Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-12 Thread Ted Mielczarek
On Sun, May 4, 2008 at 2:21 PM, Ari Torhamo <[EMAIL PROTECTED]> wrote:
> su, 2008-05-04 kello 15:40 +0200, Mike Collinson kirjoitti:
>> At 01:33 PM 4/05/2008, Ari Torhamo wrote:
>> >la, 2008-05-03 kello 17:39 -0400, Ted Mielczarek kirjoitti:
>> >
>> >> Why else are we contributing
>> >> this data if not for people to *use* it?
>> >
>> >I suggest you go and present this breath taking argument to RMS, and we
>> >might soon get an updated, more free version of GPL.
>> >
>> >Ari
>>
>> The GPL works very well as it already allows folks to *use*
software with no restriction on what they make with that use.
>>
>> Adding something new to GPL software source code is clearly
different from using existing GPL software to do something new.  That
distinction is far from clear when using collations of facts like OSM
data.  So a different model is required.  The PD argument is a very
easy and elegant solution, but it makes some contributors very
uncomfortable.   The new license being worked on seeks to make a,
hopefully, comprehensible distinction for factual data.
>
> OK, thanks for explaining this. I was actually just responding to
> sarcasm that I didn't like, but perhaps I could have been more educated
> doing it  :-) (or perhaps it would be best that we weren't sarcastic to
> each other at all).

For what it's worth, I wasn't being sarcastic, more like exasperated.
I hate seeing licensing issues confound useful activities, whether
they be software, music, art, or mapping. Seeing people wasting time
having a discussion about whether they can legally use something
instead of spending that time doing something useful makes me sad. I
apologize if I came off as sarcastic, it can be difficult to infer
tone over email!

Regards,
-Ted

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-06 Thread Thomas Wood
On Tue, May 6, 2008 at 7:04 PM, Nathan Vander Wilt
<[EMAIL PROTECTED]> wrote:
> On May 6, 2008, at 9:44 AM, Nathan Vander Wilt wrote:
>> [blah, blah, blah]
>
> I hope that I did make my concerns clear without offending anyone too
> greatly. Regardless, it would probably be more helpful to say what I
> hope could be done to address my concerns, instead of just more-or-
> less complaining.
>
>
> I really would like to see a license as simple as the following:
>
> For data users -
> 0. Open Street Map collects and creates public domain map data.
> 1. Attribution of Open Street Map is expected. We make it easy.
> 2. Contributing back or freely sharing modifications is strongly
> encouraged.
>
> For map editors -
> 1. Only add essentially uncopyrighted map data.
> 2. You are welcome join the list of contributors.
>
>
>
> This is pretty much how the Public Domain Data Licence with Community
> Norms works, right? (See 
> http://wiki.openstreetmap.org/index.php/Open_Data_License#Criticism
>  ) Set up community norms to say "BY-SA" and it seems like a perfect
> fit for the data and (hopefully) most contributors' wishes.
>
> I see a lot of benefits to this, certainly over the current license,
> but even over the proposed set of new licenses:
> - Easy for contributors large and small to understand.
> - Much easier to check existing datasets for compatibility.
> - Doesn't change much for data users in the open source community.
> - Enables commercial use by small companies who want to do the right
> thing, but can't just ignore grey areas that leave them or their
> customers liable.
> - It wouldn't change much as far as abuse by large corporations, as
> I'm sure their lawyers are earning more than our lawyers anyway. It
> actually seems like a clearer license with more indemnity could
> encourage a bigger company that is still somewhat concerned with it's
> PR credibility to use the data as intended. Wouldn't the resulting
> publicity do much more for OSM than a viral license?
>
> Right now the current and proposed licenses only seems to hurt small
> businesses, who can afford neither proprietary data nor the
> liabilities of the remaining grey areas. (I hope that precluding any
> sort of commercial use of the data is not the intent of most
> contributors.) If the data is in the public domain, sure some bad guys
> might abuse it, but please don't disregard the benefit that companies
> willing to follow the spirit of the community norms could bring to the
> project.
>
> thanks,
> -natevw
>
>
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Please continue this sort of discussion on legal-talk@
http://lists.openstreetmap.org/cgi-bin/mailman/listinfo/legal-talk

