Re: [OSM-legal-talk] License Working Group news

2014-11-19 Thread Michael Collinson
Hi thanks to all for responding and in particular to the offers of help 
from Luis, Thomas and Diane.


I use Luis' email below to give more detail about our activities. See 
in-line.


It is also now my strong personal opinion that we should now engage a 
paid part-time General Counsel but that needs discussion and OSMF 
consensus. We are currently completely volunteer, so it is a big step


On 19/11/2014 00:57, Luis Villa wrote:
On Tue, Nov 18, 2014 at 1:46 PM, Paul Norman penor...@mac.com 
mailto:penor...@mac.com wrote:


On 11/18/2014 10:11 AM, Luis Villa wrote:

On Mon, Nov 17, 2014 at 11:18 AM, Michael Collinson
m...@ayeltd.biz mailto:m...@ayeltd.biz wrote:

I would also like to highlight that we also now welcome
associate members who can help us occassionally or want to
work on a specific topic that fires you up. This involves no
specific formalities nor duties. 



Hi, Mike, others-
Is there a formal description somewhere of the
roles/responsibilities of the WG? That would help me evaluate to
what extent (if at all) I can participate in WG activities.

The scope of the LWG is listed at
http://wiki.osmfoundation.org/wiki/Licensing_Working_Group

Also, here is our 2013+ Action Plan which was formally submitted to the 
board and so represents our formal scope document:


https://docs.google.com/document/d/1D3KwSM_BO7KkcbVADQVVn7eFwkD-RNauMwidhhlVPsI/pub

and for, completeness, draft 2014 Action Plan:

https://docs.google.com/document/d/1qRH5-LtzXiLhFFoo4iDu8mKfIUv1dhLYTwRZxBgNhJ8/pub



Thanks, Paul. I hope you and the rest of the group don't mind me 
asking some more questions.



https://docs.google.com/document/d/1BWn372ow_1tnTdQja76mthS8V-ZQ5PCL_RWLR1CBzkw/pub
has some of the work we'd like to take on in the near future.


Interesting. How often does the group meet, in practice? Is there also 
a fair bit of email between meetings, or...?


We've progressively wound down from 2 meetings a week(!) to one per 
month, which is about right.  The current gap in frequency is, I hope, 
transient. We have a low volume of emails in between on strategic 
discussion and have also been experimenting with circular resolutions.  
We are also getting an increasing amounts of license enqurires along the 
lines of I intend to XYZ, is it OK to use your data.


It mentions referrals to outside counsel - is that still WSGR or is it 
someone else?
Yes, WSGR.  We occassionally ask for, and get pro bono advice, on 
specific issues.


I note quite a few non-licensing topics—DMCA, Facebook, etc. Are those 
common or is this unusually timed?
Not very common.  I wanted to keep our name as License Working Group to 
emphasize our strategic direction and nature. Our primary task is  the 
promotion of open geospatial data through practical, coherent and clear 
licensing. But we are a catch-all for anything considered legal. I am 
also keen on the area of risk mitigation, so conducting a DMCA review in 
conjunction with our Data Working Group was an important but finite 
activity. One other thing we've been involved in is policy documents, 
for example outlining our general position to diplomats on issues such 
as geographic name clashes and disputed borders ... we create a final 
draft that goes to the board for endorsement.


We haven't worked out a precise framework for the scope of
individual associate members - it's not expected that all
associate members would participate in all parts of the LWG's work.

If associate members not having a vote would allow people to help
who would otherwise be in a conflict of interest, that could be
done too.


How often are votes actually held? Or is it mostly consensus-based anyway?
Except for our circular resolutions experiments where it is practical, I 
believe we have never actually had or needed a vote! My general policy 
has been that we are deliberately a group of people with disparate 
personal views, on for example what type of license we should have, and 
that if we do not have unamimous agreement, or at least assent, then we 
have not reached the right solution.


Does the WG have formal legal obligations as a committee of the board 
(or otherwise) or is it informal/advisory? (To explain that another 
way: in some organizations, groups like the LWG are board committees, 
and so certain formal requirements apply to their members — duties of 
good faith, attendance, voting rules, etc. In some orgs, they are 
essentially purely advisory so have no formal legal obligations.)
Informal/advisory. It would be good to go beyond our scope document 
above to formally define that ... something we could use help on!


Thanks-
Luis

--
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

/This message may be confidential or legally privileged. If you have 
received it by accident, please delete it and let us know about the 
mistake. As an attorney for the Wikimedia

[OSM-legal-talk] License Working Group news

2014-11-17 Thread Michael Collinson
The License Working Group is undermanned and has only met twice this 
year, most recently on 28th October. [1]


This is due in great part to my lack of time, enthusiasm and attention 
in calling meetings.  I am therefore stepping down as below and welcome 
volunteers to join as full members and indeed, subject to the agreement 
of other LWG members and board endorsement, take over the chair role.


I would also like to highlight that we also now welcome associate 
members who can help us occassionally or want to work on a specific 
topic that fires you up. This involves no specific formalities nor 
duties.   It has been brought to my attention that this might therefore 
suit legal practioners who would otherwise have a conflict of interest.  
We would certainly welcome involvement from real lawyers!


Lastly, Satoshi Iida, an extremely active member of the OSM Japan 
community has asked to participate in LWG and I welcome him 
enthusiastically. It is important to broaden our scope beyond Western 
Europe/US thinking.


Mike


[1] http://www.osmfoundation.org/wiki/Working_Group_Minutes

=== Slightly edited copy of email sent to LWG ==

Dear LWG,  and CC Board for their information,

I feel that I do not, and will be unable to give, LWG the time and 
attention it needs.  I have also been in the position for at least 6 
years and it is time for a new and more enthusiastic face.   I am 
therefore formally resigning as Chair and invite the LWG to consider a 
replacement.  I would prefer that this was not a member of the current 
board, and therein lies a problem.  I am asking Simon now his current 
status, but apart from him, all other current members are also board 
members.  I have also one piece of good news in that Satoshi Iida, an 
extremely active member of the OSM Japan community has asked to 
participate and I welcome him enthusiastically.


I regret adding even more to the current board's starting load, but 
think it best to just face facts. I am therefore happy to stay in a 
caretaker role until that person is in place, but emphasise that this 
will be less than ideal.


The issues that LWG should ideally be dealing with are:

 * Assisting end-users by developing clarificatory community guidelines
   for providing OSM-based data services (rather than maps) in a mixed
   data environment.
 * License compatibility with CC 4 and the general issue of license
   harmonisation.
 * Diligently answering now frequent license enquiries.


Mike
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[OSM-legal-talk] Google awarded patent on automatic correction of road geometry from imagery

2014-06-04 Thread Michael Collinson

This comes to me via Simon Poole, so the OSMF board is aware.

http://apb.directionsmag.com/entry/google-patent-updating-map-data-using-satellite-imagery/402398?utm_source=dlvr.itutm_medium=tumblr
http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1Sect2=HITOFFp=1u=/netahtml/PTO/search-bool.htmlr=1f=Gl=50d=PALLRefSrch=yesQuery=PN/8731305

The invention claimed is a A computer-implemented method so I am not 
sure scan-reading the patent whether that includes humans looking at 
digital imagery and making db corrections via computer. If so, then 
obviously (our) prior art is going to blow this apart. If not, then 
anyone working on automated road detection algorithms should be aware.


Interestingly, if you scroll down through the patent itself, you'll see 
that they specifically mention correcting US TIGER data.


Mike

*Abstract*

Map data are overlaid on satellite imagery. A road segment within the 
map data is identified, and the satellite imagery indicates that the 
road segment is at a different geographic position than a geographic 
position indicated by the map data. The endpoints of the road segment in 
the map data are aligned with the corresponding positions of the 
endpoints in the satellite imagery. A road template is applied at an 
endpoint of the road segment in the satellite imagery, and the angle of 
the road template that matches the angle of the road segment indicated 
by the satellite imagery is determined by optimizing a cost function. 
The road template is iteratively shifted along the road segment in the 
satellite imagery. The geographic position of the road segment within 
the map data is updated responsive to the positions and angles of the 
road template.



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[OSM-legal-talk] Community Guidelines - Horizontal Cuts better text

2014-05-19 Thread Michael Collinson
Thanks to all have responded specifically or generally on our community 
guidelines draft. I have been able to make a number of small changes 
which tighten and clarify without changing intent.


I have made one large edit by replacing my original horizontal cuts text 
with some that I believe is better [1]. We (LWG) want to make it very 
clear that if a map is made with different layers, folks can't just 
arrange the layers artificially to weasel out of data share-alike 
obligations. I think the new text says that very clearly and in a manner 
better matching the concepts of derivative and collective database data 
sources. However, it does come from a suggestion by a commercial 
company, so for transparency I declare that and invite any comments.


If there are no controversies by the end of the week, we'll begin the 
next step [2] which is for the Foundation to endorse the text as being a 
reasonable community consensus and transfer it to the osmfoundation.org. 
As a check-and-balance, that endorsement will be done by the board not 
by the License Working Group.



Mike

[1] 
https://wiki.openstreetmap.org/wiki/Open_Data_License/Horizontal_Layers_-_Guideline
[2] 
https://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines/How_We_Create_Community_Guidelines


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[OSM-legal-talk] Creative Commons license question

2014-05-04 Thread Michael Collinson

This is a pure CC question.

An organisation is making a short film/video which will be released 
CC-BY.  They want to show (fleetingly) OSM map tiles ... which are 
CC-BY-SA- 2.0.  Can they do that?


[And if anyone in the UK wants to help them by creating tiles from 
scratch under a CC-BY license, let me know and I'll pass on.  It does 
seem to be in a good cause. But the core question is still a good one to 
answer.]


Mike
License Working Group

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

2014-05-03 Thread Michael Collinson

Luis,

Thank you very much for your thoughtful comments, I hope you don't mind 
that I've referenced the mail link on the page for resource reading!



On 30/04/2014 00:10, Luis Villa wrote:
I think it is pretty clear that this rule is only for OSM/ODBL, but it 
wouldn't hurt to make that more explicit. (It *has* to be only about 
OSM, because you can't judge whether something is substantial without 
knowing about the nature of the database (quantitative) and how the 
data was obtained (qualitative).)

Good point and done on the general Community Guideline page.


Few other comments:

  * It might be helpful to link to
http://wiki.openstreetmap.org/wiki/Map_features when talking about
Features, assuming those are the same concept, which I admit I'm
still not 100% sure about?
  * It might be helpful to explain better why the page is focused on
insubstantial rather than substantial.
  * The village/town distinction doesn't seem very helpful to me. If
the goal really is to push out commercial projects, very few
commercial projects are going to be viable at the town level - the
vast majority will be national level, with a few exceptions for
London/Paris/NY-level cities. So saying you can use towns would
still block out most commercial use while perhaps allowing some
small governments to do useful things. But I may be
misunderstanding the goal here?
  * I find This definition aims to:...Build a case for the
qualitative interpretation of Substantial to be slightly
confusing - I /think/ that what is meant is something like This
guideline attempts to clarify what uses would constitute a
substantial qualitative use of OSM data (perhaps implying that
many important uses are not going to be quantitatively
substantial?), but I'm really not sure. I would clarify or remove
that.

I've done some rewording to the summary which I hope addresses these. 
I've not added a link to the map features page, they are not (really) 
the same concept. A Feature is how an ordinary map viewing individual 
would see things: a single road (even if broken into different segments 
for speed limits), a lake, a pub (even if tagged with multitudinous 
detail on the beer and ATM machines). A general note to all: these 
guidelines are directed at folks who are not familiar with OSM, so need 
to worded accordingly using simple, hopeful translatable, wording and 
sentences.


 *

Hope this is helpful-


Indeed!

Mike

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[OSM-legal-talk] Community Guidelines (was Re: Attribution)

2014-05-03 Thread Michael Collinson

On 28/04/2014 23:27, Mikel wrote:

Further I note there was 0 (zero) response to the proposed updated community 
guidelines that
go a long way in clarifying a number of the grey areas, indicating that the 
whole upset is not
about fixing real issues.

Simon, first i've heard about this. Can you point to where it's posted please, 
and also, explain the process by which they were created, proposed, and 
approved? Thanks


Mikel and all,

Here is one of the emails:

https://www.mail-archive.com/talk@openstreetmap.org/msg49397.html

And the process and main page are here:

https://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines/How_We_Create_Community_Guidelines
https://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines

We'd like to get some closure on some of the longer lived items as well 
as better publicise the whole process, so I am about to go to the main 
list.  Any discussion or input however small in the rather calmer waters 
of this list first is greatly welcome.  The more polished the guidelines 
are, the better.


We also have a number of issues that are very immature in terms of 
constructing a useful guideline.  What we have been lacking, with some 
notable exceptions, is data users prepared to give a real use case that 
they can share in a reasonable level of detail.  Being able to deal with 
concrete rather than myriad hypothetical cases makes progress much 
faster. If you are user or potential user of OSM data, do share 
real-world issues here. Or, contact us at le...@osmfoundation.org. We 
can handle commercial-in-confidence provided that the end result is 
shareable publicly and applies to all equally within the parameters of 
our license.


Mike
License Working Group


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[OSM-legal-talk] The edges of share-alike on data Re: Attribution

2014-05-03 Thread Michael Collinson
I've renamed the subject because it has gone way off topic, but I wanted 
to come back on Tobias' comment because it struck a chord and I would 
like to share a personal research topic. I am curious to evolve the idea 
further to see if there is any positive value.


Open data is a different animal to software source code and 
highly-creative works and I suspect it will a few more years yet until 
we understand it all fully.


I personally see this unwanted data  is an underlying theme under many 
of the issues the LWG has been looking at under the Community Guidelines 
process :-


Geocoding: So I have to share a patient's medical record because it is 
geocoded against OSM?


Dynamic Data: So if I use OpenStreetMap car park location data, I have 
to share the real-time occupancy data?


Algorithmic transformations: So I thought of this clever idea to 
pre-format OSM data for fast loading into my game. Now I have to share 
my that or my algorithm?


General maps: I want to use OSM to show locations of restaurants on my 
restaurant review site. Now I have to share the reviews?


And so on.   Now many of these issues may be resolved, and in some case 
have been resolved, in other ways which remain within the scope of the 
current ODbL version. But a very simple way of dealing with everything 
in one go is to say:


*The OpenStreetMap project collects long-lived geospatial data as a set 
of intelligently or machine-made physical observations only.* [Wording 
needs improving!]


And then to say:

*And share-alike only applies to what we collect.*

Again, it just a research topic. I see it as benefiting the 
OpenStreetMap project enormously but at the same time potentially 
debasing the whole concept of share-alike for the wider open data 
community ... perhaps those restaurant reviews should be shared?


Mike



On 30/04/2014 23:35, Tobias Knerr wrote:

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] Using Google Street View to perform virtual survey

2014-04-07 Thread Michael Collinson

I think the License Working Group would echo exactly what Jonathan says.

While it does not solve the problem of being able to map where there are 
no mappers, may I also seize the opportunity to promote John McKerrell's 
excellent OpenStreetView?  It is a great under-exploited tool!


http://openstreetview.org/
http://wiki.openstreetmap.org/wiki/Openstreetview

Single photo and bulk upload works well. I am slowly adding my 
collection of 40,000+ OSM survey photos in the hope that other mappers 
will be able squeeze out even more map detail. You can choose from a 
variety of licenses for the actual photo, but the photo metadata is CC0.


Mike


On 07/04/2014 17:16, jonathan wrote:
This is obviously a legal grey area and until it ends up in court I 
suspect it will remain a grey area.


However, I feel what IS black and white is that if we were to 
officially use Google StreetView or any non-open source to build our 
data then we should expect a lawsuit from Google or any other owner of 
said service/medium/technology.  Also, we should remember that their 
legal budget will be much bigger than ours.


In my opinion, we can only have one stance and that is such services 
are not available for us to use as a source for our database.


We should, however, approach Google et al and ask them if they 
prohibit such use, I'm sure they'll say that we can't use it, but at 
least we'll know.


To use any such service without express permission risks EVERYTHING, 
we would be leaving a door open for Google et al to file against us in 
the future and OSM could just descend into a legal black hole. Google 
would love that!


We MUST be whiter than white.  The Open in OpenStreetMap is a 
responsibility as well as a right and to protect that right we must 
act responsibly.


Jonathan
http://bigfatfrog67.me
On 05/04/2014 16:50, Paulo Carvalho wrote:

Dear fellow mappers,

   Let me present myself to you.  I'm a OSM mapper from the Brazil 
community and a question rose there which caused a split in the group 
regarding Google Street View to perform virtual surveys, such as 
taking notes of house numbers and plotting them in the maps.


   After reading 
http://wiki.openstreetmap.org/wiki/Legal_FAQ#2a._Can_I_trace_data_from_Google_Maps.2FNokia_Maps.2F3F 
, I was pondering about the impossibility of copyright and licenses 
apply to facts and reality (not regarding philosophical aspects).


   Google Street View photos depict reality or facts, thus I could 
use them to observe reality and derive interpretations which would be 
genuine creative work.  It would be illegal to use the images in 
Mapillary, for instance, but the facts depicted by the images are not 
property of Google.


   Your thoughts, please

Paulo Carvalho


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[OSM-legal-talk] Community Guideline - Regional Cuts

2014-04-07 Thread Michael Collinson
Going back several years, Flickr started using OpenStreetMap as a base 
map for some but not all cities around the world. As a community, we 
were happy with that. But it does mean that we are saying the you 
publish a global map and have parts of it coming from OpenStreetMap 
without triggering share-alike on the rest. We have been asked about the 
Does and Don'ts.  As a reality-check, I would therefore like us to have 
a guideline that protects the principles behind share-alike and 
encourages use of OpenStreetMap within large-scale or global electronic 
maps.


Here is the proposed wording:

https://wiki.openstreetmap.org/wiki/Open_Data_License/Regional_Cuts_-_Guideline

I have three questions for you:

1) Is it basically OK with you personally? (Reality check!)

2) What is the smallest size we should allow? If it done at a continent 
level, I think no one would see a problem. But if we go to a smaller 
size, then there comes a point where map makers clearly avoid any 
responsibility to help improve our data by taking a village here, a 
village there where OSM is best and using other non-public data 
elsewhere.  A win-win is to say OK you use our data but we want you to 
take some good, some bad so that you have an incentive to help fill in 
the bad.  One option would be to limit to whole countries, whatever 
size.  Another, which I personally favour, is cities/greater 
metropolitan areas.  See more on the wiki page.


3) Are you OK with the wording allowing adjustment of roads, railways 
etc across boundaries without triggering share-alike? There seems to be 
no public value(?). See wiki page for more discussion.


Mike

Michael Collinson
License Working Group

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Re: [OSM-legal-talk] Wiki Mapia Mass Upload

2013-10-22 Thread Michael Collinson
Thanks.  I have now written to their contact email address asking them 
to comply with our license or remove the data. I will report back on 
what transpires.


Mike

Michael Collinson
License Working Group


On 15/09/2013 16:54, Walter Nordmann wrote:

got some:
New from  18. August 2013:
http://wikimapia.org/28575157/de/Hummelsbütteler-Kirchenweg-15
http://www.openstreetmap.org/browse/way/171350548/history

And another new one with an error at the upper right corner
http://www.openstreetmap.org/browse/node/2423349643

from the german forum:
http://forum.openstreetmap.org/viewtopic.php?pid=362179#p362179


Regards
walter





-
[url=http://osm.wno-edv-service.de/residentials] Missing Residentials Map 
1.17[/url] [url=http://osm.wno-edv-service.de/plz] Postcode Map 2.0.2[/url]
--
View this message in context: 
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Sent from the Legal Talk mailing list archive at Nabble.com.

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Re: [OSM-legal-talk] UK Open Gov License

2013-10-11 Thread Michael Collinson

On 11/10/2013 00:41, Jonathan wrote:
Can someone advise me on whether the UK Open Government License allows 
for us to use it as a source in OSM?


http://www.nationalarchives.gov.uk/doc/open-government-licence/version/2/


Hi Jonathan and all,

Basically, yes, no problem.  Make sure that any material is indeed under 
the UK Open Government License and not the Ordnance Survey bastardised 
version. Then, look for any attribution wording and add to 
OpenStreetMap's attribution page: 
https://wiki.openstreetmap.org/wiki/Attribution .


In more detail: This is version two of the license.  The OpenStreetMap 
Foundation License Working Group looked at the original version [1] and 
felt that it was compatible with incorporating data into the 
OpenStreetMap geodata database provided that attribution provisions are 
complied with as above.  I have now carefully compared the two and see 
nothing that makes me change that opinion ... it would be good if 
another pair of eyes did the same as a double-check. If anything it is 
slightly less restrictive with the removal of some wording about Data 
Protection Act 1998 and the Privacy and Electronic Communications (EC 
Directive) Regulations 2003.



Please note that these are layman's opinions.  I am not a lawyer and 
neither I nor the LWG can offer any formal legal opinion.


Mike

Michael Collinson

[1] 
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/1/


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[OSM-legal-talk] About Boxes ... attributing OpenStreetMap

2013-10-01 Thread Michael Collinson

Hi all,

There has been community discussion about refining the Legal FAQ on the 
issue of what is reasonable attribution for certain specific media 
cases. I have created a Community Guideline wiki page [1]. This is not 
about being legal but what you personally think is reasonable for what 
you contribute and what best promotes OpenStreetMap. So please do not 
hesitate to pitch in. Based on feedback received, the LWG will amend the 
Legal FAQ.


And in more detail 

The conversation was specifically about About Boxes but the LWG thinks 
it is generalisable to other cases where it is arguably difficult to 
place a full (text) attribution physically right on or next to a map.


The LWG takes the position that  the LWG itself should be neutral per se 
but that OpenStreetMap in general has responsibilities to propose 
answers. We are the dominant open geospatial data project and probably 
the global leader as a live open data project exploring the specific 
legal issues of open data as distinct from highly creative works and 
software [2]. The LWG therefore encourages the community  to consider 
specific guidelines for specific types of media. This will help not only 
ODbL license users but also potentially CC4 as well.


May I therefore request anyone interested to take a look over our 
existing guidelines [3], look at the basic questions I have posed [1] 
and tell us what you think, either there (preferred), to this list or to 
le...@osmfoundation.org.


I'll eventually review the past list mailings and add in the comments 
already received unless someone beats me to it, hint, hint.



Mike
OpenStreetMap Foundation License Working Group

[1] 
https://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines/Attribution_For_Different_Media_Types 



[2] 
https://docs.google.com/document/d/1fIvuygF4pZd_PfBbxg-acAP9c_lA37_sTEkdvccIoXk/pub 
July Minutes, see Item 6


[3] http://wiki.osmfoundation.org/wiki/License#Where_to_put_it.3F What 
the current Legal FAQ has to say


[4] 
https://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines/How_We_Create_Community_Guidelines 
FYI, new doc.






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[OSM-legal-talk] Information for officials and diplomats of countries and entities with disputed territories

2013-07-09 Thread Michael Collinson

Simon,

Oliver, Dermot and I have give a finally look over the document and are 
happy to now send it to the board as our formal proposal. However, as 
Chair I would really prefer a formal quorate, 4, for such things and ask 
you to indicate yes or no by email before I send it.


https://docs.google.com/a/osmfoundation.org/document/d/1uQ0hpkFxqdNf7aPMk_5PaHFZojxULMcWXxLJRbYq4oE/edit

The draft is of the last meeting + your changes + we went through and 
considered and clarified what each OpenStreetMap meant.  As an 
interesting aside, it defines OpenStreetMap without qualification to 
be the database itself rather than any human entity ... may be a useful 
legal construct in the future.


I also intend forwarding it to the Japanese community since treatment of 
disputed-island naming is an issue there as it ties the hands of the 
national mapping agency on how cooperative they can be with us. If I get 
any substantial feedback, I will forward to board.


Mike
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[OSM-legal-talk] License Working Group 2013

2013-01-18 Thread Michael Collinson
The LWG will hold its first post-license change meeting provisionally 
Tuesday 22nd January at 18:00 GMT/UTC.


I would like to draw your attention to the following:

We'll be discussing our future role and any input on that, preferably to 
this list, is most welcome.  We've started putting together a remit 
document here:

https://docs.google.com/document/d/1D3KwSM_BO7KkcbVADQVVn7eFwkD-RNauMwidhhlVPsI/pub

We welcome new members and diverse views. If you are interested in 
opening up geospatial data and imagery for anyone to use, please join 
us.  You can contact me at my email address if you want more details or 
you can join us for one meeting to see if you like it.


If you cannot or do not want to join us long term but have a particular 
issue that is important to you and it is in the best interests of OSM, 
we can make it a project and you can join us for one meeting or a few 
weeks. In the UK, example projects might be freeing up postcodes or 
public right of way route definitions.  Do you have important issues in 
your country? Are you an organisation that is finding OSM data difficult 
to use for legal reasons?


Mike

Michael Collinson
Chair, License Working Group

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

2012-10-30 Thread Michael Collinson
, Igor Brejc wrote:

Hi Michael,

First of all, thanks for the link. I've read it carefully and it 
doesn't really answer my questions, it just raises some new ones. 
Those guidelines, as they are written, treat the issue of 
proprietary/closed source code very superficially and without 
considering too much the practical consequences. They also don't 
really answer the question what is a Database. Let's take, for 
example, the statement Rendering databases, for example those 
produced by Osm2pgsql, are clearly databases. First of all, what are 
rendering databases? I don't share the same clearliness of that 
statement, frankly.


Another issue is machine-readable form of an algorithm. Who says I 
should interpret that as a source code? And if I do, under what 
license can/should/must I release the source code? I'm certainly not 
going to release my work under the Public Domain.


I think the core issue that needs to be addressed and answered is: *is 
there a place for proprietary/closed source software in OSM 
ecosystem*? If we follow the strict reading logic of the mentioned 
guideliness and the one expressed in Frederik's answer, I would 
certainly have to say the answer is NO.


I see some serious issues with the way how we approach the whole ODbL 
thing. As someone who has invested a lot of time and energy into OSM 
and who is trying to find a business model that would enable me to 
stay in the OSM domain, I think the core questions about ODbL have not 
been answered and this scares people/companies off. If the OSM 
community wants all the OSM-based software to be open source, then 
please say so. But please treat all the players the same: Apple, esri, 
Google and one-man-band companies.


Best regards,
Igor

On Mon, Oct 29, 2012 at 9:34 AM, Michael Collinson m...@ayeltd.biz 
mailto:m...@ayeltd.biz wrote:


Hi Igor,

I wonder if this resource helps with your question?


http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline
(a work in progress)

Mike



On 22/10/2012 18:45, Igor Brejc wrote:

Hi,

Thanks for your clarifications, everybody. I was under the (looks
like wrong) impression the produced work must also be available
under the ODbL license.
One issue still bugs me though:

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented
data, then *that* would be the data you have to hand over.


What does pre-processed or augmented data really mean? OSM data
has to be preprocessed to get to the form suitable for rendering.
Some examples of preprocessing:

   1. Importing it into PostGIS and flattening the geometries
  (like Mapnik does it).
   2. Generalizations: simplifications of roads, polygons etc.
  for a certain map scale.
   3. Finding suitable label placements.
   4. Extracting topology from the data (like multipolygon
  processing, merging of polygons, road segments etc.).
   5. Running other complex algorithms on the OSM data.

This preprocessing can be done on-the fly or (in case of
Mapnik) as a separate prerequisite step.

Igor

On Mon, Oct 22, 2012 at 2:06 PM, Frederik Ramm
frede...@remote.org mailto:frede...@remote.org wrote:

Hi,

On 10/22/12 12:07, Igor Brejc wrote:

 2. I generate a PDF map from that extract using an
unpublished,

closed-source software. The map includes the
appropriate OSM
attribution text.


 1. Is this possible?


Yes (assuming that the PDF is not a database).

  2. What are my obligations in terms of ODbL license? What
(if anything)

 do I have to provide, publish etc.?

Recipients of the PDF, i.e. anyone who views iStockPhoto,
would have the right to ask you to hand over the database on
which the map is based. You would then have the option of
saying it's plain OSM, simply download it from X, or
actually give them the data.

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented
data, then *that* would be the data you have to hand over.

 3. Would there be a difference if it was PNG/SVG instead
of PDF?


I don't think so.

 4. Can the buyer of such a map then password-protect his
own resulting

work (which includes that map)?


Yes. You will have sold him the work under the condition that
he continues to attribute OSM, but other than that he has no
obligations (unless you put some in).

If you sell the work with an OSM attribution but without the
condition to perpetuate that attribution, you may be in
breach of ODbL or you may not; this depends on how you

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

2012-10-30 Thread Michael Collinson

On 30/10/2012 13:07, Jonathan Harley wrote:


(After a hiatus - I've been discussing this off-list with Anthony and 
others.)



[snip]


One thing that's confusing me, is that 
http://www.openstreetmap.org/copyright does not say what license 
applies to the contents. ODbL specifically says that it only applies 
to the database and a separate license is required for the contents. 
It suggests that a notice should be inserted prominently in all 
relevant locations which surely includes the copyright wiki page.


I remember earlier discussions on this list about using ODcL for the 
contents. Was this what was agreed on? LWG, anyone?


Hi Jonathan,

The short answer is the the contributor terms control content and that 
the relevant wording there is heavily modelled on ODcL. As a low 
priority TODO, I'll trace back the exact mechanism to see if we can be 
more obvious about the relationships on the copyright page without using 
tortuous language. It has been a while.


ODbL can basically be used in two ways; a (or even multiple) contents 
license more restrictive than the ODbL itself or less restrictive.  The 
first case can be useful if distributing a collection of things, 
content, that are useful discretely, for example photos or scientific 
papers.  In that case, the database can be downloaded freely, sent 
around to others and used in-house, but each photo might have a 
commercial fee-paying license if it was then extracted and published in 
a magazine.  We used the second case as we wanted a one stop shop 
whereby end users only have to consider one license and not compare and 
contrast.  The CTs, for example, give end users no extra rights and no 
extra freedoms.


Mike

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

2012-10-30 Thread Michael Collinson

On 30/10/2012 13:07, Jonathan Harley wrote:


(After a hiatus - I've been discussing this off-list with Anthony and 
others.)


On 22/10/12 23:13, Anthony wrote:

On Mon, Oct 22, 2012 at 4:49 PM, Martin Koppenhoefer
dieterdre...@gmail.com wrote:

2012/10/22 Jonathan Harley j...@spiffymap.net:
Anyway, the ODbL is explicit that an image is an example of a 
produced work,
so for anyone creating them, their responsibility is clear: include 
the

notice required for produced works.

It's also explicit that a produced work is not a derivative 
database (4.5b),
so it follows that a map image does not have to be licensed using 
ODbL. So,
the hypothetical person wishing to publish on a stock art website 
only has
to decide whether they wish to impose ODbL or some other 
restriction on
their work, or not. Not imposing any restrictions on an image is 
clearly
allowed. (In which case a database derived from the image would not 
be bound

by ODbL.)


Then this is clearly a loophole. You could render (with a dedicated
style) the whole world in a very high zoom level (even as raster, if
you're in doubt whether vectors might fall under ODbL), apply image
recognition on it (would be simple if you used one rendered layer per
feature) and reassemble the whole database. I am simplifying this
process, but it is clearly possible.

This (both Jonathan's comment and your response) confuses copyright
law.  Yes, you don't have to release a Produced Work under ODbL.  But
if you don't have a license on the Produced Work, then all rights are
reserved.



Only *if* copyright is there at all. What is in question is whether a 
substantial amount of material that is OSM's copyright is present in a 
map I make using OSM's data. If it isn't, then it follows that OSM 
cannot reserve any rights in my work, explicitly or otherwise.


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.


Mike

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




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

2012-10-29 Thread Michael Collinson

Hi Igor,

I wonder if this resource helps with your question?

http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline 
(a work in progress)


Mike


On 22/10/2012 18:45, Igor Brejc wrote:

Hi,

Thanks for your clarifications, everybody. I was under the (looks like 
wrong) impression the produced work must also be available under the 
ODbL license.

One issue still bugs me though:

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented data,
then *that* would be the data you have to hand over.


What does pre-processed or augmented data really mean? OSM data has 
to be preprocessed to get to the form suitable for rendering. Some 
examples of preprocessing:


   1. Importing it into PostGIS and flattening the geometries (like
  Mapnik does it).
   2. Generalizations: simplifications of roads, polygons etc. for a
  certain map scale.
   3. Finding suitable label placements.
   4. Extracting topology from the data (like multipolygon processing,
  merging of polygons, road segments etc.).
   5. Running other complex algorithms on the OSM data.

This preprocessing can be done on-the fly or (in case of Mapnik) as 
a separate prerequisite step.


Igor

On Mon, Oct 22, 2012 at 2:06 PM, Frederik Ramm frede...@remote.org 
mailto:frede...@remote.org wrote:


Hi,

On 10/22/12 12:07, Igor Brejc wrote:

 2. I generate a PDF map from that extract using an unpublished,

closed-source software. The map includes the appropriate OSM
attribution text.


 1. Is this possible?


Yes (assuming that the PDF is not a database).

  2. What are my obligations in terms of ODbL license? What (if
anything)

 do I have to provide, publish etc.?

Recipients of the PDF, i.e. anyone who views iStockPhoto, would
have the right to ask you to hand over the database on which the
map is based. You would then have the option of saying it's plain
OSM, simply download it from X, or actually give them the data.

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented data,
then *that* would be the data you have to hand over.

 3. Would there be a difference if it was PNG/SVG instead of PDF?


I don't think so.

 4. Can the buyer of such a map then password-protect his own
resulting

work (which includes that map)?


Yes. You will have sold him the work under the condition that he
continues to attribute OSM, but other than that he has no
obligations (unless you put some in).

If you sell the work with an OSM attribution but without the
condition to perpetuate that attribution, you may be in breach of
ODbL or you may not; this depends on how you interpret the
suitably calculated to make anyone ... aware clause.

Bye
Frederik

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

2012-09-21 Thread Michael Collinson
Hi Bekim,

If nobody else gives you feedback I will do so next week. I am away at the 
moment.

Regards,
Michael Collinson



On 20 Sep 2012, at 19:11, Bekim Kajtazi bekim.kajt...@gmail.com wrote:

 Thanks Mike,
 
 Hopefully someone will send some feedback.
 
 Best,
 Bekim
 
 
 On Thu, Sep 20, 2012 at 3:10 PM, Mike Dupont jamesmikedup...@googlemail.com 
 wrote:
 I dont understand that myself, it seems a bit fuzzy to me but this is
 the right mailing list and I hope you will get some feedback,
 thanks
 mike
 
 On Thu, Sep 20, 2012 at 9:07 PM, Bekim Kajtazi bekim.kajt...@gmail.com 
 wrote:
  Ok but I don't know how to go about and do that! That's my problem.
  Where is the starting point?
 
  I am ready to approve, sign, confirm anything required!
 
  Best,
  Bekim
 
 
 
  On Thu, Sep 20, 2012 at 3:05 PM, Mike Dupont
  jamesmikedup...@googlemail.com wrote:
 
  Bekim,
  I have been working on understanding the new license even today.
  it is cc-by-sa + database rights (odbl) + the right for osm to change
  the licence at will in the future.
 
  basically you need to grant the osm the rights to use the data,
  Michael can give you more info about this,
 
  thanks,
 
  mike
 
  On Thu, Sep 20, 2012 at 8:59 PM, Bekim Kajtazi bekim.kajt...@gmail.com
  wrote:
   Gent's,
  
   Some days ago  I noticed that all those detailed roads that were on OSM
   in
   Kosova were removed.
   Does anyone have any information, like when? why? were removed.
  
   I am about to contact OSM and any assistance and additional information
   is
   welcome!
  
   Best,
   Bekim
  
  
   --
   about.me/bekim
  
   --
   You received this message because you are subscribed to the Google
   Groups
   GIS Kosova group.
   To post to this group, send email to gis-kos...@googlegroups.com.
   To unsubscribe from this group, send email to
   gis-kosova+unsubscr...@googlegroups.com.
   For more options, visit this group at
   http://groups.google.com/group/gis-kosova?hl=en.
 
 
 
  --
  James Michael DuPont
  Member of Free Libre Open Source Software Kosova http://flossk.org
  Saving wikipedia(tm) articles from deletion
  http://SpeedyDeletion.wikia.com
  Contributor FOSM, the CC-BY-SA map of the world http://fosm.org
  Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3
 
 
 
 
  --
  about.me/bekim
 
 
 
 
 --
 James Michael DuPont
 Member of Free Libre Open Source Software Kosova http://flossk.org
 Saving wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
 Contributor FOSM, the CC-BY-SA map of the world http://fosm.org
 Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3
 
 
 
 -- 
 about.me/bekim
 
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Re: [OSM-legal-talk] Mistake in French translation of the CT

2012-09-20 Thread Michael Collinson

On 20/09/2012 16:32, Pieren wrote:

Hi legal-list,

I would like to point out an error in your French translation of the CT:
http://www.osmfoundation.org/wiki/License/Contributor_Terms/FR

compared to its original
(http://www.osmfoundation.org/wiki/License/Contributor_Terms).

Section 3. says CC-BY-SA 2.0 ; ou toute autre licence libre et
ouverte de même type (comme, par exemple,
http://www.opendefinition.org/okd/) qui pourra être ponctuellement
choisie par une majorité de 2/3 des contributeurs actifs parmi les
membres d’OSMF. 

where the English version says :
CC-BY-SA 2.0; or such other free and open licence (for example,
http://www.opendefinition.org/okd/) as may from time to time be chosen
by a vote of the OSMF membership and approved by at least a 2/3
majority vote of active contributors. 

The French version says that a 2/3 majority vote of active
contributors within the OSMF members is required (parmi les membres
d’OSMF.) which makes a big difference. Could someone fix it, please ?

regards
Pieren
   
Thanks for pointing that out Pieren.  I'll put it on the LWG TODO list 
to make sure it gets done. None of us speak good French though, if 
anyone would like to provide an accurate translation, I would be 
grateful.  We can double check it with our original legal translator but 
I don't think that is imperative as the intent is clear.


