Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-11-03 Thread Martin Koppenhoefer
2014-11-02 23:11 GMT+01:00 Alex Barth a...@mapbox.com:

 We have no significant third party ODbL data releases due to OSM share
 alike to show for



Actually the Italian Government has designed their open data license (IODL)
to be compatible with OdbL:
http://www.dati.gov.it/content/italian-open-data-license-domande-e-risposte

(I've heard they did this explicitly because of OSM). If it makes sense for
a PA to use a share-alike license instead of PD is a different kettle of
fish...

cheers,
Martin
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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-11-02 Thread Alex Barth
On Thu, Oct 30, 2014 at 4:30 PM, Rob Myers r...@robmyers.org wrote:

  For corporations its most of the time easier to spend 500K€ on a
  commercial dataset than to spend 5k€ on a Lawyer analyzing a
  licensing issue.

 If we add up the cost of all the time company representatives have
 spent trying to get OSM to change its licensing *a second time*, it
 would have been a lot cheaper for them to get together and just hire a
 lawyer who knew what they were doing.


1. I wish this was true.
2. I wish you described the problem.

There's a brake on adoption we put on OpenStreetMap by way of share alike
for no tangible benefit. This is not just about shaping the OSM license to
taste for certain 'company representatives' but about the overall growth
potential of the project which is limited by its applications. All we have
in favor of share alike is fear, and the fact that we've used it so far. We
have no significant third party ODbL data releases due to OSM share alike
to show for, but clear reasons and examples of people walking away from the
project because of share alike.

I've stated this argument before and I do understand that for many in the
community share alike represents an important protection for the project. I
don't follow this sentiment at all because of all the reasons Florian laid
out in his response [1]. But I do understand the desire for a strong,
lasting and independent OpenStreetMap. Maybe there's a way to think outside
of the box of a license and come up with guarantees or principles
the OpenStreetMap project would want to have to protect its interests.
Thinking out loud.

[1]
https://lists.openstreetmap.org/pipermail/legal-talk/2014-October/008025.html
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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-11-02 Thread Rob Myers
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On 02/11/14 02:11 PM, Alex Barth wrote:
 
 We have no significant third party ODbL data releases due to OSM 
 share alike to show for,

Then clearly OMS should have stuck with BY-SA for the database, as
that did gain third party data releases.

 but clear reasons and examples of people walking away from the 
 project because of share alike.

If switching to a license that is more amenable to proprietary use
hasn't stopped increasing numbers of people walking away then,
again, the project should have stuck with BY-SA.

So the stronger share-alike license got more of the positive results
that you are blaming the weaker license for not achieving, and caused
less of the alleged harm you are attributing to it.

That sounds like an argument for stronger copyleft, not weaker.

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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-30 Thread Florian Lohoff

Hi,

On Wed, Oct 29, 2014 at 03:02:27PM +0100, Martin Koppenhoefer wrote:
 actually this would remove the virality from the license, a feature that
 was chosen on purpose to be included. The basic idea of share alike
 licenses is to infect other stuff that gets in contact with the
 share-alike content/data to become share-alike itself.

Share Alike is the expression for fear of abuse.

In my mind there cant be any abuse of OSM data. I want the OSM Data to be
available everywhere and anyone. And it needs to be a no brainer which it isnt
right now. For corporations its most of the time easier to spend 500K€ on a
commercial dataset than to spend 5k€ on a Lawyer analyzing a licensing issue.

ANY restriction is a problem for adoption as one can see e.g. from
the discussion about geocoding data.

Flo
-- 
Florian Lohoff f...@zz.de


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[OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Robert Whittaker (OSM lists)
The ODbL that we now use for OSM data technically only applies to the
database, and not to individual contents contained within it. For
that, the ODbL says you need a separate licence [1]. I was under the
impression that for OSM's data this licence was the ODC's Database
Contents Licence (DbCL) [2].

It therefore surprised me when I read the White Paper at [3], which
said that uncertainty over the content licence was a problem for
downstream users.

When I went to check what the content licence was, I was unable to
find any definitive information where I would expect to find it; i.e.
at http://www.openstreetmap.org/copyright or
http://wiki.openstreetmap.org/wiki/Legal_FAQ or
http://wiki.osmfoundation.org/wiki/License . The latter two seem to
suggest that the OSM Contributor Terms [4] act as a content licence,
but I don't see how that's possible, since the Contributor Terms are
concerned with people giving rights and assurances to OSMF, rather
than OSMF providing rights to data users. The Contributor Terms
themselves mention the DbCL as one of the possible licences OSMF can
use, but don't actually say that OSMF are using it for current data
downloads.

