Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-29 Thread Rob Myers
On 26/11/11 23:43, Nic Roets wrote:
 Rob, I'm not sure what you mean.
 
 So I'm going to give a simple example. Suppose someone has a table with
 museums and their capabilities. He then combines it with OSM to create a
 map. If the capabilities is something opaque like type1 and type2,
 then the resultant map can be useless to us. (Reverse engineering is not
 reliable).
 
 It's possible that an exact definition of type1 and type2 exist, but
 requiring the person to publish it may be too intrusive. For example it
 could involve some statistical scoring process like Page Rank (which
 involves processing every web page on the Internet).

If the only way the database can function is with data not included in
it, then the database is incomplete and not the source of the produced work.

(IMO.)

 It's also possible that type1 can be completely subjective e.g. the
 person thinks that the paintings in the museum are beautiful.

That's a definition right there. :-)

 So I really can't see how useful source data can have a water tight,
 yet practical definition.

It can however state that obfuscation or don't wanna aren't sufficient
reasons for something not being a derivative database. :-)

- Rob.

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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Richard Fairhurst
!i! wrote:
 But to be hornest, we aren't legal experts, so it would be great to 
 get a statement of people that are more aware of all of the legal aspects.

1. You cannot apply extra conditions to the licence (CC-BY-SA 4a, as you
say).
2. Your website may have its own terms of use that restrict how you extract
the data from that site (e.g. no scraping), but these may not limit what
you do with the data once you've downloaded it.
3. CC-BY-SA indeed does not require that you publish the useful source data.
(ODbL does.)
4. CC-BY-SA does not permit you to distribute DRMed versions: You may not
distribute, publicly display, publicly perform, or publicly digitally
perform the Work with any technological measures that control access or use
of the Work in a manner inconsistent with the terms of this License
Agreement. (ODbL does _but_ only if you also offer a version without such
measures.)

cheers
Richard



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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Nic Roets
On Fri, Nov 25, 2011 at 12:56 PM, Richard Fairhurst rich...@systemed.netwrote:


 3. CC-BY-SA indeed does not require that you publish the useful source
 data.
 (ODbL does.)


I honestly doubt that ODbL will achieve this. For example, if someone
decides to use some convoluted tagging system without publishing a
specification, his data will mean very little to the community.

I will go even further and say this is already happening by people who have
already agreed to the ODbL. (Should I point out the examples that I know of
?)
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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Dermot McNally
On 25 November 2011 11:07, Nic Roets nro...@gmail.com wrote:

 I will go even further and say this is already happening by people who have
 already agreed to the ODbL. (Should I point out the examples that I know of
 ?)

From where we stand now, they are doing nothing wrong, since ODbL does
not yet apply to the database. Now, you can of course claim that what
those people are doing now represents a good indication of intent for
when ODbL does kick in...

Dermot

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Igaühel on siin oma laul
ja ma oma ei leiagi üles

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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Matthias Meißer

Thanks for this statement Richard :)

Have a nice weekend
Matthias

Am 25.11.2011 11:56, schrieb Richard Fairhurst:

!i! wrote:

But to be hornest, we aren't legal experts, so it would be great to
get a statement of people that are more aware of all of the legal aspects.


1. You cannot apply extra conditions to the licence (CC-BY-SA 4a, as you
say).
2. Your website may have its own terms of use that restrict how you extract
the data from that site (e.g. no scraping), but these may not limit what
you do with the data once you've downloaded it.
3. CC-BY-SA indeed does not require that you publish the useful source data.
(ODbL does.)
4. CC-BY-SA does not permit you to distribute DRMed versions: You may not
distribute, publicly display, publicly perform, or publicly digitally
perform the Work with any technological measures that control access or use
of the Work in a manner inconsistent with the terms of this License
Agreement. (ODbL does _but_ only if you also offer a version without such
measures.)

cheers
Richard



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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Rob Myers
On 25/11/11 11:07, Nic Roets wrote:
 On Fri, Nov 25, 2011 at 12:56 PM, Richard Fairhurst
 rich...@systemed.net mailto:rich...@systemed.net wrote:
 
 3. CC-BY-SA indeed does not require that you publish the useful
 source data.
 (ODbL does.)
 
 I honestly doubt that ODbL will achieve this. For example, if someone
 decides to use some convoluted tagging system without publishing a
 specification, his data will mean very little to the community.

If it's that complex it's part of the data... :-)

- Rob.

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