Re: [OSM-legal-talk] A license bot that has produced too many errors

2012-07-17 Thread Simon Poole

Am 17.07.2012 13:01, schrieb fk270...@fantasymail.de:
 The detrimental license bot now has reached Germany and promptly left a lot 
 of errors here.

 Let's just look at one city, Göttingen in Northern Germany, where I have 
 contacted some undecided users, so I have some knowledge about pre-bot 
 history. 

 There are so many errors with severe legal implications,
Ok... lets see:


  so I would like to publish them on the legal-talk list. Their manipulated 
 history is such a heavy infringement of Creative Commons license that even an 
 agreer could easily sue the OSMF if he was willing to waste time and money on 
 a senseless trial. Let me show the examples:

 - agreeing mapper's node disappeared
 http://osm.mapki.com/history/node.php?id=60580009

No legal implication.

 Version 3 of this node (51.5400973, 9.9564636) was last edited by agreeing 
 user Sasude. By removing this precisely located node, an intersection of four 
 streets was destroyed.

 - street has disappeared completely

 The southern part of Dahlmannstraße with bus route No. 6 has disappeared 
 completely though it was last edited by agreers.

 - intersections were cut off
 - ODbL history ignores agreeing users
 http://osm.mapki.com/history/way.php?id=8091768

No legal implication.


 Both intersections were cut off though these nodes were last edited by an 
 agreer.
 Undediced mapper Hotte Degoe has created an empty line without any tags. All 
 tags were added by agreeing users, all points have been moved by agreeing 
 users as well.
 Only v1 should be hidden, all other versions by agreeing mappers should be 
 visible.
No legal implication.
 - decliner included in ODbL history
 http://osm.mapki.com/history/way.php?id=60922724

 Lobelt has declined the new contributor terms so far mainly for political 
 reasons, but he still appears in the clean ODbL history because he has 
 removed a senseless tag. Removing a tag does not constitute a copyright, but 
 mentioning him in the history is an infringement of moral rights.
 v2 should be hidden.
Why would -mentioning- him be an infringement of moral rights, if at all
it would be the other way around. No legal implication.
 - OSMF Redaction Account claims to be the only author
 http://osm.mapki.com/history/way.php?id=8573909

 Since the OSMF Redaction Account did not create any way, he cannot pretend to 
 be the author of any way. This pretense is illegal according to Creative 
 Commons and rude though legal according to new ODbL license.
 At least some human users should appear in the history.

 - ODbL history ignores too many agreeing users (2nd example)
 http://osm.mapki.com/history/way.php?id=8094092
 Undediced mapper Hotte Degoe has created an empty line without any tags. All 
 tags were added by agreeing users, all points have been moved by agreeing 
 users as well.
 Only v1 should be hidden, all other versions by agreeing mappers should be 
 visible.

Currently edits by agreeing users that would expose material by a
non-agreeing user are not displayed by the API/GUI. All users that have
agreed to the CTs have agreed to bulk attribution, no material from
non-agreeing users has been used (exception trivial edits that are
attributed as you note). No legal implication.

 These seven examples are quite simple cases without any complications. I am 
 sure that some of you will be able to find many more examples where the bot 
 has made severe errors.

Well up to now you have not found a single case with an error..

Simon




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Re: [OSM-legal-talk] A license bot that has produced too many errors

2012-07-17 Thread Frederik Ramm

Hi,

On 07/17/2012 01:01 PM, fk270...@fantasymail.de wrote:

- agreeing mapper's node disappeared
http://osm.mapki.com/history/node.php?id=60580009

Version 3 of this node (51.5400973, 9.9564636) was last edited by
agreeing user Sasude. By removing this precisely located node, an
intersection of four streets was destroyed.


I see no legal implication here.


- street has disappeared completely

The southern part of Dahlmannstraße with bus route No. 6 has
disappeared completely though it was last edited by agreers.


No legal implication either.


- intersections were cut off - ODbL history ignores agreeing users
http://osm.mapki.com/history/way.php?id=8091768

Both intersections were cut off though these nodes were last edited
by an agreer. Undediced mapper Hotte Degoe has created an empty line
without any tags. All tags were added by agreeing users, all points
have been moved by agreeing users as well. Only v1 should be hidden,
all other versions by agreeing mappers should be visible.


Only the tags of the additional versions could be shown; not the 
geometry. But I agree with you that it would be desirable to actually 
show the names of the participating mappers even if we cannot list 
details of their work. This is why we're making a distinction between 
Redaction 2 and Redaction 1. We plan to list basic meta data for 
Redaction 2 type events, see also: 
http://www.openstreetmap.org/redactions/2



- decliner included in ODbL history
http://osm.mapki.com/history/way.php?id=60922724

Lobelt has declined the new contributor terms so far mainly for
political reasons, but he still appears in the clean ODbL history
because he has removed a senseless tag. Removing a tag does not
constitute a copyright, but mentioning him in the history is an
infringement of moral rights.


No it isn't.


- OSMF Redaction Account claims to be the only author
http://osm.mapki.com/history/way.php?id=8573909

Since the OSMF Redaction Account did not create any way, he cannot
pretend to be the author of any way.


It doesn't. You are just reading it wrong, or looking at the wrong web 
page. Compare: http://www.openstreetmap.org/browse/way/8573909/history



- ODbL history ignores too many agreeing users (2nd example)
http://osm.mapki.com/history/way.php?id=8094092 Undediced mapper
Hotte Degoe has created an empty line without any tags. All tags were
added by agreeing users, all points have been moved by agreeing users
as well. Only v1 should be hidden, all other versions by agreeing
mappers should be visible.


The bot always considers a node membership in a way to be copyrightable, 
no matter if that node has been moved or not. Had you thought about this 
earlier and contributed a test case - or even taken part in the 
constructive discussion - then maybe this could have been done differently.



These seven examples are quite simple cases without any
complications. I am sure that some of you will be able to find many
more examples where the bot has made severe errors.


None of these errors are severe, and none have any legal implications 
that I can see.



- OSMI should not ignore bot deletions Streets destroyed by the bot
(e.g. Dahlmannstraße in Göttingen) disappear on OSMI, so there is no
chance to check what the bot has destroyed, and why he did so.


I'm sure we'll find a good way of displaying bot edits. I made a post 
about this on the dev list. Simply showing all bot deletions is not very 
helpful though, because there is no way to get rid of such markings even 
if the deleted data has long been replaced.


I object to your choice of the word destroyed a street. The bot does 
not destroy streets. It just prevents data from being published.



Hiding versions may be considered as breech of
Creative Commons license,


See above remark about Redaction 1/Redaction 2. If you have any 
Rails skills then your help is certainly welcome.


Bye
Frederik

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



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