Re: [OSM-legal-talk] Private negotiations

2011-06-09 Thread Frederik Ramm

Hi,

Richard Fairhurst wrote:

CONDITIONS FOR TIMSC TO RELICENSE HIS DATA (Version 1)


This is an interesting document and the first time that I have seen 
*anybody*, including past and present members of OSMF board, draft such 
a detailed code of conduct if you will.


There are some ideas in there that I would agreee with, maybe in a 
slightly softer wording, and I would hope that TimSC either stands for 
election to the board or becomes a member of the AoA group that is also 
trying to lay down some rules for the future of OSMF.


It is unfortunate that TimSC tries to make OSMF reform a condition of 
his agreement to relicense his contribution. This is of course totally 
out of the question, and it is sad because even the good ideas in the 
document are tarnished by this attempt at coercion. One could almost say 
that now, even if OSMF were to implement some of the usable ideas in 
that document, they would forever have to defend themselves against the 
notion that they sold out just to keep a minuscle amount of data (data 
that is, if RichardF is to be believed, not even universally welcomed by 
other mappers on the ground).


I suggest that TimSC's attempt at negotiation be categorically 
rejected without further ado; he should be treated exactly the same as 
any other mapper and if he doesn't reconsider then his contributions 
will have to be removed and, where desirable, remapped. No single 
individual can possibly have made a contribution that should allow them 
to, without even being elected, exert such influence on OSMF.


(If TimSC is granted special treatment because of his personal 
contribution, then what even more special treatment would we have to 
afford entities like AND, Yahoo, or Bing who have done a lot for us?)


At the same time, and even though this may sound conflicting, an effort 
should be made to involve TimSC in AoA discussions, or he should be 
encouraged to stand for election to the board, because see first two 
paragraphs.


Bye
Frederik

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

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-09 Thread Andrew
Frederik Ramm frederik@... writes:

 
 I suggest that TimSC's attempt at negotiation be categorically 
 rejected without further ado; he should be treated exactly the same as 
 any other mapper and if he doesn't reconsider then his contributions 
 will have to be removed and, where desirable, remapped. No single 
 individual can possibly have made a contribution that should allow them 
 to, without even being elected, exert such influence on OSMF.
 

I live and map in London and some of my contributions would be flushed down 
the pan if Tim declines to relicense. I agree completely with Frederik.

--
Andrew


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations.

2011-06-09 Thread ce-test, qualified testing bv - Gert Gremmen
The problems with the CC-BY-SA license are fully hypothetical,
as there have been no real life problems.
There have been some hesitations at commercial users of OSM data
 with the Share Alike part, but OSM is not bound to enforce the SA part
of the current license either, so we could just allow them to
use data without SA. I do not feel any particular sympathy 
for the commercial users of our data to the extent that
we need to jeopardize OSM just for their interests.


My sympathy is with those who do not have
access to data, such as in emergency situations. OSM was best in Haiti.

No real problem has occurred with CC-BY-SA, and no
initiative has done more harm to OSM in history than then the insisted
proposal to change the license (-that-does-not-fit-:CC-BY-SA)
to (-the-license-that-cannot-be-enforced-:ODBL)
by (-the-people-that-do-not-own-OSM-).

OSMF is playing a legal game with the interest of the community.


Since months a lot of active mappers have stopped contributing
just because of uncertainty about their data.

Some of us try to minimize the number of refused CT (about 400)
but I have the strong feeling that those are mainly found in the old
core
of the first 1000 of OSM mappers, the founders that were interested in
real free data.  The 102000 new signups that agreed with the CT
probably just signed (but I cannot prove that) because they were not
given a choice, nor knew
about the history of OSM, and signed a CT just as they sign one upon
installing a new piece of shareware / i-don't-care-ware.

I almost fully support the reasoning of TIM, just do not
understand why he tried this in private. He must have his reasons.

Over all, the procedures of the introduction of ODBL and CT have a
strong smell of -this-must-happen-regardless-what-and-who,
without anyone mad really clear why this is absolutely necessary.


Gert

-Oorspronkelijk bericht-
Van: Rob Myers [mailto:r...@robmyers.org] 
Verzonden: donderdag 9 juni 2011 19:30
Aan: legal-talk@openstreetmap.org
Onderwerp: Re: [OSM-legal-talk] Private negotiations.

