Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Rob Myers

On 09/30/2010 05:01 AM, John Smith wrote:

On 30 September 2010 06:34, Frederik Rammfrede...@remote.org  wrote:

This is about the ODbL being adopted by others, thus showing that it is not
just OSM who believe that it is good.


What about Ed's question, regardless if the information is useful for
OSM or not, could it be imported into OSM?


That kind of comment is just a distraction from the real issue, that 
people are adopting the ODbL.


- Rob.

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Andrew Harvey
On Thu, Sep 30, 2010 at 7:01 PM, John Smith deltafoxtrot...@gmail.com wrote:
 Which is exactly the point, unless ODBL data can be imported (or
 traced or ) it makes little difference to me what license they are
 using, it certainly doesn't prove that it is more useful in a court of
 law that cc-by-sa.

 As others have pointed out, it almost seems self defeating using a
 share a like license if improvements to the data can't then be used in
 the OSM DB.

+1
That is a very good point.

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Ed Avis
Let me explain a little more why I think the question of 'could this data be
added to OSM?' is relevant.

As I see it, one intention of the ODbL, and other copyleft licences such as
CC-BY-SA or the GPL, is to form a 'commons' where different works can be 
combined
and mixed.  In the case of the ODbL the aim is to make sure data and databases
can be reused and combined.  This is explained in the Open Data Commons site
at http://www.opendatacommons.org/faq/:

It's crucial because open data is so much easier to break-up and recombine, to
use and reuse. We therefore want people to have incentives to make their data
open and for open data to be easily usable and reusable — i.e. for open data to
form a 'commons'.  A good definition of openness acts as a standard that 
ensures
different open datasets are 'interoperable' and therefore do form a commons.

Similar reasoning underpins the CC share-alike licences and the GPL.

However, under the proposed licence change and contributor terms, OSM would not
be able to participate fully in this commons.  Although the ODbL would allow
others to take the OSM data and combine it with other ODbL or 
permissive-licensed
data sources, the OSM project could not do likewise.  Without extra permission,
we could not incorporate ODbL data into our map, even if it had been derived 
from
OSM in the first place.

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


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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Richard Fairhurst

Ed Avis wrote:
 However, under the proposed licence change and contributor terms, OSM
 would 
 not be able to participate fully in this commons.  Although the ODbL would 
 allow others to take the OSM data and combine it with other ODbL or
 permissive-
 licensed data sources, the OSM project could not do likewise.

The Contributor Terms are the _standard_ agreement between contributors and
OSMF.

But they do not have to be the only agreement. There is nothing to stop OSMF
itself adding data outwith the CTs; or coming to different agreements with
individual contributors; or adding easements to the CTs for all
contributors using particular data sources.

(Reply merely for info, I'm not a huge fan of the CTs.)

cheers
Richard


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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread John Smith
On 30 September 2010 21:51, Richard Fairhurst rich...@systemed.net wrote:
 The Contributor Terms are the _standard_ agreement between contributors and
 OSMF.

I can't be bothered searching for it and I'm paraphrasing, but
Frederik posted to one of these lists that it was only likely 2 or 3
exemptions to the CTs would be given, perhaps 10 at most world wide.

So while you are correct, it's already clearly outlined that some
aren't fond of anything but the CTs.

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Ed Avis
Richard Fairhurst rich...@... writes:

Although the ODbL would allow others to take the OSM data and combine it with
other ODbL or permissive-licensed data sources, the OSM project could not do
likewise.
 
The Contributor Terms are the _standard_ agreement between contributors and
OSMF.
 
But they do not have to be the only agreement. There is nothing to stop OSMF
itself adding data outwith the CTs; or coming to different agreements with
individual contributors; or adding easements to the CTs for all
contributors using particular data sources.

Yes, indeed, the standard solution to any difficulty seems to be 'grant extra
powers to the OSMF that ordinary contributors don't have'.  Sigh...

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


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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Rob Myers

On 09/30/2010 01:06 PM, John Smith wrote:


GPL started because Richard
Stallman shared code with a company and they refused to share the
changes back.


I assume you're referring to the Lisp Machine Wars. The company was 
Symbolics. Their appropriation of AI Lab code was the latest symptom of 
the general problem that companies were removing the freedom of software 
users rather than the problem in itself.


GNU was started to tackle that general problem.

The GPL was written some time later, based on the Emacs licence.

And, as I say, not all GPL licenced code is grabbed by GNU.

- Rob.

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Rob Myers

On 09/30/2010 01:43 PM, John Smith wrote:

On 30 September 2010 22:32, Rob Myersr...@robmyers.org  wrote:

And, as I say, not all GPL licenced code is grabbed by GNU.


Maybe so, but they have the option to accept it, the CT will basically
reject everything, regardless of how much it is likely to improve the
data set...


GNU has its own CTs. You have to sign a copyright assignment and get 
your employer to sign a waiver otherwise they won't accept the code.


The CTs won't reject everything. Just those institutional data sets 
that cannot be accommodated.


- Rob.

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Ed Avis
Out of interest has anyone asked the Open Data Commons people (or person) for
their opinion on the proposed contributor terms?  I know the ODbL licence was
developed jointly with them but I imagine the CTs were not.

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


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Re: [OSM-legal-talk] Usage of ODbL

2010-09-29 Thread Ed Avis
Emilie Laffray emilie.laff...@... writes:

Hello,just a quick note to mention that two different legal entities in very
different places in the world just adopted ODbL as their preferred
licenses:

Thanks for the note.  The first of these, DataPlace, seems to want a permissive
attribution-only licence (we’ve taken an important step to make these data
freely available for any use, anywhere, in any application, commercial or 
public,
as long as that use attributes DataPlace) so it's not clear why they have
chosen the strong-copyleft ODbL.

Under the proposed contributor terms, would OSM be able to import or use any
data from these ODbL-covered data releases?

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


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Re: [OSM-legal-talk] Usage of ODbL

2010-09-29 Thread John Smith
On 30 September 2010 06:34, Frederik Ramm frede...@remote.org wrote:
 This is about the ODbL being adopted by others, thus showing that it is not
 just OSM who believe that it is good.

What about Ed's question, regardless if the information is useful for
OSM or not, could it be imported into OSM?

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