[OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread davespod
http://www.pocketgpsworld.com/Navigon-Add-22-Million-POIs-To-SatNav-Devices--1060.php

An interesting development. If I understand things correctly (and assuming
CC-by-SA holds water for data), they can charge for these derived data sets,
but they would still have to be CC-by-SA, and so anyone who bought one could
then redistribute without charge. Does that sound right?

David

P.S. If they have de-duplicated these, as they claim, perhaps it is worth
getting our hands on as a resource for cleaning up the database...


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Re: [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Borbus
On 14/06/11 13:29, davespod wrote:
 If I understand things correctly (and assuming
 CC-by-SA holds water for data), they can charge for these derived data sets,
 but they would still have to be CC-by-SA, and so anyone who bought one could
 then redistribute without charge. Does that sound right?

Yeah, that sounds right.

 P.S. If they have de-duplicated these, as they claim, perhaps it is worth
 getting our hands on as a resource for cleaning up the database...

Anyone who pays to get the set off them receives it under CC-by-SA (or
similar) and therefore the data can be contributed back to OSM,
attributed to them of course.

-- 
Borbus.

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Re: [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Serge Wroclawski
That's correct.

You can sell a product based on a CC-BY-SA work, but the terms of
distribution must remain the same. So as in your example, they could
sell the product, but then you can turn around and give it away.

There's also protection in the CC-BY-SA against DRM:
http://wiki.creativecommons.org/Frequently_Asked_Questions#What_happens_if_someone_tries_to_restrict_a_CC-licensed_work_with_digital_rights_management_.28DRM.29_tools.3F

In this case, I have a few thoughts, and I'm sure the people on legal@
have some more complete views than I do off the cuff...

1. Where is the line for derived work. If I'm a customer of this
product, am I seeing aggregate work of OSM and non-OSM POIs? If that's
the case, I'd think that'd be explicitly not allowed.

2. The OSM license only dictates the data not the software. So in this
case, while we can accept the data and re-distribute it, we cannot
effect the service itself. In other words, we can't decide that we
want Navigon to work differently than it does, and accept any data
file we want. This is where the issues get a bit gray. The license
can't dictate the use of the software or the service, except in the
case of the DRM, where DRM violates the license.

Now for my own opinion

This is where the community has an understandable split. Some in the
community want the OSM data to be as unrestricted in use as possible.
They'd like it to be under Public Domain (even though that's
impossible), or the closest that they can manage.

Others, like myself, don't, and see this as an interesting test case.
How will Navigon work with OSM to distribute OSM data in such a way
that does not violate either the letter or the spirit of the license?

The ODbL would make some of this much easier. If the work were ODbL
now, any DRMed distribution of the work would require the company to
distribute a non-DRM version. In my view, the correct logcial step is,
as done in the GPLv3, require that if they're DRMing the work, that
they are required to distribute the keys to the DRM to allow the
product owner to be able to insert their own data instead.

That's my .02.

- Serge

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Re: [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Jonas Krückel

Am 14.06.2011 um 14:29 schrieb davespod:

 http://www.pocketgpsworld.com/Navigon-Add-22-Million-POIs-To-SatNav-Devices--1060.php
 
 An interesting development. If I understand things correctly (and assuming
 CC-by-SA holds water for data), they can charge for these derived data sets,
 but they would still have to be CC-by-SA, and so anyone who bought one could
 then redistribute without charge. Does that sound right?

A note on this one for everyone not reading talk-de [1]:

Ulf Möller, who has been a member of the OSMF Board and is part of the LWG, had 
been given a test device by Navigon in order to check for correct attribution.
He was also asked by Navigon to distribute a text file [2] to the community 
which contains some basic information about how Navigon processes the data, 
links to download the packages for free (CC-BY-SA compliance AFAIK) and also 
instructions on how to install these files on a device.

 
 P.S. If they have de-duplicated these, as they claim, perhaps it is worth
 getting our hands on as a resource for cleaning up the database...
 

Well, it would be nice and we could certainly ask for it, but with CC-BY-SA 
only the end product falls under the license and not the processed data in 
between. Once we move on to ODbL however, this will change and we will get the 
much more interesting 'raw' data.

-- Jonas

[1] http://lists.openstreetmap.org/pipermail/talk-de/2011-June/086724.html
[2] 
http://lists.openstreetmap.org/pipermail/talk-de/attachments/20110612/4c4e868d/attachment.txt___
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Re: [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread andrzej zaborowski
Hi,

On 14 June 2011 15:29, Jonas Krückel jona...@googlemail.com wrote:

 Am 14.06.2011 um 14:29 schrieb davespod:

 http://www.pocketgpsworld.com/Navigon-Add-22-Million-POIs-To-SatNav-Devices--1060.php

 An interesting development. If I understand things correctly (and assuming
 CC-by-SA holds water for data), they can charge for these derived data sets,
 but they would still have to be CC-by-SA, and so anyone who bought one could
 then redistribute without charge. Does that sound right?