-- 
Regards,
Thomas Wood
(Edgemaster)

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-06 Thread Nathan Vander Wilt
On May 6, 2008, at 9:44 AM, Nathan Vander Wilt wrote:
> [blah, blah, blah]

I hope that I did make my concerns clear without offending anyone too  
greatly. Regardless, it would probably be more helpful to say what I  
hope could be done to address my concerns, instead of just more-or- 
less complaining.


I really would like to see a license as simple as the following:

For data users -
0. Open Street Map collects and creates public domain map data.
1. Attribution of Open Street Map is expected. We make it easy.
2. Contributing back or freely sharing modifications is strongly  
encouraged.

For map editors -
1. Only add essentially uncopyrighted map data.
2. You are welcome join the list of contributors.



This is pretty much how the Public Domain Data Licence with Community  
Norms works, right? (See 
http://wiki.openstreetmap.org/index.php/Open_Data_License#Criticism 
  ) Set up community norms to say "BY-SA" and it seems like a perfect  
fit for the data and (hopefully) most contributors' wishes.

I see a lot of benefits to this, certainly over the current license,  
but even over the proposed set of new licenses:
- Easy for contributors large and small to understand.
- Much easier to check existing datasets for compatibility.
- Doesn't change much for data users in the open source community.
- Enables commercial use by small companies who want to do the right  
thing, but can't just ignore grey areas that leave them or their  
customers liable.
- It wouldn't change much as far as abuse by large corporations, as  
I'm sure their lawyers are earning more than our lawyers anyway. It  
actually seems like a clearer license with more indemnity could  
encourage a bigger company that is still somewhat concerned with it's  
PR credibility to use the data as intended. Wouldn't the resulting  
publicity do much more for OSM than a viral license?

Right now the current and proposed licenses only seems to hurt small  
businesses, who can afford neither proprietary data nor the  
liabilities of the remaining grey areas. (I hope that precluding any  
sort of commercial use of the data is not the intent of most  
contributors.) If the data is in the public domain, sure some bad guys  
might abuse it, but please don't disregard the benefit that companies  
willing to follow the spirit of the community norms could bring to the  
project.

thanks,
-natevw


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-06 Thread Nathan Vander Wilt

On May 3, 2008, at 2:39 PM, Ted Mielczarek wrote:

> For me, it seems ironic that a project spawned from licensing issues
> over map data has found itself in a situation where licensing issues
> are still a problem, and hopefully the license update will resolve
> these and make using OSM data easier. Why else are we contributing
> this data if not for people to *use* it?

This mirrors my feelings exactly. When I found out about this project,  
I was really excited. I am writing a geotagging program that could  
greatly benefit from a worldwide feature set, and it seemed like OSM  
would be a great match. Now I'm not too sure. I live in the US, and  
have seen the benefits of (and perhaps come to take for granted) a  
significant body of Public Domain, free-as-in-WTFPL geographic  
datasets. Obviously on the other side of the Atlantic, you have seen  
the opposite: an overbearing monopoly that wants to keep this data  
under lock and key.

Now what has been done to remedy that situation? I read things like  
"but aha! that pub's location might be a derivative work of a  
ShareAlike street!" and it sounds an awful lot how the OS claims  
copyright in everything from the Soviet topo maps to random tourist  
brochures. Except instead of insisting on big fees for use, it seems  
some parts of the community instead insist on big "freedoms" resulting  
from use.

How is that better? I'm worried that if my users geotag their photos  
against OSM data, someone will come out of the woodwork insisting that  
the photos "could be considered a derivative of their work", and I can  
either hire a lawyer versed in International IP law [implying that  
they wouldn't mind me ignoring what they really want done with their  
data, provided it looked like I could get away with it]. Or I could  
just play it safe and pass the virus to my (fleeing) users.

