that this structure is significantly
changed? How many nodes do you have to move and insert/delete to be
something different?

What if someone takes a river, moves it aside and lets it become a
track (deletes the river tags and sets highway-tag, changes name). Now
he copies this way as a new way (new nodes and way) to the old
position of the river and sets tags. Is the track-way now tainted
because it consists of old nodes, while the river is OK because it was
newly created? Admittedly a rare corner case, but IMHO one that shows
that there is a point where there is no more original information in
the following versions of a way.

cheers,
Martin

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Re: [OSM-legal-talk] ODbL and publishing source data

2011-11-29 Thread Martin Koppenhoefer
2011/11/29 Rob Myers r...@robmyers.org:
 A PNG doesn't fit this description as its intent is to encode a single
 complete image and the pixels are not independent. Likewise PNG and SVG.
 Place them in a systematic or methodical collection and you have a
 database of images. But this is separate from their contents.

 If I place a travel photo of mine into a PNG and then print it out, I
 have not gained a database right.


IMHO there is a difference between a travel photo and a map rendering.
This is a jpeg:
http://www.tnooz.com/wp-content/uploads/2011/02/ITA-QR-code-1.jpg

cheers,
Martin

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Re: [OSM-legal-talk] The detrimental effects of database

2011-11-23 Thread Martin Koppenhoefer
2011/11/23 Frederik Ramm frede...@remote.org:
 But I think that the specific example under discussion here actually falls
 short of even this lowered bar. It is quite possible for me to grab a whole
 Way in JOSM and move it one metre to the left (which makes me the last
 editor of, potentially, hundreds of untagged nodes). I don't think that this
 action would nullify the rights of the original contributor of the way, and
 therefore if the original contributor does not agree to the license change,
 we should remove this data.


Yes, I agree. But if there once were 4 nodes stretching over 30 km
(I'm slightly exaggerating), tagged just highway=tertiary, and now
these initial 4 nodes became 500 nodes or 5000 nodes, distributed now
in 20 different ways with lots of attributes, routes running over
them, etc., how much of the initial 4 nodes is still there?

Just bad luck for us? Or is there a limit where original rights have fainted?

cheers,
Martin

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Re: [OSM-legal-talk] What should be considered legal?

2009-10-27 Thread Martin Koppenhoefer
 Thanks. The reason I asked that was that I frequently forget where the GPS 
 trace was taken - was it a road or a track, which village or whatever else. 
 This usually happens in areas where OSM map is pitch white :) Yahoo maps 
 aren't very helpful there either.

well, you can still upload the traces as they are always usefull (also
more than one on the same place), especially in white areas, but
without further information (road name, road class, physical state,
reference number, restrictions etc.) you should tag them as
highway=road if you decide to do it (and if it wasn't cross country).
Btw: I guess you ment yahoo aerial imagery, as we have no right at all
to trace yahoo maps or take information from it.

cheers,
Martin

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Re: [OSM-legal-talk] New license status

2009-09-28 Thread Martin Koppenhoefer
2009/9/28 Jukka Rahkonen jukka.rahko...@mmmtike.fi:
 Mike Collinson m...@... writes:

 Article 10
 Term of protection
 1. The right provided for in Article 7 shall run from the date of completion 
 of
 the making of the database. It shall expire fifteen years from the first of
 January of the year following the date of completion.

 Will all contents of OSM year 2009 database be in public domain first of
 January, 2025?