 A note on this one for everyone not reading talk-de [1]:
 Ulf Möller, who has been a member of the OSMF Board and is part of the LWG,
 had been given a test device by Navigon in order to check for correct
 attribution.
 He was also asked by Navigon to distribute a text file [2] to the community
 which contains some basic information about how Navigon processes the data,
 links to download the packages for free (CC-BY-SA compliance AFAIK) and also
 instructions on how to install these files on a device.

 P.S. If they have de-duplicated these, as they claim, perhaps it is worth
 getting our hands on as a resource for cleaning up the database...


 Well, it would be nice and we could certainly ask for it, but with CC-BY-SA
 only the end product falls under the license and not the processed data in
 between.

Are you sure?  If we manage to extract the processed data, it'll be
derived from either the end product or OSM or both, so it needs to be
CC-By-SA too and there's no way around it.

 Once we move on to ODbL however, this will change and we will get
 the much more interesting 'raw' data.

Which we can't re-use in OSM however.

Someone on IRC mentioned that the situation would be clearer under
ODbL, too, but I think this is a false positive.  Additionally with
ODbL Navigon may take the position that they made a produced work.

Cheers

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Re: [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Jonas Krückel

Am 14.06.2011 um 15:43 schrieb andrzej zaborowski:

 Hi,
 
 On 14 June 2011 15:29, Jonas Krückel jona...@googlemail.com wrote:
 
 Am 14.06.2011 um 14:29 schrieb davespod:
 
 Well, it would be nice and we could certainly ask for it, but with CC-BY-SA
 only the end product falls under the license and not the processed data in
 between.
 
 Are you sure?  If we manage to extract the processed data, it'll be
 derived from either the end product or OSM or both, so it needs to be
 CC-By-SA too and there's no way around it.

Yes, that's right. What I was trying to say is, that they only need to release 
the end product under CC-BY-SA and don't have to _provide_ any data sets from 
in between.

 
 Once we move on to ODbL however, this will change and we will get
 the much more interesting 'raw' data.
 
 Which we can't re-use in OSM however.

Maybe you should explain why not, because from my understanding this data would 
be in an OSM compatible license because of the share-a-like aspect of ODbL [1].

 
 Someone on IRC mentioned that the situation would be clearer under
 ODbL, too, but I think this is a false positive.  Additionally with
 ODbL Navigon may take the position that they made a produced work.

Yes, their POI packages maybe produced work and could be proprietary, but they 
would still have to release the processed OSM data from in between, which as I 
stated above might be more interesting to us.

All that is only on how I understand the license and I'm not an expert on this. 
Also, I think it would be appropriate to continue this discussion on legal-talk.

-- Jonas

[1] http://www.opendatacommons.org/licenses/odbl/summary/___
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Re: [OSM-legal-talk] [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread andrzej zaborowski
On 14 June 2011 15:51, Jonas Krückel jona...@googlemail.com wrote:
 Am 14.06.2011 um 15:43 schrieb andrzej zaborowski:
 On 14 June 2011 15:29, Jonas Krückel jona...@googlemail.com wrote:
 Once we move on to ODbL however, this will change and we will get
 the much more interesting 'raw' data.

 Which we can't re-use in OSM however.

 Maybe you should explain why not, because from my understanding this data
 would be in an OSM compatible license because of the share-a-like aspect of
 ODbL [1].

That means we can mix it with OSM, but not contribute it back to OSM
because the new contributor terms don't allow using ODbL licensed
data.


 Someone on IRC mentioned that the situation would be clearer under
 ODbL, too, but I think this is a false positive.  Additionally with
 ODbL Navigon may take the position that they made a produced work.

 Yes, their POI packages maybe produced work and could be proprietary, but
 they would still have to release the processed OSM data from in between,
 which as I stated above might be more interesting to us.
 All that is only on how I understand the license and I'm not an expert on
 this.

I'm not an expert either, perhaps you're right they'd have to release
the processed data.

 Also, I think it would be appropriate to continue this discussion on
 legal-talk.

Ok.

Cheers

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Re: [OSM-legal-talk] [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Richard Fairhurst
andrzej zaborowski wrote:
 That means we can mix it with OSM, but not contribute it back to 
 OSM because the new contributor terms don't allow using ODbL 
 licensed data.

The standard Contributor Terms don't have to be the only Contributor Terms.

cheers
Richard



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Re: [OSM-legal-talk] [OSM-talk] Navigon to Sell OpenStreetMap POIs Packages for PNDs

2011-06-14 Thread Rob Myers
On 14/06/11 15:03, Richard Fairhurst wrote:
 andrzej zaborowski wrote:
 That means we can mix it with OSM, but not contribute it back to 
 OSM because the new contributor terms don't allow using ODbL 
 licensed data.
 
 The standard Contributor Terms don't have to be the only Contributor Terms.

But it helps. ;-)

- Rob.



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