It doesn't hurt the US Census Bureau when someone takes their public  
domain TIGER data and turns it into a proprietary product, or one with  
an arguably more restrictive (or "more libre") licence. However, think  
of how much less useful the TIGER data would have been to both these  
"evil corporations" AND the open source community if data sets like  
that had to be used under a particular license instead of public  
domain (with attribution often requested).

I understand that some feel the cause would be hurt if their data  
could ALSO be used in proprietary datasets. Obviously I have a  
different opinion on this matter, as do several others. What bothers  
me is that those in favor of viral licenses are able to even trump  
those who would rather have their data in the public domain -- and  
this by the same sort of "derivative work" FUD that makes a free set  
of map data so important in the first place.

thanks,
-natevw


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-05 Thread Juan Lucas Dominguez Rubio
lol...
He doesn't need to understand, but he would like to understand... which is an 
admirable thing...;-)
 
Lucas



De: [EMAIL PROTECTED] en nombre de Frederik Ramm
Enviado el: lun 05/05/2008 1:00
Para: Vincent MEURISSE
CC: talk@openstreetmap.org
Asunto: Re: [OSM-talk] Users whose contributions are in the public domain



Hi,

> I don't understand why some users want their work in PD.

You don't have to understand, just accept that some want it.

Bye
Frederik


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-05 Thread Frederik Ramm
Hi,

> I don't understand why some users want their work in PD.

You don't have to understand, just accept that some want it.

Bye
Frederik


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-04 Thread Lester Caine
Ari Torhamo wrote:
> OK, thanks for explaining this. I was actually just responding to
> sarcasm that I didn't like, but perhaps I could have been more educated
> doing it  :-) (or perhaps it would be best that we weren't sarcastic to
> each other at all).

Sarcasm can be a major problem on lists where a lot of the users do not have 
English as a first language! It often produces unnecessary discussions 
EXPLAINING the 'nuances' so many internationally spread lists do tend to clamp 
down on it ;)

-- 
Lester Caine - G8HFL
-
Contact - http://home.lsces.co.uk/lsces/wiki/?page=contact
L.S.Caine Electronic Services - http://home.lsces.co.uk
EnquirySolve - http://enquirysolve.com/
Model Engineers Digital Workshop - http://medw.co.uk//
Firebird - http://www.firebirdsql.org/index.php

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-04 Thread Ari Torhamo
su, 2008-05-04 kello 15:40 +0200, Mike Collinson kirjoitti:
> At 01:33 PM 4/05/2008, Ari Torhamo wrote:
> >la, 2008-05-03 kello 17:39 -0400, Ted Mielczarek kirjoitti:
> >
> >> Why else are we contributing
> >> this data if not for people to *use* it?
> >
> >I suggest you go and present this breath taking argument to RMS, and we
> >might soon get an updated, more free version of GPL.
> >
> >Ari
> 
> The GPL works very well as it already allows folks to *use* software with no 
> restriction on what they make with that use.  
> 
> Adding something new to GPL software source code is clearly different from 
> using existing GPL software to do something new.  That distinction is far 
> from clear when using collations of facts like OSM data.  So a different 
> model is required.  The PD argument is a very easy and elegant solution, but 
> it makes some contributors very uncomfortable.   The new license being worked 
> on seeks to make a, hopefully, comprehensible distinction for factual data.  

OK, thanks for explaining this. I was actually just responding to
sarcasm that I didn't like, but perhaps I could have been more educated
doing it  :-) (or perhaps it would be best that we weren't sarcastic to
each other at all).

Ari


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-04 Thread Vincent MEURISSE
Sebastian Spaeth > thanks, I didn't know the legal list.

About problems with cc licenses, I agree with most of them and I think
that have a new licence can be good.

About PD users, I don't think it can be possible to use there work in
public domain.