On 09/06/11 18:18, Nakor Osm wrote:

 This is wrong: remove the CTs and leave the database licensed as it is
 today and no data needs to be removed.

The license today has problems. Both the license and the way that the 
license is chosen need to change.

- Rob.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations.

2011-06-09 Thread Richard Fairhurst
Gert Gremmen wrote:
 Some of us try to minimize the number of refused CT (about 
 400) but I have the strong feeling that those are mainly found 
 in the old core of the first 1000 of OSM mappers, the founders 
 that were interested in real free data.

Wut?

AFAIK the three contributors with the longest continuous pedigree in OSM
(going by mailing list postings) are Steve, Matt and me, in that order. All
three support ODbL+CT.

Of the 397 people who have declined ODbL+CT, only two are within the first
1000 user ids.

cheers
Richard



--
View this message in context: 
http://gis.638310.n2.nabble.com/OSM-legal-talk-Private-negotiations-tp6457543p6460059.html
Sent from the Legal Talk mailing list archive at Nabble.com.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-08 Thread Quintin Driver
Richard, have you or any of the LWG members done any work for MapQuest,
Skobbler and / or Cloudmade ?

--
I'm led to believe that people have been issuing LWG with private lists of
demands that they want met before they will consent to ODbL+CT.

Could I ask that said people have the courtesy to post their demands here,
too? It would be a shame if the suspicion arose that the process is being
swayed by closed demands. LWG does of course publish minutes, as is right
and proper, but there is currently no requirement for those writing to it to
disclose their own demands.

cheers
Richard
___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-08 Thread Jim Brown
Let's be clear that Cloudmade have not been in any private discussions, nor 
made any demands of OSMF or the lwg.

We support odbl and I think most (if not all) of us have accepted the new cts.

I'd be curious where this came from.

Jim Brown -CTO CloudMade

(Sent from my iPhone)
+44 7595 367 664

On 8 Jun 2011, at 10:49, Quintin Driver quentindrive...@gmail.com wrote:

 Richard, have you or any of the LWG members done any work for MapQuest, 
 Skobbler and / or Cloudmade ?
 
 --
 I'm led to believe that people have been issuing LWG with private lists of 
 demands that they want met before they will consent to ODbL+CT. 
 
 Could I ask that said people have the courtesy to post their demands here, 
 too? It would be a shame if the suspicion arose that the process is being 
 swayed by closed demands. LWG does of course publish minutes, as is right and 
 proper, but there is currently no requirement for those writing to it to 
 disclose their own demands. 
 
 cheers 
 Richard 
 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 http://lists.openstreetmap.org/listinfo/legal-talk

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-08 Thread Richard Fairhurst
Quintin Driver wrote:
 Richard, have you or any of the LWG members done any work for MapQuest,
 Skobbler and / or Cloudmade ?

Wow. I'm not an LWG member and I've never done any work for MapQuest,
Skobbler and/or CloudMade. 

Where on earth did that come from and what on earth has it got to do with
this thread?

cheers
Richard



--
View this message in context: 
http://gis.638310.n2.nabble.com/OSM-legal-talk-Private-negotiations-tp6451139p6453054.html
Sent from the Legal Talk mailing list archive at Nabble.com.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-08 Thread Grant Slater
On 8 June 2011 10:49, Quintin Driver quentindrive...@gmail.com wrote:
 Richard, have you or any of the LWG members done any work for MapQuest,
 Skobbler and / or Cloudmade ?


Richard Fairhurst is not a member of the LWG or the OSMF Board. He was
a member of 2007 OSMF Board.

Skobbler, Cloudmade and MapQuest have not had any private discussion
with the LWG.
Microsoft/Bing had a few questions concerning the ODbL in 2010. See
the minutes tagged with Microsoft/Bing here:
http://www.osmfoundation.org/wiki/Working_Group_Minutes#License_Working_Group

LWG is made up of:
 - Henk Hoff - http://www.osmfoundation.org/wiki/Board_Member_Bios
 - Grant Slater (me) - Non GIS field
 - Michael Collinson - Non GIS field. Former board member.
http://www.osmfoundation.org/index.php?title=Board_Member_Biosoldid=392
 - Steve Coast - Resigned Cloudmade 2010. Employee @ Bing.
http://www.osmfoundation.org/wiki/Board_Member_Bios
 - Richard Weait - Resigned CloudMade 2009. Private contractor

Former LWG members
 - Matt Amos - Retrenched from CloudMade 2009, MapQuest current.
 - Mikel Maron - http://www.osmfoundation.org/wiki/Board_Member_Bios
 - Jordan Hatcher - Invited expert from Open Data Commons

/ Grant

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Private negotiations

2011-06-08 Thread TimSC

Quoting Richard Fairhurst rich...@systemed.net:

I'm led to believe that people have been issuing LWG with private 
lists of demands that they want met before they will consent to ODbL+CT.