I doubt that OSM db will ever be completed ;-)

cheers,
Martin

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Re: [OSM-legal-talk] New license status

2009-09-28 Thread Martin Koppenhoefer
2009/9/28 Gustav Foseid gust...@gmail.com:
 2009/9/28 Iván Sánchez Ortega i...@sanchezortega.es

 Better? :-)

 :-)


does this mean yes? What is the situation with planned Odbl?

cheers,
Martin

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Re: [OSM-legal-talk] Fwd: [OSM-talk] copyright problem with data copiedfrom a map

2009-08-17 Thread Martin Koppenhoefer
2009/8/17 Peter Miller peter.mil...@itoworld.com:
 You may wish to set up a Belgium equivalent for this page to act as a
 record of such reverts. As you can see we have been having some
 problems of our own.
 http://wiki.openstreetmap.org/wiki/GB_revert_request_log

actually I just fwded. the request as noone seems to care in talk, and
I thought this might be the right page, so just not to get it
overlooked. Isn't there a special squad team to handle this kind of
thread?

 Or should we have global revert page or what?

maybe would IMHO be better, yes. Actually I don't know if there is a
simple possibility to revert a changeset for simple mappers as I (or
probably Michel) are.

regards,
Martin

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[OSM-legal-talk] Fwd: [OSM-talk] copyright problem with data copied from a map

2009-08-16 Thread Martin Koppenhoefer
Hi, I forward this question from michel in talk:

-- Forwarded message --
From: Renaud MICHEL r.h.michel+...@gmail.com
Date: 2009/8/16
Subject: [OSM-talk] copyright problem with data copied from a map
To: t...@openstreetmap.org


Hello

Two weeks ago, I found problem in Dison, Belgium, see here
http://www.openstreetmap.org/?lat=50.6044lon=5.8522zoom=14
At that moment, the motorway had been shifted north-west by user Neo while
adding other roads.
I moved it back to correspond to GPS traces and messaged Neo about the
problem.

He did some more edits, see http://www.openstreetmap.org/user/Neo/edits and
that's when I realised that he was actually copying an actual map. He
actually put the bounding box of his map
http://www.openstreetmap.org/browse/way/38566375

He confirmed a week later that he was really copying a map he scanned and
loaded in JOSM (not rectifying it, so the shifted roads).
He was obviously not aware of the copyright problem as he asked me, in the
same message, if he could somehow copy the map from his tomtom.

I replied one week ago explaining why he must not do that and asking him to
remove all the edits he made based on that map, but had no more answer so
far.
So now I'm thinking about removing those edits myself, but am not sure
what's the best way to do so.

I don't know if the changeset can be reverted, as there are many of them,
and I also did some edits there (changeset #1997354 #2005715 #2046924 a
least) before knowing of the copyright problem.

Any advice?
I think I'm going to remove all this by hand with JOSM.
But the ways will still be present in the DB with the history. Can we do
something about this?

cheers
--
Renaud Michel

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Re: [OSM-legal-talk] Non-existant streets

2009-08-12 Thread Martin Koppenhoefer
2009/8/12 John Smith delta_foxt...@yahoo.com:

 One such road went into someone's car port, I don't think we have 
 barrier=car_port :)

in this case it will not be a road but a highway=service in Europe and
probably access=private (at least for the last few meters), don't know
about the australian-tagging-scheme though. I agree with Tobias: map
what's there, and if there once was a road, probably there are
remnants which tagged as such will explain to the next mapper, what is
the situation like.

cheers,
Martin

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Re: [OSM-legal-talk] Non-existant streets

2009-08-12 Thread Martin Koppenhoefer
2009/8/12 John Smith delta_foxt...@yahoo.com:
 --- On Wed, 12/8/09, Martin Koppenhoefer dieterdre...@gmail.com wrote:
 yes, don't mark them as normal roads if they are in a
 degraded state.