So can I enquire as to exactly what the content licence is for OSM's
geodata, and suggest that it is made clearer on the pages linked
above?

I guess some people may argue that the individual data items in OSM
are facts and so aren't copyrightable anyway. However, it's not
obvious to me that this is necessarily the case for all the data items
(there are certainly some things in OSM that are subject to creative
judgement) and it would seem that uncertainty over the content licence
is a real issue for data users. Even if an explicit content licence
may not be necessary, it would surely be good to soecify one like the
DbCL anyway.

Thanks,

Robert.

[1] http://opendatacommons.org/licenses/odbl/
[2] http://opendatacommons.org/licenses/dbcl/1-0/
[3] 
http://spatiallaw.blogspot.co.uk/2014/10/the-odbl-and-openstreetmap-analysis-and.html
[4] http://wiki.osmfoundation.org/wiki/License/Contributor_Terms

-- 
Robert Whittaker

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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread SomeoneElse

On 29/10/2014 09:05, Robert Whittaker (OSM lists) wrote:

It therefore surprised me when I read the White Paper ...


What I read was MapBox pays some bloke called Kevin to write a paper 
supporting their commercial point of view re the licensing of 
OpenStreetMap data.


Does it really deserve any more attention than that?

Cheers,

Andy


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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Martin Koppenhoefer
2014-10-29 12:32 GMT+01:00 SomeoneElse li...@mail.atownsend.org.uk:

 What I read was MapBox pays some bloke called Kevin


doesn't seem to be a nobody in this field though:
Kevin is the Executive Director of the Centre for Spatial Law and Policy
and a lawyer focusing on the unique legal and policy issues associated with
spatial data and spatial technology. These issues include intellectual
property rights, licensing, liability, privacy and national security. He
writes and speaks extensively on spatial law and technology. He is a member
of the Board of Directors of the Open Geospatial Consortium and is active
in other geospatial associations...

so regardless that by asking 2 lawyers about geodata and licenses you'd
typically get 3 different interpretations (so I am told), this bloke at
first glance looks like an expert for this topic...

cheers,
Martin
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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Sachin Dole
I am unpaid nobody in the context of last two emails on this thread. In my
opinion, it sure would be nice for users (not contributors alone)  if
there  was lot more clarity. I imagine, from my point of view, that
contributors and other stakeholders might also benefit from commercial
users if the license is clear that only data gathered from OSM be shared
alike leaving derivative or collective out of share alike if possible.

Thank you for giving me a voice.
On Oct 29, 2014 7:34 AM, Martin Koppenhoefer dieterdre...@gmail.com
wrote:


 2014-10-29 12:32 GMT+01:00 SomeoneElse li...@mail.atownsend.org.uk:

 What I read was MapBox pays some bloke called Kevin


 doesn't seem to be a nobody in this field though:
 Kevin is the Executive Director of the Centre for Spatial Law and Policy
 and a lawyer focusing on the unique legal and policy issues associated with
 spatial data and spatial technology. These issues include intellectual
 property rights, licensing, liability, privacy and national security. He
 writes and speaks extensively on spatial law and technology. He is a member
 of the Board of Directors of the Open Geospatial Consortium and is active
 in other geospatial associations...

 so regardless that by asking 2 lawyers about geodata and licenses you'd
 typically get 3 different interpretations (so I am told), this bloke at
 first glance looks like an expert for this topic...

 cheers,
 Martin

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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Martin Koppenhoefer
2014-10-29 13:47 GMT+01:00 Sachin Dole sd...@genvega.com:

 ...  if there  was lot more clarity. I imagine, ..., that contributors and
 other stakeholders might also benefit from commercial users if the license
 is clear that only data gathered from OSM be shared alike leaving
 derivative or collective out of share alike if possible.



actually this would remove the virality from the license, a feature that
was chosen on purpose to be included. The basic idea of share alike
licenses is to infect other stuff that gets in contact with the
share-alike content/data to become share-alike itself.

cheers,
Martin
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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Rob Myers
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On 29/10/14 07:02 AM, Martin Koppenhoefer wrote:
 
 actually this would remove the virality from the license, a feature
 that was chosen on purpose to be included. The basic idea of share
 alike licenses is to infect other stuff that gets in contact with
 the share-alike content/data to become share-alike itself.

