Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-02-01 Thread Anthony
On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote:
 Hi,

 Anthony wrote:

 Strongly agree.  Whether started and/or spread by CC, OSM, both, or
 neither, there definitely seems to be a common misconception that OSM
 is simply a database of facts,

 Well I for one still believe that OSM is aiming to be a database of facts.

 and that therefore what's best for a
 database of facts is best for OSM.

 I think that the misconception from which CC is now distancing themselves is
 that data should be licensed CC0, not OSM is a databae of facts.

Alright, so, here's what they've said:

We occasionally encounter a misimpression that CC licenses can’t be
used for data and databases, or that we don’t want CC licenses to be
used for data and databases. This is largely our fault

Data and databases are often copyrightable. When licensed under any
of our licenses, the license terms apply to copyrightable data and
databases, requiring adaptations that are distributed be released
under the same or compatible license terms, for example, when a
ShareAlike license is used.

CC licenses can and should be used for data and databases, right now
(as they have been for 8 years) — with the important caveat that CC
3.0 license conditions do not extend to “protect” a database that is
otherwise uncopyrightable.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Frederik Ramm

Hi,

Anthony wrote:

Strongly agree.  Whether started and/or spread by CC, OSM, both, or
neither, there definitely seems to be a common misconception that OSM
is simply a database of facts,


Well I for one still believe that OSM is aiming to be a database of facts.


and that therefore what's best for a
database of facts is best for OSM.


I think that the misconception from which CC is now distancing 
themselves is that data should be licensed CC0, not OSM is a databae 
of facts.


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote:
 I think that the misconception from which CC is now distancing themselves is
 that data should be licensed CC0, not OSM is a databae of facts.

Do you think they are also distancing themselves from the position
that scientific data should be licensed CC0?  Mike's comments seemed
to imply that they were sticking by that, and I find it hard to see
how cartographic facts are not scientific data.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 6:20 PM, Anthony o...@inbox.org wrote:
 On Sat, Jan 22, 2011 at 5:03 AM, Frederik Ramm frede...@remote.org wrote:
 I think that the misconception from which CC is now distancing themselves is
 that data should be licensed CC0, not OSM is a databae of facts.

 Do you think they are also distancing themselves from the position
 that scientific data should be licensed CC0?  Mike's comments seemed
 to imply that they were sticking by that, and I find it hard to see
 how cartographic facts are not scientific data.

Personally I'm hoping for a CC-BY-SA which states explicitly that it
does not cover unoriginal facts and that it only covers the expression
half of the idea/expression divide.  This would level the playing
field between different jurisdictions, while remaining a pure grant
of permission and without resorting to imposing extra restrictions
on people beyond what the law specifies.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-22 Thread Anthony
On Sat, Jan 22, 2011 at 6:27 PM, Anthony o...@inbox.org wrote:
 Personally I'm hoping for a CC-BY-SA which states explicitly that it
 does not cover unoriginal facts and that it only covers the expression
 half of the idea/expression divide.

Ugh, sorry for the imprecise language (this is why I'm thrilled CC's
lawyers are finally looking at this).  By does not cover, I mean
that it provides license to use any facts and ideas contained in the
work without restriction.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Andrew Harvey
Thanks for posting this Kai. Those comments from Creative Commons look
promising.

On Fri, Jan 21, 2011 at 11:02 AM, Kai Krueger kakrue...@gmail.com wrote:

 I'd like to link to a recent interesting article on the OSM licensing change
 on LWN (Linux Weekly News) as I haven't seen it be mentioned anywhere yet.

 http://lwn.net/Articles/422493/

 It also has a 60 entry long comment section. Although much is a rehash of
 the the endless debates on OSMs own communication channels,
 there are also a set of comments by user mlinksva from Creative Commons
 (e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
 that would suggest a possible, quite significant, change of attitude (or at
 least a perceived change) of CC towards open data licensing and OSM.

 I'll try and paraphrase some of the main points and hope I don't
 missrepresent anyone.

 - CC does not (no longer) think data should be PD and would be happy with
 copyleft on data. The statements of CC saying data should be PD were from
 science commons for scientific data only and was a misscommunication that it
 was perceived as general CC viewpoint

 - CC does care about data and either sees their licensing as potentially
 valid for data or intend to make it work for data

 - CC is (or will be) working on a new version 4 of their CC licenses, which
 will apparently make every effort to address the needs of the open data
 ecosystem

 What exactly this all means, if it is indeed a shift away from the position
 CC appears to have held previously, why it comes to light now and if it has
 any relevance to the license change process for OSM I have no idea. But
 perhaps we will find out more about this soon from CC as mlinksva mentioned
 he wanted to follow up on these points publicly.

 Their wiki page on version 4 ( http://wiki.creativecommons.org/Version_4 )
 at least is still entirely empty. So it probably isn't anything around the
 corner or of any certainty yet.

 Kai
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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Rob Myers

On 21/01/11 00:02, Kai Krueger wrote:


I'll try and paraphrase some of the main points and hope I don't
missrepresent anyone.


I am *very* glad that CC are now publicly acknowledging the harm that 
Science Commons has caused.


I don't know how far CC can go with the 4.0 licences, but Mike's comment 
does appear to represent a major shift in thinking within CC.


It's well worth reading his responses to follow up comments in full.

And I look forward to the post he promises with great interest. :-)

- Rob.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Andrew
Kai Krueger kakrueger@... writes:

 It also has a 60 entry long comment section. Although much is a rehash of
 the the endless debates on OSMs own communication channels,
 there are also a set of comments by user mlinksva from Creative Commons
 (e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
 that would suggest a possible, quite significant, change of attitude (or at
 least a perceived change) of CC towards open data licensing and OSM.

I hope there is no turf war brewing between Creative Commons and Open Data 
Commons.

--
Andrew



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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Richard Weait
On Fri, Jan 21, 2011 at 7:38 AM, Andrew wynnd...@lavabit.com wrote:
 I hope there is no turf war brewing between Creative Commons and Open Data
 Commons.

I wouldn't know.  On the other hand, Mike Linksvayer, from Creative
Commons, joined the License Working Group conference call on 18 Jan
2011.  The discussion was cordial.  I found it interesting to hear the
CC perspective on things.

So I wouldn't say that a turf war is brewing between CC and OSM.

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Ed Avis
I think there has been a bit of a crossed wire between 'scientific data' and
'anything which can be considered as data'.  The position that scientific data
sets should be placed in the public domain seems reasonable (IMHO) but it is not
directly relevant to OSM because we are not a science project.

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


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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Anthony
On Fri, Jan 21, 2011 at 9:44 AM, Ed Avis e...@waniasset.com wrote:
 I think there has been a bit of a crossed wire between 'scientific data' and
 'anything which can be considered as data'.  The position that scientific data
 sets should be placed in the public domain seems reasonable (IMHO) but it is 
 not
 directly relevant to OSM because we are not a science project.

Strongly agree.  Whether started and/or spread by CC, OSM, both, or
neither, there definitely seems to be a common misconception that OSM
is simply a database of facts, and that therefore what's best for a
database of facts is best for OSM.

I'm thrilled to see that CC seems to be distancing itself from this position.

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[OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-20 Thread Kai Krueger

I'd like to link to a recent interesting article on the OSM licensing change
on LWN (Linux Weekly News) as I haven't seen it be mentioned anywhere yet.

http://lwn.net/Articles/422493/

It also has a 60 entry long comment section. Although much is a rehash of
the the endless debates on OSMs own communication channels,
there are also a set of comments by user mlinksva from Creative Commons
(e.g. http://lwn.net/Articles/422754/) that seem to bring points to light
that would suggest a possible, quite significant, change of attitude (or at
least a perceived change) of CC towards open data licensing and OSM.

I'll try and paraphrase some of the main points and hope I don't
missrepresent anyone.

- CC does not (no longer) think data should be PD and would be happy with
copyleft on data. The statements of CC saying data should be PD were from
science commons for scientific data only and was a misscommunication that it
was perceived as general CC viewpoint

- CC does care about data and either sees their licensing as potentially
valid for data or intend to make it work for data

- CC is (or will be) working on a new version 4 of their CC licenses, which
will apparently make every effort to address the needs of the open data
ecosystem

What exactly this all means, if it is indeed a shift away from the position
CC appears to have held previously, why it comes to light now and if it has
any relevance to the license change process for OSM I have no idea. But
perhaps we will find out more about this soon from CC as mlinksva mentioned
he wanted to follow up on these points publicly.

Their wiki page on version 4 ( http://wiki.creativecommons.org/Version_4 )
at least is still entirely empty. So it probably isn't anything around the
corner or of any certainty yet.

Kai
-- 
View this message in context: 
http://gis.638310.n2.nabble.com/LWN-article-on-license-change-and-Creative-Commons-tp5945925p5945925.html
Sent from the Legal Talk mailing list archive at Nabble.com.

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