Yes, I attended to previous LWG teleconference and I asked for LWG, as a 
committee, to enter into direct negotiations with me, an individual 
mapper. The draft minutes are online [1]. I argued that since LWG were 
asking something of me (to accept the CTs), that it would be fair if 
they provide some things I want. (This logic was a pretext, to my mind. 
The LWG should be routinely influenced by the community, and therefore 
me, so my conditions shouldn't even be necessary.) They agreed to take a 
look at my list of conditions and that they did not have any objection 
to entering into a discussion.


I tried to outline my conditions but it a long and detailed list. They 
fall into three broad themes: increase in the involvement of mapping 
contributors in OSM decisions, the role of OSMF and licensing issues. I 
have abandoned trying to talk OSMF out of ODbL adoption. I am looking to 
the future and trying to influence the future direction of OSM. My 
future involvement in OSM depends on how OSMF evolves - but that is true 
for everyone. I will probably have at least some involvement even my 
worst case scenario - I want to be involved though.


But I can't in good conscience give my enthusiastic support to a body 
that I feel doesn't listen to me... or rather they DO listen to me but I 
am doubtful if I have any influence at all. Previously, I have put 
forward my arguments on the mailing list and this doesn't seem to be 
effective. I have tried other means. My personal negotiation to the LWG 
is a new approach for me.


BTW, OSMF and its committees are all very hard working and I believe 
have the best intentions. Thanks for the countless hours of work guys! 
But I am trying to influence them too because I disagree with some of 
their decisions and policies.


I am unsure to what extent this negotiation will be make public. I am 
hopefully talking to Henk in the next few days and I might have some 
idea then. If you were to ask anyone in the LWG for what I have 
requested, there is no prohibition with them sharing it with you. I 
would discourage it though and I would however be slow to distribute it 
myself, because the result would be loss of my time for no real gain to 
anyone. The conclusion of the negotiation will almost certainly be public.




Could I ask that said people have the courtesy to post their demands 
here, too?


As far as I am concerned, I, as an individual, am having a negotiation 
with LWG/OSMF. Although it is not secret by any means, I am not sure 
there is much of a benefit to gain by posting this on this mailing list. 
All the ideas have previously been discussed on the mailing lists - to 
no avail. It has consumed a great deal of my time and yours too, 
probably. For me, the mailing list is a forum where we, the community, 
can collectively discuss issues. Just from that, it doesn't necessarily 
follow that we should have every external interaction with OSMF 
documented on the mailing lists.


This doesn't mean I think the community should be cut out of decision 
making - in fact I believe the opposite. I am sorry if the community 
thinks I am circumventing them to control OSM. But I am not taking any 
decisions on behalf of the community and I feel like I don't have much 
influence anyway. The LWG and OSMF seem to be making the decisions. You 
should talk to them if you want to be involved in the future of OSM - 
and that is what I am trying to do. In a way, I am in agreement that it 
is disturbing that a very obscure discussion could take place and OSMF 
(in the best interests of the project) was to take a decision based on 
it without consulting the community. But this IS how OSM operates. The 
solution is not to move every discussion into a public forum, but to 
move the decision making process to the public forum.


It would be a shame if the suspicion arose that the process is being 
swayed by closed demands.


For me, that sounds like a potential problem with the way decisions are 
made in OSM, not a problem with the possibility of secret/closed/obscure 
communication between people inside and outside OSMF. The possibility of 
secret conversations cannot be eliminated. But we can try to make the 
final decision making process open - I think we can do better than we 
currently do.


I have a feeling I will be accused of being cryptic. I have tried to 
explain my actions as best as I can.


Regards,

TimSC

[1] https://docs.google.com/View?id=dd9g3qjp_119fr26kqdz

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk