Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-02 Thread Jukka Rahkonen
Simon Biber wrote:

 On Thu, 2 September, 2010 11:22:54 AM, andrzej zaborowski balrogg
 at gmail.com wrote:

 Besides, there's nothing in the Google Terms of Service which says
 you may not make use of the facts you learn by using this website.
 That'd just be silly. Not to mention unconscionable, and therefore
 unenforcible.

 Google does say that certain information displayed is proprietary 
 and may not be provided to others.

 any unauthorized copying or reproduction of the content in any form,
 or by any means, is not permitted

Did anybody read the discussion in
http://www.edparsons.com/2008/10/who-map-is-it-anyway/

The question was not about copying or reproducing  something that 
exists on a map. It was about using an existing map or satellite 
imagery for locating some new feature that does not appear on the map.
This is how the discussion started.

The question by Richard Fairhurst (2008 October 9)
Interesting (I know, I know, I should get a life). But if the nice chaps
at Richmond tell you there’s a recycling box at the corner of Park Lane
and Park Road, and you use Google (map or satellite) to determine that
said corner is at 51.425297,-0.334935, isn’t that a derivation?
Because it would be really, really cool if it wasn’t.

The answer by Ed Parsons (2008 October 9)
@ Richard,
OK so this is really cool then, as I can use Google maps to determine
the actual location, as it both does not occur on the original map or
at Richmond’s website. It is the product of my interpretation in this
case based on local knowledge and the imagery therefore it is not derived !

Niklas is having very analogous use case. He took a photo and he knows 
he was standing at the corner of Park Lane and Park Road. If he then
looks at Google maps and takes the coordinates for geotagging his photo,
Ed Parsons seems to think that the geolocation of the photo is not derived.



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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Jane Smith
On Tue, Aug 31, 2010 at 10:00 PM, Aun Yngve Johnsen
li...@gimnechiske.orgwrote:

 I believe if you are the owner of the data,


But what is an owner? Ownership is the lash of the bourgoise. What you own
is owned by us all. Properety is theft.

Therefore those who steel the map from us the mappers need to be brought to
heel and allow us, the real mappers, to own the data and stop this 'new
license'.




 you can put any license you care on it and liberate it for use with OSM
 regardless of chosen license. As long as you state in some way that the data
 is free for use within OSM or something.

 brgds
 Aun Johnsen




 On 31/08/2010, at 18:46, Niklas Cholmkvist wrote:

  Hello,

 When I map, sometimes I add sources to my contributions. It could be a
 bus route relation where I may add the GPS trace I took while riding the
 bus as the source for the route. Other times if I name a street I may
 use a geotagged/geolocated photo of the street sign as a source.(thus
 proving that the name is the same as the one shown on the street sign)
 In some cases where I want to fine-adjust the location of a geotagged
 photo using for example the rendered OSM Mapnik images, will part of my
 photo(or the photo in whole) become CC-BY-SA-2.0? (this question arised
 after I considered making all my geotagged -in EXIF- photos public
 domain CC-0-1.0-Universal)

 Another question about GPS traces: When I contribute to OpenStreetMap
 with my GPS traces which I upload, do they become available under any
 specific license or are they just uploaded? (if they are just uploaded
 then they are 'All Rights Reserved' apart from giving special permission
 to the OSM project to use them)

 Regards,

 Niklas
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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Jukka Rahkonen
Niklas Cholmkvist towardsoss at gmail.com writes:

 
 Hello,
 
 When I map, sometimes I add sources to my contributions. It could be a
 bus route relation where I may add the GPS trace I took while riding the
 bus as the source for the route. Other times if I name a street I may
 use a geotagged/geolocated photo of the street sign as a source.(thus
 proving that the name is the same as the one shown on the street sign) 
 In some cases where I want to fine-adjust the location of a geotagged
 photo using for example the rendered OSM Mapnik images, will part of my
 photo(or the photo in whole) become CC-BY-SA-2.0? (this question arised
 after I considered making all my geotagged -in EXIF- photos public
 domain CC-0-1.0-Universal) 

Hi,

If you do not want to start a new war, take the coordinates from Google
Earth/Maps.  Judged by the blog 
http://www.edparsons.com/2008/10/who-map-is-it-anyway/
Google will not rise a hullabaloo against you.  But if you want to have fun
check the coordinates from both OSM and Google (and Yahoo and Bing as well)
and use the average. 

-Jukka Rahkonen-


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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Niklas Cholmkvist
Hi,


 take the coordinates from Google
 Earth/Maps.
I will not. That is a non-free source, the same reason I do not
look/consider Wikimapia(google maps based) or any other proprietary
maps.
OSM may currently be the freest data collection that exists (since
CC-BY-SA-3.0 is legally invalid for OSM data according to Creative
Commons) or that will exist (since OSM will soon move to a legally valid
license). Not to worry though...

...because the simplest solution is to just leave my photos synchronised
with the gps traces and simply not fine-adjust them. Thus I can still
give them under CC-0-1.0-Universal . So I think I've got it clearer now
in my mind on what to do.
We use what we have.

Regards,

Niklas
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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 8:59 AM, Niklas Cholmkvist towards...@gmail.com wrote:
 Someone wrote:
 take the coordinates from Google
 Earth/Maps.
 I will not. That is a non-free source, the same reason I do not
 look/consider Wikimapia(google maps based) or any other proprietary
 maps.
 OSM may currently be the freest data collection that exists (since
 CC-BY-SA-3.0 is legally invalid for OSM data according to Creative
 Commons)

If OSM data is PD, then so is Google data.