It's congenital, not viral. It propagates by inheritance, not
contagion.

;-)

- - Rob.

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Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-10-29 Thread Rob Myers
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On 29/10/14 04:32 AM, SomeoneElse wrote:
 On 29/10/2014 09:05, Robert Whittaker (OSM lists) wrote:
 It therefore surprised me when I read the White Paper ...
 
 What I read was MapBox pays some bloke called Kevin to write a
 paper supporting their commercial point of view re the licensing
 of OpenStreetMap data.
 
 Does it really deserve any more attention than that?

Uncertainty is simply a term of art that means obvious impediments
to my sense of entitlement.

Likewise, lack of clarity means haven't read the contributor terms.

- - Rob.

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Re: [OSM-legal-talk] 'Contents'

2011-05-14 Thread Ed Avis
Francis Davey fjmd1a@... writes:

The ODbL definition of database implicitly contains a definition of
contents, namely the things that are arranged in a systematic etc
way. What the contents are will depend on the terms of OSMF's
licence,

I think the 'contents' must depend on the nature of the work being considered
and not on the licence.  For some works, such as a database of photographs, it
is clear what is the 'contents' and what the database which contains them.
I don't think that distinction is clear for the OSM map data, because the
individual data items (such as latitude numbers, or names of things) are almost
meaningless considered separately.

So my question is really about how the law and the licence text apply to OSM
in particular.  The ODbL is a general-purpose licence for anything that may
be considered a 'database' having 'contents'; the question is whether a given
work can be considered in that framework.  For a photo album, the answer is yes;
for an individual photo, surely not (it would be stretching things to consider
each square pixel as a separate item of 'contents').  The OSM map falls
somewhere between these two extremes.

The example you gave was that of the user diaries table, which contains prose
written by OSM contributors.  It would certainly be a good example of a split
between database and contents.  However, it's not in fact part of the map data
which is proposed to be distributed under ODbL / DbCL.

So, in the UK an entire table (and certainly the entire database),
considered as a table, would attract database right and one or two
forms of copyright (probably only the one, maybe none), but some of
the data in the database might attract its own copyright. That
copyright would not be licensed under ODbL which expressly does not
deal with the licence terms of the contents of the database.

This does make sense, but it makes it important to find out exactly what these
'contents' are.  The ODbL text is no help because it is general-purpose and
doesn't know about map-specific terms or OSM-specific data such as nodes and
areas.

Problem: what if I take a map and enter points on it into the OSM
database? [...]  However the map is not (as a map) contents of the
database (in ODbL terms) because it is not individually accessible.

Ah, so perhaps this is the test; if an object can be taken out individually
then it is considered 'contents'.  However, this is problematic; given the
file of map data, whether something is individually accessible depends entirely
on the computer program used to manipulate the file.  At the extreme a whole
city might be individually accessible through some interface.

-- 
Ed Avis e...@waniasset.com



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Re: [OSM-legal-talk] 'Contents'

2011-05-08 Thread Ed Avis
Francis Davey fjmd1a@... writes:

But it's possible
that the 'contents', which are covered by the DbCL rather than the ODbL, might
be something meaningful.
 
Yes, indeed. And who knows?

If I understand you rightly, you're saying that the 'contents' referred to here
is not meant to be something meaningful in the context of OSM, but rather a
catch-all term for whatever a court might find to be 'database contents' in the
future.

That seems a little bit dangerous since you can reasonably argue that almost
everything in OSM is 'database contents', with the 'database' itself providing
very little.  (Yes, even if you remember the difference between a database and
a database management system.)  Once you start saying that the map can be 
divided
into 'database' and 'contents', you naturally invite the question of where the
dividing line is.  It might have been better not to muddy the waters in this way
and just say that the whole thing - whether considered by law as database, as
database contents, or anything else - is licensed under the ODbL.

Otherwise (and I realize this is a far-fetched scenario, but no more outlandish
than some of the others thrown about here) we run the risk of someone taking the
whole OSM map data but then arguing in court that what they took is 'database
contents' and therefore they are entitled to use it under the DbCL.

-- 
Ed Avis e...@waniasset.com


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Re: [OSM-legal-talk] 'Contents'

2011-05-08 Thread Francis Davey
2011/5/8 Ed Avis e...@waniasset.com:

 If I understand you rightly, you're saying that the 'contents' referred to 
 here
 is not meant to be something meaningful in the context of OSM, but rather a
 catch-all term for whatever a court might find to be 'database contents' in 
 the
 future.