 It's worst than that in a lot of cases, they were gazetted, but never built.

there is also a tagging proposal for roads in planning and one for
construction-phase AFAIR. Maybe you find something in the Wiki.
Actually this is not legal-talk anymore. I think the answer was:
separate Layer if you run the servers on your own is OK, but please
don't map nonexisting roads from other maps (and maybe with tag
easter_egg=foomap) and put them into the main db.

cheers,
Martin

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Re: [OSM-legal-talk] Non-existant streets

2009-08-12 Thread Martin Koppenhoefer
2009/8/12 John Smith delta_foxt...@yahoo.com:

 We're not trying to put copyrighted information in the database, we're 
 recording an observation, no different then recording the name on a street 
 sign,

no, it's not the same. Because you're gonna write that there is
nothing. Why there? Why don't you write everywhere, where there is no
road, that you observed that there is no road?

 since we actually go out and see it,

what is it?

 the only question is how to make it as easy as possible for others to know 
 this too.

IMHO (IANAL) it will always infringe copyright reporting in a
structuralized manner about this proprietary data.

cheers,
Martin

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Re: [OSM-legal-talk] Adding UK post box information

2009-07-15 Thread Martin Koppenhoefer
2009/7/14 Gervase Markham gerv-gm...@gerv.net:
 Royal Mail doesn't know the exact location of all its postboxes. If we
 find out for them, what are the chances they would sue us? It's flipping
 useful from their point of view. They could apply proper Travelling
 Salesman algorithms to them to optimise pick-up routes.

you are cutting jobs ;-)

Martin

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Re: [OSM-legal-talk] Privacy and Terms

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Frederik Ramm frede...@remote.org:
 Yeah, sure, and if I leave the house a brick might fall on my head and
 I'd be dead.

I'm almost sure you wanted to write tile ;-)

cheers,
Martin

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Re: [OSM-legal-talk] Privacy and Terms

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Frederik Ramm frede...@remote.org:

 For example, if we build strong national chapters that, legally, are
 separate from OSMF, these could easily between themselves set up all the
 servers required to replace everything OSMF operates. With such a
 healthy backup network, it would not even make much sense for anybody to
 try and kill off OSMF.

 This includes not giving anything to OSMF that has commercial value
 unless that is absolutely necessary. In the long term, I hope that we'll
 be able to switch to a distributed server architecture where OSMF
 operated assets are but one piece of the puzzle, rather than the head of
 everything.


Hallo Frederik,

kennst Du couchdb?

http://en.wikipedia.org/wiki/CouchDB

Ich habe leider selbst keine Ahnung von Datenbanken, aber die bietet
wohl eine gute Möglichkeit, auf vielen verschiedenen Servern
gleichzeitíg zu laufen. Keine Ahnung wie performant das ist, wo die
Probleme liegen,etc. aber beim sie scheint ähnlich wie das OSM-Modell
strukturiert zu sein (Key/Value-Paare). Vielleicht ist das Thema ja in
Entwicklerkreisen sowieso schon längst bekannt, aber bei Deinem
aktuellen Beitrag kam mir wieder der Gedanke und ich dachte, ich
schreib Dir mal.

Gruß Martin

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Re: [OSM-legal-talk] Privacy and Terms

2009-06-24 Thread Martin Koppenhoefer
2009/6/25 Martin Koppenhoefer dieterdre...@gmail.com:
 Hallo Frederik

oops, sorry, not for the list.

Martin

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Re: [OSM-legal-talk] ODbL: incompatibility issues

2009-03-02 Thread Martin Koppenhoefer
2009/3/2 Frederik Ramm frede...@remote.org:
 80n wrote:
 I can imagine a scenario where, for example, Google uses Amazon's Mechanical
 Turk to pay lots of people to use Map Maker to trace from OSM's rendered
 tiles.

 Is this a scenario we could try to fight when it happens, instead of
 complicating things upfront, or would it be too late then?

 My opinion is that if OSM were non-changing, one could say we need to be
 cautions because once the data is leaked beyond our control then that's
 it. But since OSM is changing, and (IMHO) our database is worth little
 without the steady stream of changes, we can risk such a leak because
 we always have the power to cut off the updates and thus render the
 leaked data next to worthless after a short time.

this is valid for some portions of our data, while a lot of it will
most likely not change but still is quite precious, e.g. housenumbers.

Martin

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