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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread andrzej zaborowski
On 1 September 2010 17:40, Anthony o...@inbox.org wrote:
 On Wed, Sep 1, 2010 at 8:59 AM, Niklas Cholmkvist towards...@gmail.com 
 wrote:
 Someone wrote:
 take the coordinates from Google
 Earth/Maps.
 I will not. That is a non-free source, the same reason I do not
 look/consider Wikimapia(google maps based) or any other proprietary
 maps.
 OSM may currently be the freest data collection that exists (since
 CC-BY-SA-3.0 is legally invalid for OSM data according to Creative
 Commons)

 If OSM data is PD, then so is Google data.

I think the correct term is it's not protected by copyright, not sure
about PD.  But it may be protected by something else, like a contract.
 So even if it was PD you can't make use of this fact because as soon
as you visit google.com you may be bound by a contract.  If you use it
without being bound by a contract then (at least in theory) you
probably are taking advantage of someone breaching their contract with
google. (that's my understanding anyway)

Cheers

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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 9:25 PM, andrzej zaborowski balr...@gmail.com wrote:
 On 1 September 2010 17:40, Anthony o...@inbox.org wrote:
 On Wed, Sep 1, 2010 at 8:59 AM, Niklas Cholmkvist towards...@gmail.com 
 wrote:
 Someone wrote:
 take the coordinates from Google
 Earth/Maps.
 I will not. That is a non-free source, the same reason I do not
 look/consider Wikimapia(google maps based) or any other proprietary
 maps.
 OSM may currently be the freest data collection that exists (since
 CC-BY-SA-3.0 is legally invalid for OSM data according to Creative
 Commons)

 If OSM data is PD, then so is Google data.

 I think the correct term is it's not protected by copyright, not sure
 about PD.  But it may be protected by something else, like a contract.

Contracts can and do protect works that are public domain.  Just
because it's protected by a contract, that doesn't mean it's not
public domain.  I'd say PD is the right term.

 So even if it was PD you can't make use of this fact because as soon
 as you visit google.com you may be bound by a contract.  If you use it
 without being bound by a contract then (at least in theory) you
 probably are taking advantage of someone breaching their contract with
 google. (that's my understanding anyway)

There's nothing illegal about taking advantage of someone breaching
their contract.  There's tortious interference, but that requires
that you *induced* the breach, not merely took advantage of it.

Actually, in most jurisdictions, including mine, there's nothing
illegal (tortious or criminal) about breaching a contract with
Google either.

Besides, there's nothing in the Google Terms of Service which says
you may not make use of the facts you learn by using this website.
That'd just be silly.  Not to mention unconscionable, and therefore
unenforcible.

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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-09-01 Thread Simon Biber
On Thu, 2 September, 2010 11:22:54 AM, andrzej zaborowski balr...@gmail.com 
wrote:

 Besides, there's nothing in the Google Terms of Service which says you may 
 not 
make use of the facts you learn by using this website. That'd just be silly.  
Not to mention unconscionable, and therefore unenforcible.

Google does say that certain information displayed is proprietary and may not 
be 
provided to others.

any unauthorized copying or reproduction of the content in any form, or by any 
means, is not permitted

You may not attempt to reverse engineer any output that would allow the 
recreation of any digital mapping data, including but not limited to any form 
of 
geocodes.

you may not distribute, sell, rent, sublicense, or lease such information, in 
whole or in part to any third party; and you will not make such information 
available in whole or in part to any other user in any networked or 
time-sharing 
environment, or transfer the information in whole or in part to any computer 
other than the PC used to access this information

Source: http://www.google.com/intl/en-us/help/legalnotices_maps.html


  

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[OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-08-31 Thread Niklas Cholmkvist
Hello,

When I map, sometimes I add sources to my contributions. It could be a
bus route relation where I may add the GPS trace I took while riding the
bus as the source for the route. Other times if I name a street I may
use a geotagged/geolocated photo of the street sign as a source.(thus
proving that the name is the same as the one shown on the street sign) 
In some cases where I want to fine-adjust the location of a geotagged
photo using for example the rendered OSM Mapnik images, will part of my
photo(or the photo in whole) become CC-BY-SA-2.0? (this question arised
after I considered making all my geotagged -in EXIF- photos public
domain CC-0-1.0-Universal) 

Another question about GPS traces: When I contribute to OpenStreetMap
with my GPS traces which I upload, do they become available under any
specific license or are they just uploaded? (if they are just uploaded
then they are 'All Rights Reserved' apart from giving special permission
to the OSM project to use them)

Regards,

Niklas
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Re: [OSM-talk] Can OSM sources be public domain CC-0(zero)?

2010-08-31 Thread Aun Yngve Johnsen
I believe if you are the owner of the data, you can put any license  
you care on it and liberate it for use with OSM regardless of chosen  
license. As long as you state in some way that the data is free for  
use within OSM or something.


brgds
Aun Johnsen



On 31/08/2010, at 18:46, Niklas Cholmkvist wrote:


Hello,

When I map, sometimes I add sources to my contributions. It could be a
bus route relation where I may add the GPS trace I took while riding  
the

bus as the source for the route. Other times if I name a street I may
use a geotagged/geolocated photo of the street sign as a source.(thus
proving that the name is the same as the one shown on the street sign)
In some cases where I want to fine-adjust the location of a geotagged
photo using for example the rendered OSM Mapnik images, will part of  
my
photo(or the photo in whole) become CC-BY-SA-2.0? (this question  
arised

after I considered making all my geotagged -in EXIF- photos public
domain CC-0-1.0-Universal)

Another question about GPS traces: When I contribute to OpenStreetMap
with my GPS traces which I upload, do they become available under any
specific license or are they just uploaded? (if they are just uploaded
then they are 'All Rights Reserved' apart from giving special  
permission

to the OSM project to use them)

Regards,

Niklas
--

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