H, maybe a little more explanation would help.

The ODbL takes a number of inputs defined by the licensor. One of them
is a specification of what the database being licensed under the
ODbL.

There is a constraint on that input, namely that it must be a
database as defined in the ODbL:

“Database” – A collection of material (the Contents) arranged in a
systematic or methodical way and individually accessible by electronic
or other means offered under the terms of this License.

(or the licensing would be meaningless or at best confusing). This
definition is close to the definition in Article 1 of the database
directive which is:

'database` shall mean a collection of independent works, data or other
materials arranged in a systematic or methodical way and individually
accessible by electronic or other means.

A court is almost certain to conclude that they are meant to mean the
same thing even though the wording is different.

The ODbL definition of database implicitly contains a definition of
contents, namely the things that are arranged in a systematic etc
way. What the contents are will depend on the terms of OSMF's
licence, but I suspect that the definition of database will be in
computer science terms the OSM database described here:

http://wiki.openstreetmap.org/wiki/Database_schema

I'm not an OSM expert, so I've never read this before, but fortunately
its in a language (SQL) that I understand. If that is the database
then the contents (in ODbL terms) is almost certainly the material
contained in the rows (or individual fields) of the database, since
they can be individually accessed.

Some of this material is almost certainly not going to attract
copyright protection in any jurisdiction _even_ in the UK (which I
think is the slackest jurisdiction in the developed world in terms of
subsistence). Others clearly will, for example:

CREATE TABLE diary_entries (
id bigint NOT NULL, --autoincrement primary key
user_id bigint NOT NULL, -- references users(id)
title character varying(255) NOT NULL,
body text NOT NULL,
created_at timestamp without time zone NOT NULL,
updated_at timestamp without time zone NOT NULL,
latitude double precision,
longitude double precision,
language_code character varying(255) DEFAULT 'en'::character
varying NOT NULL -- references languages(code)
);

contains a field body of type text which could contain (and
probably does contain in some cases) a literary work.

So, in the UK an entire table (and certainly the entire database),
considered as a table, would attract database right and one or two
forms of copyright (probably only the one, maybe none), but some of
the data in the database might attract its own copyright. That
copyright would not be licensed under ODbL which expressly does not
deal with the licence terms of the contents of the database.

So, if you want to licence people to be able to use the individual
bits of the database that themselves attract copyright protection (of
which there won't be many) then you need some other licensing scheme
for them.

Problem: what if I take a map and enter points on it into the OSM
database? Assume that that map-maker is happy with that and that it is
an OK thing to do. That map is a graphical/artistic work which will
almost certainly have its own copyright. One might loosely say that
the OSM database will contain that map after I have entered it - and
certainly there's an argument that OSMF would need to licence it (and
have the right to do so) when it displayed that part of the map.

However the map is not (as a map) contents of the database (in ODbL
terms) because it is not individually accessible. Its unclear to me
whether ODbL does, or is intended, to licence that map's copyright as
part of the database somehow or not.

ODbL 2.2 says Copyright. Any copyright or neighbouring rights in the
Database. which suggests only those rights that subsist in the
database _qua database_ and not any rights that might exist otherwise.

On the other hand it seems natural that the map be Your Contents as
understood by the contributor terms, because it is very much something
contributed  by the contributor who enters it.

My understanding is that geodata legal specialists have thought about
all this, but I'm not clear what conclusions they have come to.

 That seems a little bit dangerous since you can reasonably argue that almost
 everything in OSM is 'database contents', with the 'database' itself providing
 very little.  (Yes, even if you remember the difference between a database and
 a database management system.)  Once you start saying that the map can be 
 divided
 into 'database' and 'contents', you naturally 

Re: [OSM-legal-talk] 'Contents'

2011-05-06 Thread Francis Davey
On 5 May 2011 15:40, Ed Avis e...@waniasset.com wrote:

 From a user's point of view, a safe strategy is to assume that 'contents' is
 empty and that everything in the map is licensed under ODbL.  But it's 
 possible
 that the 'contents', which are covered by the DbCL rather than the ODbL, might
 be something meaningful.

Yes, indeed. And who knows? Even our Court of Appeal (of England and
Wales) is not entirely sure, which is why it referred questions to the
ECJ about what (if any) intellectual property rights there were in
football fixtures lists.

An (English) court might well find that parts of or all of the map
were some or many artistic works and hence subject to copyright or it
might think that some of the words in the map were literary works
(unlikely, but I don't know what's there - its a big map), or that
(perhaps) each way was a compilation along the lines of the old
compilation cases or some similar form of literary work and therefore
subject to copyright.

Or the ways themselves might be databases subject to database
copyright or they might be another kind of work (assuming that Infopaq
has destroyed the division of copyright into kinds of work that
English law adopts) etc.

Really, who knows. I'd certainly happily take instructions to argue
either way on all these points, as I'm sure lots of other IP lawyers
would.

But whatever might be that position, it looks likely that there is
also a database (subject to database right) of the bits that make up
the map, whether or not there are any other IP rights.

Other jurisdictions may (of course) vary, though Europe less so.

-- 
Francis Davey

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[OSM-legal-talk] 'Contents'

2011-04-27 Thread Ed Avis
The plan to change the licence is to use ODbL for the 'database' and DbCL for 
the
'database contents'.  Are these 'contents' the same as the 'Your Contents'
referred to by the CTs - or is that a different kind of contents?

Don't the CTs also need to assign rights over 'Your Database' as well as 'Your
Contents', since it is likely that even one single contributor would produce
effectively a database of map data, just covering a smaller area of the globe?

Or is an individual changeset considered to be pure 'contents' and only when it
is combined with other changesets becomes part of a 'database'?

-- 
Ed Avis e...@waniasset.com


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Re: [OSM-legal-talk] 'Contents'

2011-04-27 Thread Francis Davey
On 27 April 2011 09:26, Ed Avis e...@waniasset.com wrote:
 The plan to change the licence is to use ODbL for the 'database' and DbCL for 
 the
 'database contents'.  Are these 'contents' the same as the 'Your Contents'
 referred to by the CTs - or is that a different kind of contents?

They are defined in the CTs as data and/or any other content
(contributed by the contributor).

As an aside, what any other content might be is not clear since,
surely, anything capable of being uploaded to the site is in some
definitions of the word data. However that's a standard lawyerly
drafting style to try to exclude any possibilities that haven't been
thought of (its a style that is discouraged by clear English
campaigners but its pretty common).

Put more simply Your Contents is anything you upload.

contents in the ODbL has a very different sense. The database right
refers to a database in the sense of directive 96/9/EC where
database is defined as a collection of independent works, data or
other materials arranged in a systematic or methodical way and
individually accessible by electronic or other means.

So from the point of view of EU database law a database consists of
something else (works, data etc) which are arranged into the database.

The ODbL shadows this definition by saying: “Contents” – The contents
of this Database, which includes the information, independent works,
or other material collected into the Database. A court is likely to
assume this is intended to parallel the definition given in 96/9/EC,
so that contents refer to the things arranged to form the database.
Those things may be subject to other forms of intellectual property
right, including database rights of their own which might even be
licensed under the ODbL (for example a database of works, some of
which are tables).

Hopefully this makes it clear that something isn't either contents
or database but could be both or neither.

So, contributors may upload data which does not, itself, constitute a
copyrightable work and which is not itself a database and therefore
the contributors have no intellectual property rights in the data.

Alternatively, contributors may upload data which, taken together,
does constitute either a copyrightable work and/or a database.


 Don't the CTs also need to assign rights over 'Your Database' as well as 'Your
 Contents', since it is likely that even one single contributor would produce
 effectively a database of map data, just covering a smaller area of the globe?

No. The licence grant in clause 2 licences both copyright and database
rights to OSMF. A contributor therefore permits any act which might
infringe any database right they might have in the data they upload.

The wording of the grant makes it clear that the use of the word
contents is not meant to equate to that in the ODbL.


 Or is an individual changeset considered to be pure 'contents' and only when 
 it
 is combined with other changesets becomes part of a 'database'?

As I hope I've clarified, I don't think it makes sense to ask whether
something is considered to be pure 'contents'. The two questions
are: (i) what is covered by the contributor terms (everything
uploaded) and (ii) what does the ODbL licence (the arrangement of
OSMF's database)?

-- 
Francis Davey

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Re: [OSM-legal-talk] 'Contents'

2011-04-27 Thread Ed Avis
Francis Davey fjmd1a@... writes:

Put more simply Your Contents is anything you upload.

contents in the ODbL has a very different sense.

Thanks for clarifying.  I think it's unfortunate that the same word was used
for both.

-- 
Ed Avis e...@waniasset.com


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