Mike

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Re: [OSM-legal-talk] importing ODBl data

2012-09-20 Thread Michael Collinson

On 20/09/2012 07:32, Mike Dupont wrote:

Hi there,

I have a question about imports and the ODBl,

I see that some sources have decided to dual license the data
http://wiki.openstreetmap.org/wiki/Import/Catalogue

But how can some third parties data be compatible when the CT says it
can change any time, surly they might be compatible with the current
instance of the license, but how can they be compatible with future
versions of the license when they are no known?

How can a contributor import any data and keep the data open to
license change? How can you keep any imports at all from people who
have not agreed to the CT directly?

thanks
mike
   
This one has been covered pretty exhaustively previously.  To recap for 
all interested:


() The CTs where written carefully to say, If you contribute Contents, 
You are indicating that, as far as You know, You have the right to 
authorize OSMF to use and distribute those Contents under our current 
licence terms.  current license terms, so ODbL 1.0.


() The future is the future, so cannot be known.

() Should the license terms change in the future, there is a possibility 
that imported data may become incompatible. Therefore the original 
licensor needs be contacted for approval. Given the general trend to 
more open data, after what we are all about, that approval may well be 
given.


() Note also that, by design, a duty to provide first level attribution 
is placed on the OSMF. This survives any potential license change and is 
general the most important concern of government organisations.


() The is always the possibility that data may need to be removed and 
that is one of the minuses of imports. That is why it is important to 
always understand third-party licenses and to get general consent of any 
potentially affected, usually national or regional level, OSM mapping 
community before importing.  There is a healthy debate indirectly about 
this going on in the general talk list.


Mike

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Re: [OSM-legal-talk] importing ODBl data

2012-09-20 Thread Michael Collinson

On 20/09/2012 09:13, Stephan Knauss wrote:

On 20.09.2012 07:32, Mike Dupont wrote:

How can a contributor import any data and keep the data open to
license change? How can you keep any imports at all from people who
have not agreed to the CT directly?

I agree with you in this point.

If we import donated data, it must be stated that OpenStreetmap can 
publish the data under ODbL or any other license as specified in the CT.


Could we create a special version of the Contributor Terms for data 
donations? So they could sign it. We could mail it to the OSMF to keep 
the records.


We certainly envisioned that possibility when we designed the 
contributor terms, though so far it has not proved necessary. Instead, 
OSMF can enter into an MOU. We've done that with the South African 
spatial directorate for example and there are discussions going on in 
Finland.  I believe that in the case of AND Dutch data, we've agreed 
that we will notify them of any potential license change so thatany 
ramifications can be discussed. Henk Hoff may be able to give clearer 
information on that.


If you have any particular case, the LWG will be happy to work with you 
on it.


Mike

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Re: [OSM-legal-talk] FW: NLSF OSM license check / comments needed

2012-05-10 Thread Michael Collinson

Hi Pekka,

Thanks for taking this on. I have put some comments in-line. The usual 
caveat, IANAL!



Dear Friends,

This legal-lists seem to be quite quiet. So, maybe you all have plenty 
of time to discuss about National Land Survey of Finland (NLSF) 
license vs. OSM licenses.


As you may know, NLSF has released all their topographic information 
for free use. Their license is open, more open than OSM (CC-BY-SA or 
ODbL). I think. You can read NLSF's license terms: 
http://www.maanmittauslaitos.fi/en/NLS_open_data_licence_version1_20120501


It seems that quite OSMers in Finland like to benefit NLSF data sets. 
We have good discussion going on about imports,  background 
map/imagery usage etc. Mainly discussions will be in Finnish on IRC, 
forums and mailing lists.


Now we have also some legal questions and I'd like to hear your comments:

· Is NLSF Open Data license compatible with OSM current and new license?

There is a problem wíth 2.2 require third parties to provide the same 
information when granting rights to copies of dataset(s) or products and 
services containing such data and


This should be theoretically OK under CC-BY-SA but does imply that any 
user of OSM data is going to have to check whether it contains it 
contains NLSF data and attribute, even on a map. The impracticability of 
this was a major reason for moving away from CC-BY-SA.


ODbL does not force map makers to attribute each and every contributor. 
This is by design but would violate this NLSF requirement.  We had the 
same problem with the Ordnance Survey in the UK. I can email you the 
text that I sent them to explain the issue.


· If we import NLSF data, we need to add link to their license into 
http://www.openstreetmap.org/copyright/en. Right?


http://wiki.openstreetmap.org/wiki/Attribution is the official place. 
 Merging the two together in some way is an LWG TODO.


· Contributors: we need to add NLSF to this page: 
http://wiki.openstreetmap.org/wiki/Attribution. Is there any format 
what they should answer? Should this demand come from OSMF or can I do it?


You can do it.  The attribution given to the Ordance Survey can be used 
as a template.


· NLSF terms of use, section 2.2 last bullet:
/...remove the name of the Licensor from the product or service, if 
required to do so by the Licensor
/Some people think that this is barrier and OSM license won't accept 
this. Personally I don't see any problems with this. If we import NLSF 
data to OSM (and we have mentions in wiki about their copyright etc.) 
and in the future NLSF demands to remove their name, we can remove it 
from wiki pages. We don't include NLSF name in every single copy 
(digital and/or analog) and we don't clear NLSF names from OSM copies.


I agree with you.  The English version unambiguously talks about 
removing the name of the Licensor, not the data of the Licensor. 
Easy enough.


Mike


If you have any questions, please don't hesitate to ask in the list or 
directly. I also promise to act as contact person between OSM and 
NLSF, there is already some confusion and I will make separate email 
about that.


Rgs,

Pekka

--

Pekka Sarkola

Gispo Oy

pekka.sark...@gispo.fi mailto:pekka.sark...@gispo.fi   - GSM +358 
40 725 2042


www.gispo.fi http://www.gispo.fi -- www.paikkatieto.com 
http://www.paikkatieto.com



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Re: [OSM-legal-talk] BC Open Government License

2012-05-04 Thread Michael Collinson
Thanks Paul, this is good news.  These kinds of license are appearing in 
a number of countries and are a great way of providing open geodata by 
governmental organisations.


One small correction, but a positive one:  The license is based on the 
pure UK Open Government License [1] rather than the one used by the UK 
OS OpenData. The Ordnance Survey use an adultered version which is not 
necessarily compatible with OSM; we had to get explicit clarification 
from them to use data.


I've just read through the BC license and my conclusion is also it is 
compatible with our contributor terms in conjunction with ODbL, CC-BY-SA 
or a future license provided that on our official attribution page [2] 
we attribute them (5a) and state that we have not official status (5b).  
The existing OS attribution can be used as a model. A link to a separate 
project web-page describing the data and how we use it would also help 
with 5c.


My only caution is 7c (third party rights) but agree with Paul's 
conclusion. My guess is that this would be more applicable to documents 
that contain specific elements like a photo or map with more restrictive 
licensing. For geodata, just check that if there is suite of datasets, 
that there is not one with more restrictive rights.



Mike

[1] http://www.nationalarchives.gov.uk/doc/open-government-licence/

[2] http://wiki.openstreetmap.org/wiki/Attribution

On 03/05/2012 01:17, Paul Norman wrote:

The BC government has released data under the Open Government License for
Government of BC Information[1] which is based on the same license used for
OS OpenData information[2]. OS OpenData can be used in OSM[3]

The OGL BC is, broadly speaking, an attribution only license that makes
allowances for attribution where combining information from multiple
sources.

The only potential concerns are under section 7, exemptions, and section 10,
governing law.

7a and 7b cover information that the FIPPA act prohibits the disclosure of.
The government does not have the authority to grant permission to use
information FIPPA prevents the disclosure of so even if these clauses were
not present it would not change what they had licensed.[4]

In practice this is a non-issue since the type of data that would be of
interest to OSM is not personal information that the government is
prohibited from disclosing. These terms are also of the BC equivalent of the
OS terms.

7c states that the government does not license what it doesn't have the
rights to license. Without this term they would still not be granting a
license to information they can't license.

7d is not an issue. There is no database directive in BC and otherwise the
term is the same as the OS term

10 is the same as the OS term.

Given that the OS license is already acceptable I see no reason why this
license is also not acceptable.

[1]: http://www.data.gov.bc.ca/dbc/admin/terms.page
[2]:
http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.
pdf
[3]: http://wiki.openstreetmap.org/wiki/Ordnance_Survey_Opendata
[4]: FIPPA would override the license.


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Re: [OSM-legal-talk] Confirmirmation on Natural England OGL data required

2012-04-30 Thread Michael Collinson

On 30/04/2012 17:38, rob.j.nicker...@gmail.com wrote:

Hi All,

Can someone please confirm that I am able to make use of the Natural 
England data released under the Open Government Licence. I was under 
the impression that this licence is compatible with OSMs CTs and ODBL 
licence, however the line about attribution has left me unsure. I am 
currently exploring how best to use this data (so far the quality 
looks good - as if boundaries have been determined from 1:1 or 
better Ordnance Survey maps), and am discussing this on talk-gb.


https://docs.google.com/open?id=0B6J5ZA1hu93bVnhYbHNaVVVnWWM

http://www.naturalengland.org.uk/publications/data/gidatasetsfeature.aspx

Thanks,
RobJN


A cautious yes but.

Natural England is using two licenses [1]. The Open Government License 
and the munged Natural England and Ordnance Survey Open Government 
Licence 
http://www.naturalengland.org.uk/Images/open-government-licence-NE-OS_tcm6-30743.pdf


Your Google docs is the pure Open Government License and your quoted 
www.naturalengland.org.uk webpage also suggests this. However, you might 
want to email them and double check.


If the pure Open Government License, then you are fine. Just add to 
our Attribution page [3]. I suggest text like this:


Contains  data from from Natural England © Natural England 
copyright [year] and which contains Ordnance Survey data © Crown 
copyright and database right [year].
Natural England does not endorse OpenStreetMap or OpenStreetMap's use of 
Natural England data. plus a link to their license.


A separate wiki project page about the data and an entry in the Import 
Catalogue [4] are also very helpful.


The but bit:  The Natural England and Ordnance Survey Open Government 
Licence 
http://www.naturalengland.org.uk/Images/open-government-licence-NE-OS_tcm6-30743.pdf 
has an extra clause in that would force anyone using OSM data to also 
attribute Natural England, probably even if the map was on the other 
side of the world. Clearly not practical.  The OS has done the same but 
has kindly given us what amounts to an exception for use under ODbL 
(only). This does not mean, however, that Natural England can or will do 
the same.


If you have any further questions or need help, do feel free to contact 
me off-line.


Mike

[1] http://www.naturalengland.org.uk/copyright/default.aspx

[2] 
http://www.naturalengland.org.uk/Images/open-government-licence-NE-OS_tcm6-30743.pdf 



[3] http://wiki.openstreetmap.org/wiki/Attribution

[4] http://wiki.openstreetmap.org/wiki/Import/Catalogue
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Re: [OSM-legal-talk] [Talk-dk] åben offentlig licens og OSM, part 2

2012-04-20 Thread Michael Collinson

On 20/04/2012 13:23, Jonas Häggqvist wrote:
[preamble cut]

Hi,

I wonder about these two requirements in the license[1], and whether 
or not they could present a problem:


-
- sikrer, at udnyttelsen af materialet sker på en måde, som ikke kan 
give indtryk af at have officiel status eller at være støttet eller 
godkendt af licensgiver.


- sikrer, at udnyttelsen af materialet ikke vildleder eller giver et 
misvisende billede af materialet eller materialets kilde.

-

Translation (by Google, very slightly tweaked by me):

-
- Ensure that the utilization of the material occurs in a manner that 
does not give the impression of having official status or to be 
endorsed or approved by the licensor.


- Ensure that the utilization of the material does not mislead or give 
a misleading picture of the material or material source.

-

[1] 
http://digitaliser.dk/resource/600558/artefact/Den+%c3%a5bne+offentlige+licens.pdf 



I believe that both can be can be met in our attribution of the licensor 
on http://wiki.openstreetmap.org/wiki/Attribution


OpenStreetMap's utilization of this material does not imply any 
official status nor endorsement or approval by . You can find out 
more about  and this material at http:\\xsite.dk


A short description may also help as would be a link to a wiki project 
page describing the data and how we are using it.  I think the current 
attribution we give the UK Ordnance Survey would satisfy both requirements:


http://wiki.openstreetmap.org/wiki/Attribution#UK:_Ordnance_Survey_.28OpenData.E2.84.A2.29

I think this is a really nice license and hope it is more widely adopted 
by governmental agencies.


Mike

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

2012-03-06 Thread Michael Collinson
I am trying to find a solution that will allow the UMP project in Poland 
to continue using OSM data and therefore reciprocally allow OSM to keep 
a large amount of data that went into making the initial road map of 
Poland and which is still there.  The UMP project collects road routes 
within Poland and makes routable maps for Garmin devices publishes its 
data under CC-BY-SA.  I hope that they will consider ODbL in the future, 
but that is their choice and I am sure that they will want to see how we 
fare first.


From what I understand of how UMP uses OSM data, (which may not be 100% 
right yet), I have made the following draft statement. May I ask you:


- as an OSM community member, are you happy for the OSMF to make such a 
statement?


- is it true?

- can you see any negative consequences?


The OSMF acknowledges the kind help of UMP project and its members in 
creating the OSM map of Poland. The OSMF acknowledges that the UMP 
project is similar in spirit; providing geodata that is free and open. 
Provided that UMP continues to publish its data under a free and open 
license, the OSMF is happy to allow UMP to use OSM data for verifying 
road routes within Poland.  UMP may also provide a layer of non-highway 
data made from OSM data or OSM map-tiles within its Garmin maps; the 
OSMF believes that this is allowed by the basic ODbL license and that no 
special permission is required. (DRAFT FOR DISCUSSION ONLY!)


The key line for me is the OSMF is happy to allow UMP to use OSM data 
for verifying road routes within Poland ... this is probably granting 
permission for something not completely within the ODbL.


Mike

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

2012-02-13 Thread Michael Collinson

On 13/02/2012 12:53, Simon Poole wrote:

Am 13.02.2012 12:33, schrieb Frederik Ramm:


This can be read - as Simon seems to do it - to mean the CTs 
guarantee that required attribution will survive any future licence 
changes, but I think he's on thin ice there; in my reading, the CTs 
promise that OSMF will provide attribution, not that OSMF will only 
ever release your data under licenses that guarantee attribution down 
the line.
My statement should naturally be read in the context of the statement 
below: if we distribute your data, the attribution via website (and 
further schemes that are being developed) will remain intact.


But Simon is right when he says data with such requirements would 
have to be removed. This means that if we ever wanted to go PD, then 
we'd have to find out which data has some kind of attribution 
requirement attached, and remove that data before we go PD. Since we 
don't require such data to be identified at the moment, that would be 
one hell of a job.




In my eyes, this is a very sad development that undermines any future 
license change, even one to a non-PD license. Earlier versions of the 
CT basically required you to *only* contribute data of which you 
could surely say that it could be relicensed freely under the 
provisions of free and open and 2/3 of mappers agree. This as 
been whittled down to you can contribute anything that is compatible 
with the current license and you don't even have to *tell* us what 
further restrictions it is under. Any future license change has 
therefore become very unlikely - except maybe a switch back to a CC 
license -, and not much remains of the license change provision in 
the CTs.


While I've expressed my displeasure with every revision of the CTs 
after 1.0 for exactly your reasoning, I don't believe that the 
situation is quite as bad as you paint it. Come April the 1st the only 
extra string attached to data that is in the database should be 
attribution via the Website. Which implies that further data removal 
would only be necessary if we wanted to use a distribution license 
that didn't require any attribution at all, which is extremely 
unlikely (not the least because of the necessary data removal).


And not even that. Using a distribution license without any attribution 
requirement and the OSMF obligation to provide first level attribution 
is compatible and works together.


*If* non-share-alike licenses become the future norm for open sharing of 
highly factual datasets, then I believe european licenses like the 
generic UK Open Goverment License [1] will become the template.  These 
require first level attribution only ... which is the primary reason for 
the CTs attribution clause. If anyone is interested on what I mean by 
first level attribution, I have a draft paper here 
http://docs.google.com/View?id=dd9g3qjp_103fdxjk3qt


Mike

[1] http://www.nationalarchives.gov.uk/doc/open-government-licence/

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[OSM-legal-talk] Ulf Möller remembered

2012-01-17 Thread Michael Collinson
I am deeply shocked this morning to learn of the murder of  friend Ulf.  
A more formal remembrance is being prepared and I have copied some news 
links below, but I hope you will not mind me saying some personal simple 
words here as I feel it is the appropriate place.


As you may know, Ulf was an extremely active member of the License 
Working Group while we gave input to the final draft of the Open 
Database License and while we made the contributor terms.  In a group 
that actually achieves things, each person often has an informal role.  
Ulf acted on always making sure that the detail matched his and our 
conscience. He often stuck to his guns on something that we just weren't 
getting ... insistently but courteously. The subsequent discussion meant 
that we came up with something better, often much better. Whether the 
documents finally sink or swim, I think Ulf has contributed something 
very concrete to the evolution of Open Data IP.  Even the contributor 
terms are now going to be used outside the OpenStreetMap project.


Ulf and I also felt that the OSM Foundation was too UK-focused and there 
was not enough broad European involvement. I was very pleased when he 
decided to run for and succeeded in joining the board. Today, membership 
is very mixed nationality and board nationalities change from year to 
year. Just as it should be. Some continents are still unrepresented, but 
that will change and I am sure he and I will be very happy.


Folks are many faceted, and I am looking only at a small part of Ulf's 
life, but to me these two things are part of his lasting legacy.


To a decent and intelligent guy.

Mike

Michael Collinson



http://www.ndr.de/regional/schleswig-holstein/trittau115.html
http://www.ln-online.de/lokales/stormarn/3339992/die-polizei-sucht-ulf-moeller-aus-trittau
http://www.mz-web.de/servlet/ContentServer?pagename=ksta/pageatype=ksArtikelaid=1321007898341 
http://www.mz-web.de/servlet/ContentServer?pagename=ksta/pageatype=ksArtikelaid=1321007898341
http://www.mz-web.de/servlet/ContentServer?pagename=ksta/pageatype=ksArtikelaid=1326456860424openMenu=1012902958704calledPageId=1012902958704listid=1018348861894 
http://www.mz-web.de/servlet/ContentServer?pagename=ksta/pageatype=ksArtikelaid=1326456860424openMenu=1012902958704calledPageId=1012902958704listid=1018348861894


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[OSM-legal-talk] Licensing the license

2011-12-12 Thread Michael Collinson
We have had a request for another big open organisation to re-use our 
contributor terms [1] and summary [2] .


Both the terms and the summary are by default already published under 
CC-BY-SA 2.0.  However, my initial thought it that it is more practical 
to (also) offer them under a license that does not require attribution. 
Legal pages get confusing when they contain text not completely to the 
point, particularly to non-native language readers. PD0 springs to 
mind.  Does anyone think this is a bad idea and if so why?


Mike
LWG

[1]http://www.osmfoundation.org/wiki/License/Contributor_Terms
[2]http://www.osmfoundation.org/wiki/License/Contributor_Terms_Summary



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[OSM-legal-talk] Queensland imports into OSM

2011-09-26 Thread Michael Collinson

Hi Chris,

Thank you for info, I can follow it up now.

Thanks also for the nice feedback!

Mike
LWG

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Re: [OSM-legal-talk] Adopt a PD-Mapper ....... was Re: Refusing CT but declaring contributions as PD

2011-08-31 Thread Michael Collinson

Hi Simon,

Basically no. Our stance is that the only copy of their data that is 
accessible is what they contributed only under CC-BY-SA in a database 
which is published CC-BY-SA.  Whilst that stance may be arguable, the 
number of contributors is small, (3?), there is still a paradox between 
making a broad PD/CC0 declaration and not accepting the more limited 
subset new contributor terms, and there is a simple, practical solution 
without involving folks in a lot of technical work.


Such mappers have taken a principled and clear but minority position 
that OSM data should be published PD/CC0 right now and have not accepted 
the contributors terms to make that point. The simple practical solution 
is to now accept the terms having made the point. Outside the right 
now, the new terms do not logically conflict and provide a rational 
mechanism for further engagement with the OSM community on what our 
license should be.


Mike


On 31/08/2011 12:07, Simon Poole wrote:


Would the LWG support assigning the change sets of mappers that have 
made some kind of PD/CC0 declaration, to mappers that are willing to 
vouch for the data and accept the CTs?


 At least for mappers that have not explicitly declined the CTs this 
would seem to be doable without creating a conflict.


Simon


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

2011-06-15 Thread Michael Collinson

+1 Much appreciated, both the statement itself and Ben's efforts to get it.

Mike

On 15/06/2011 03:36, Richard Weait wrote:

On Tue, Jun 14, 2011 at 9:30 PM, Ben Lastben.l...@nearmap.com  wrote:
   

Hi all
As promised, with apologies for the delay, here is the statement from NearMap 
regarding submission of derived works of our PhotoMaps to OSM.
 

Dear Ben,

Thank you for providing this clear statement, for NearMap's
contributions to the OpenStreetMap community, and for the generous
decision to allow current NearMap-referenced data to remain in OSM.

Best regards,
Richard

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Re: [OSM-legal-talk] Is mail address legal@... valid?

2011-06-05 Thread Michael Collinson
For me as a personal contributor, it looks great as is. It goes out with 
every extraction(?).  You are making attribution credit reasonable to 
the medium (CC-BY-SA and CC-BY). You are crediting OpenStreetMap and 
properly identifying the CC-BY-SA license. You also have a link to 
http://www.openstreetmap.org/copyright for second-level attribution ... 
we are following exactly such an approach with all direct extractions 
from OSM (Planet, CGIMap, Rails API); you should find the text in Planet 
and CGIMap already. It will work with ODbL too.


You are not crediting all 400,000 OSM registrants in a manner at least 
as prominent as such other comparable authorship credit. [1] but ODbL 
fixes that. ;-)


Mike

[1] http://creativecommons.org/licenses/by-sa/2.0/legalcode Section 4(c) 
last sentence


On 05/06/2011 16:33, Jukka Rahkonen wrote:
[snip]

It is just about a proper way of attributing OSM in a Web Feature Service (WFS).
I posted a question first to this mailing list on May 16th and then to the
members of License Working Group on May 20th and another try on June 1st. Not so
hurry to get an answer, I just wanted to know that the question has arrived and
the working group is aware about it. The service itself is up and configured now
so that the WFS service metadata includes links to OSM license page. I have also
a separate web page describing the service and OSM license in mentioned there as
well with.

Service metadata is always available from
http://188.64.1.61/cgi-bin/tinyows?service=wfsversion=1.1.0request=getcapabilities
and it contains AccessConstraints section with the following text

Contains Map data from OpenStreetMap contributors
http://www.openstreetmap.org/
under CC-BY-SA license
http://creativecommons.org/licenses/by-sa/2.0/
Additional OpenStreetMap constraints
http://www.openstreetmap.orgcopyright?copyright_locale=en
Contains spatial data from the National Land Survey of Finland (NLS)
under NLS open license
http://www.maanmittauslaitos.fi/ilmaisetaineistot

The data from the service do not necessarily contain any hint about the origin
of the data or the licenses. In WFS users are supposed to chech such things from
the service metadata. However, WFS services can be used without studying the
metadata throughly. An example of direct data access and the output:
http://188.64.1.61/cgi-bin/tinyows?service=wfsversion=1.1.0request=getfeaturetypename=tows:osm_polygonmaxfeatures=1

-Jukka Rahkonen-




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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread Michael Collinson
I am also very hesitant to have a specific date now and basically 
support Kai's concept. Mostly the date thing is caution, I would like to 
move to Phase 4 as soon as possible but think we can then take our time 
getting as much ODbL coverage as possible. It is also disparate 
situations. At one extreme is ripping out and not replacing data where 
there may be a delayed solution available. At the other extreme, there 
is a local mapper or mapping party fixing up their local area with 
content equal to or better than a contributor who has clearly and 
publicly stated that they have no intention of ever accepting. [BTW, we 
will certainly make a full dump available upon the Phase 4 switch-over]


Since the unknowns and what-ifs are now falling away fast, I suggest we 
focus in on what critical mass is and do what we can do to achieve it. 
My initial criteria with some examples are:


- We should have the numbers. ODbL coverage weighted by size of 
contribution is looking great [1] but we are not there yet. I would like 
to have done our best to reach the large number of previous small and 
lapsed contributors and had a response. This is just beginning to come 
in this weekend. This may have important impact on local mappers.


- Local mappers and communities have had a chance to assess actual 
rather than hypothetical impact in small areas and regions.


- Large-scale individual contributors who would like to accept the new 
terms but feel they can't for some reason have been helped where 
practical and possible.


- Where a specific import or derivation issue exists, short or medium 
term possibilities have been exhausted. In Australia, we may get a 
straight yes/no answer from Nearmap on keeping current contributions. In 
the UK there is the ambiguous position of OS Streetview data. Champions 
for individual blank and yellow tagged entries in  
http://wiki.openstreetmap.org/wiki/Import/Catalogue welcome.


Mike

[1] http://matt.dev.openstreetmap.org/treemap.png

On 05/06/2011 03:23, Kai Krueger wrote:

Frederik Ramm wrote:
   

Now I sense some uncertainty among mappers as to what phase 4 exactly
means for them. I know for a fact that among the current disagreeing
mappers there are some who intend to stay with OSM and who are just
holding out until the last minute; and I know there are some who simply
wanted to delay their decision until later.

 

Yes, there are a number of people who have declined to relicense as it is
the only way available to formally voice ones disagreement with any of a)
the new licence, b) the CT or c) the process. Nevertheless, they remain
adamant supports and enthusiasts of OSM. Just that they happen to disagree
with what is best for the project and without being able to see into the
future it is pretty much impossible to say for sure which cause of action is
the best for the project.

So it is important to try and not alienate either side as much as possible.
Phase 4 is critical in this respect, as it is the first time ones decision
has actual consequences for mappers and starts locking users out of the
project, some of whom have put a huge amount of effort into OSM to ensure it
has become a success and deserve everyones respect. So it is bound to give
bad blood and result in highly emotional debates.


Frederik Ramm wrote:
   

Do not delete and re-map anything beforedate. We will send out a
message to everyone who has not agreed to the license change, and inform
them that after that date, mappers are likely to purge non-relicensed
data and that if they want their data to remain, they need to redecide
before that date.

 

Out of the listed options, I would personally prefer this option most, as it
imho leaves the most options open. However, rather than a specific date, I
would advertise the date to be the time at which a critical mass is
reached. I.e. when it becomes clear that sufficient data has successfully
been relicensed that the damage due to data loss will be acceptable to the
overall project.

That then really is the point of no return at which one can start a graceful
damage control by replacing no relicensable data.

At that point I presume OSMF will decide on a formal date on which phase 5
will begin. In order to give all data users enough time to adapt to the new
license and consider the consequences, I would expect OSMF to set this date
at least a month or two in advance, which will then still give mappers a
reasonable amount of time to start fixing up the holes that the relicensing
process will produce in the data.

Kai



--
View this message in context: 
http://gis.638310.n2.nabble.com/OSM-legal-talk-Phase-4-and-what-it-means-tp6440812p6441026.html
Sent from the Legal Talk mailing list archive at Nabble.com.

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Re: [OSM-legal-talk] Is mail address le...@osmfoundation.org valid?

2011-06-04 Thread Michael Collinson

Hi Jukka,

Yes, it is still in use and we read everything and we we do try to 
respond. Have we missed something?


Mike
License Working Group

On 04/06/2011 06:57, Jukka Rahkonen wrote:

Hi,

The page
http://www.osmfoundation.org/wiki/Working_Groups#Licensing_Working_Group
suggests that the licensing working group members should be reading posts sent
to a group address le...@osmfoundation.org. Is that address still in use?

-Jukka Rahkonen-


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Re: [OSM-legal-talk] A legal question

2011-04-16 Thread Michael Collinson

Hi Eldad,

This link http://www.osmfoundation.org/wiki/License may also help with 
general information. We are evolving it to help folks such as yourself, 
so if there is anything unclear or confusing, please do no hesitate to 
email me.


Mike

On 16/04/2011 15:55, Simon Biber wrote:

Hi Eldad,

It sounds like your meta data is derived from the OSM map data, in 
which case it must be licensed as CC-BY-SA.


This doesn't mean you have to actively contribute it back to the 
community. You can restrict access or allow users to set up access 
controls on your website.


But if someone who does have access to the work decides to copy it and 
make it publically available, you can't prevent them from doing so. 
The CC-BY-SA license gives anybody that freedom.


Kind regards,
Simon.

On 16/04/2011, at 10:54 PM, Eldad Yamin elda...@gmail.com 
mailto:elda...@gmail.com wrote:



Hello,
I want to use OSM data/map in order to create a map based service.
The users of my service will be able to create meta-data (POIs, trips 
and path) on the map and share it them with their friends.


Please note,
I'm not going to change the map data itself at all, only storing 
meta-data that was created by my users.
Is it something that I must contribute back to the community or 
something that I can set as optional setting to my users?
if the answer is yes, can I give my users the option to authorize who 
can view their data?


Thanks,
Eldad.


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Re: [OSM-legal-talk] CT, time period for reply to a new license change (active contributor)

2011-04-07 Thread Michael Collinson

On 28/03/2011 00:52, M∡rtin Koppenhoefer wrote:

Sorry that I come quite late with this, it might be too late, and it
was bothering me occasionally already for some months: if we really
decided in the future to change the license, isn't 3 weeks a little
short for such an important issue? I am referring to the time span
required for an active contributor to reply to an email from the
foundation. I feel this could be extended to say 6-8 weeks, because it
is not completely improbable that someone is not reachable for 3
weeks, and I don't see a need for such a hurry in a case important
like a license change (note we are now occupied with the current
license change and discussions for over 3 years).

Of course a potential new license change would most likely not appear
from nowhere, and implying a benevolent foundation this is maybe not
an issue, still for formal reasons I think this time span could be
extended.
   

Hi Martin,

The discussion we had when picking three weeks went something like this:

- 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.


I hope that makes sense.

Mike
License Working Group

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[OSM-legal-talk] Someone ought to do something ... dealing with violations of OSM's geodata license

2011-03-20 Thread Michael Collinson
This is a general question for discussion from the License Working 
Group. I may also ask on the main list as the constituency is different.


There are now 1 to 2 reports every month of folks violating OSM's 
license by using OSM's data or maps without any or without adequate 
CC-BY-SA attribution and they take several weeks to fix on average.  
These are mostly websites but include poster advertising, a TV 
advertisement and a TV show. This has sort of landed in the LWG's lap by 
default but we feel we are not dealing with the issues adequately and 
some issues not at all.  We welcome suggestions on a better system. Our 
main function is the internal license change, and until that is done, we 
really don't have the resource to handle external matters like this.


Here's a run down of what happens at the moment:

- At the very minimum, we want to keep make a public record of alleged 
violations to show that these things do not pass un-noticed and to 
provide a central point for collating frequency and the nature of the 
problem.  So far, if the LWG hears a report, we document the basics in a 
Hall of Shame section of our weekly meeting minutes, 
http://www.osmfoundation.org/wiki/Working_Group_Minutes


- A member of the OSMF board or LWG  takes up the particular issue. This 
depends very much on personal enthusiasm. It requires initial tact - 
most instances are neglect/cannot be bothered rather than purely wilful. 
It requires persistance and follow-up,  - we generally get an oh we 
will fix it immediately ... and then they don't. It requires careful 
coordination within the OSM/OSMF community to provide a united front. It 
may require research - for example, how exactly should a TV ad provide a 
CC-BY-SA atttibution? And lastly, future cases may involve bumping up to 
formal legal help and legal action.  Not easy for one person to do.



Mike
LWG



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Re: [OSM-legal-talk] OSM-legal-talk] Contributor terms (was : decision removing data:

2010-08-13 Thread Michael Collinson

At 01:14 13/08/2010, Liz wrote:

On Thu, 12 Aug 2010, Mike Collinson wrote:
 At 02:58 PM 12/08/2010, Robert Whittaker (OSM) wrote:
 PS: I'd be interested to know if the current CTs have had any legal
 review from OSMF's lawyers...

 Yes. Our initial desire was to have something very short, more in-line with
 what is now the summary [1]  but they were re-written professionally ...
 and came back, well, much longer.  We then worked compressing it to the
 minimum and had each small change explicitly reviewed. A number of changes
 were also proposed by kind folks on this list and were subjected to the
 same review.

 Mike

 [1] http://www.osmfoundation.org/wiki/License/Contributor_Terms_Summary


the output you get from a lawyer is dependent on the input
so you ask a question and the lawyer answers that question.

we can't decide anything  about the lawyer's contributions unless we 
know what

the original questions were.



Drafts are available at 
http://www.osmfoundation.org/wiki/Working_Group_Minutes . Look for 
Licensing Working Group, Contributor Terms (working document, not a 
final version)


However as you are only seeing the last revision per physical 
document, the earliest appears to be draft 11 ... so does not 
directly answer the question you are asking.


I will dig out the earliest draft I can find in history diffs and 
publish as a separate document.


Note also that we originally intended a very short version that 
pointed to (drafts of) Database Contents License (DbCL) . You can see 
the later v1.0 version at 
http://www.opendatacommons.org/licenses/dbcl/1.0/ and that there is a 
high correspondence of phraseology.


Mike 



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Re: [OSM-legal-talk] The use of OSM images in a promotional video

2010-08-09 Thread Michael Collinson

Hi Elliot,

For me, yes and yes but.  I mapped most of central Sydney myself 
originally and am delighted.  Your use clearly indicates two separate 
layers which the community says is OK, you don't need to share alike 
the 3D model ... though perhaps you can consider it?  As for the 
credits, please consider putting an attribution in a corner of the 
map. As long as the credit is on screen long enough to be read, it 
does not have to remain in view during panning or zooming.


With my License Working Group hat on:

Under the current CC BY SA license, there is no clear guide as to how 
attribution should be made. The credit needs to appear in a place 
reasonable to the medium or means you are utilising. In other 
words, you should expect to credit OpenStreetMap in the same way and 
with the same prominence as you would any other map supplier. A 
community consensus can be found at 
http://wiki.openstreetmap.org/wiki/Legal_FAQ#I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F 
and we are evolving an OSM Foundation one-stop-shop resource at 
http://www.osmfoundation.org/wiki/License, (feedback on clarity welcome).


Best of luck with your project,
Mike

At 06:01 09/08/2010, Elliot Sumner wrote:

Content-Language: en-US
Content-Type: multipart/alternative;

boundary=_000_29DA2EA641F1034AACF370880EE2098CF16122EE7FEXVMBX0154exc_

Hi all -

I'm doing an animation for a promotional corporate video, including 
an animated 3D model of Sydney, which I'd like to overlay with the 
OSM map of Sydney.


Presumably this is ok as long as I include the appropriate 
accreditation in the credits - could someone please clarify for me?


The video would be out in the wild (youtube etc.) and would be used 
as a promotional tool for our company (Seeker Wireless).


We provide mobile phone location technology, I'd be illustrating the 
geographic location of people using Seeker Wireless products.


Thanks
-Elliot
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[OSM-legal-talk] (Not) Removing data

2010-08-09 Thread Michael Collinson
I have been away from the grand fray for several weeks due to 
personal matters and have been catching up with threads on this 
list.  One question, I think from Liz, was who decided to remove 
data. That got me thinking as there was never any explicit decision 
point. Therefore I have a question which is more moral and ethical 
than legal at this point.


We get a high proportion of data under ODbL and decide to switch over 
to it. If someone does not accept the new license, (I am really 
thinking of folks who never respond) and we have reasonable made 
efforts to reach them, are we really obligated to remove their data 
from the ODbL live database unless they exert their original 
copyright and request us to do so?  A common mantra is that copyright 
does not mean much unless exerted. Views? Precedents?


Mike


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Re: [OSM-legal-talk] import of dataset for new zealand

2008-03-18 Thread Michael Collinson

At 12:48 PM 3/18/2008, 80n wrote:
On Tue, Mar 18, 2008 at 10:57 AM, Andy Robinson (blackadder) 
mailto:[EMAIL PROTECTED][EMAIL PROTECTED] wrote:

Richard Fairhurst wrote:
Sent: 18 March 2008 10:54 AM
To: mailto:legal-talk@openstreetmap.orglegal-talk@openstreetmap.org
Subject: Re: [OSM-legal-talk] import of dataset for new zealand

Robin Paulson wrote:

 (c) Crown Copyright

w00t, Robin found his Shift key! ;)

 even with 5 of these displayed on screen at any one time in a small
 but readable font (and of course, they only need to be shown when the
 data is usable, i.e. not at zoom 0 - 4), a large area of screen will
 not be needed

Better, I think, to stake our standard as being simply OpenStreetMap
and others hyperlinked to the attribution page. It's scalable when
more datasets come along; fits in better with the image of the
project; and imposes no technical burden on those who reuse the data
(i.e. they can simply link to 
http://www.openstreetmap.org/attributionwww.openstreetmap.org/attribution 
rather

than having to dynamically generate a list of imported datasets for
the bbox).

+1


Like this perhaps? 
http://wiki.openstreetmap.org/index.php/Attributionhttp://wiki.openstreetmap.org/index.php/Attribution


Can we symbolically link that to 
http://www.openstreetmap.org/attributionwww.openstreetmap.org/attribution 
and then put a link to it on the front page to show we have a 
practical attribution solution and are giving it maximum 
easy-to-reach prominence?


It then just comes down to being careful to give the licensor chance 
to define what include an attribution statement without forcing them to.


I'd suggest Robin emails or writes, writing preferable, a short 
letter like the following.  I had a hot shot lawyer business partner 
and this is a tactic we often used in general business.  Generally, 
there is no reply and therefore any subsequent objection carries 
little or no weight.  I'd also be happy to send this personally as an 
OSMF board member if Robin provides contact details and prior contact summary.


Thank you for making your xyz data available.  We are incorporating 
it into a worldwide free open mapping project 
http://www.openstreetmap.org, the purposes of which is described in 
more detail at http://wiki.openstreetmap.org.  In order to give 
maximum permanent attribution as per your license terms, we have 
placed an attribution here at 
http://www.openstreetmap.org/attribution.  If you have any objections 
or questions about such usage, please feel free to write to us by 
x, 2008, after which we will assume we are meeting your terms 
satisfactorily.


This approach has worked successfully in the Philippines for OSM, 
even sending the letter registered post.


Mike





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