The work from an author is most of time :
1 download data from osm serveur
2 make some work on the data
3 upload work

The step 2 is make a derivative work from downloaded data in 1. So the
new data can be used as PD only if all data from step 1 is PD. As
there is no way to be sure of that, I don't think there is a way to
use PD data.



On Sun, May 4, 2008 at 3:40 PM, Mike Collinson <[EMAIL PROTECTED]> wrote:
> At 01:33 PM 4/05/2008, Ari Torhamo wrote:
>  >la, 2008-05-03 kello 17:39 -0400, Ted Mielczarek kirjoitti:
>  >
>
> >> Why else are we contributing
>  >> this data if not for people to *use* it?
>  >
>  >I suggest you go and present this breath taking argument to RMS, and we
>  >might soon get an updated, more free version of GPL.
>  >
>  >Ari
>
>  The GPL works very well as it already allows folks to *use* software with no 
> restriction on what they make with that use.
>
>  Adding something new to GPL software source code is clearly different from 
> using existing GPL software to do something new.  That distinction is far 
> from clear when using collations of facts like OSM data.  So a different 
> model is required.  The PD argument is a very easy and elegant solution, but 
> it makes some contributors very uncomfortable.   The new license being worked 
> on seeks to make a, hopefully, comprehensible distinction for factual data.
>
>  Mike
>
>
>
>
>
>
>  ___
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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-04 Thread Mike Collinson
At 01:33 PM 4/05/2008, Ari Torhamo wrote:
>la, 2008-05-03 kello 17:39 -0400, Ted Mielczarek kirjoitti:
>
>> Why else are we contributing
>> this data if not for people to *use* it?
>
>I suggest you go and present this breath taking argument to RMS, and we
>might soon get an updated, more free version of GPL.
>
>Ari

The GPL works very well as it already allows folks to *use* software with no 
restriction on what they make with that use.  

Adding something new to GPL software source code is clearly different from 
using existing GPL software to do something new.  That distinction is far from 
clear when using collations of facts like OSM data.  So a different model is 
required.  The PD argument is a very easy and elegant solution, but it makes 
some contributors very uncomfortable.   The new license being worked on seeks 
to make a, hopefully, comprehensible distinction for factual data.  

Mike




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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-04 Thread Ari Torhamo
la, 2008-05-03 kello 17:39 -0400, Ted Mielczarek kirjoitti:

> For me, it seems ironic that a project spawned from licensing issues
> over map data has found itself in a situation where licensing issues
> are still a problem, 

Yeah, what an irony. Those who started the project must have thought
that there would never be any licencing issues...

[...]

> Why else are we contributing
> this data if not for people to *use* it?

I suggest you go and present this breath taking argument to RMS, and we
might soon get an updated, more free version of GPL.

Ari


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-03 Thread Ted Mielczarek
On Sat, May 3, 2008 at 6:36 AM, Vincent MEURISSE
<[EMAIL PROTECTED]> wrote:
> I don't understand why some users want their work in PD.
>  The goal of osm is to have a map of the world freely available for
>  anyone. But with PD someone (eg google) can take all the work of osm,
>  correct and complete it, and copyright it in a way that osm cannot
>  reuse the modification. So the copyrighted map will be better than the
>  free one.

And while they're taking the data, correcting and completing it, we'll
be continuing to update and improve our copy, so what have they
gained? Imagine if Wikipedia was public domain, and you made the same
argument there. Certainly one could take a complete copy of Wikipedia,
try to correct all errors, and publish it as your own work, but I
doubt you could ever truly create something better than the mass of
Wikipedia users.

For me, it seems ironic that a project spawned from licensing issues
over map data has found itself in a situation where licensing issues
are still a problem, and hopefully the license update will resolve
these and make using OSM data easier. Why else are we contributing
this data if not for people to *use* it?

-Ted

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-03 Thread Frederik Ramm
Hi,

> And where all the data entered by the PD guys was done without looking
> at the non-PD stuff as a reference? 

Exactly, it's all in the meta data ,-) "caveat=user had proprietary map 
in top drawer of desk while mapping that"

Bye
Frederik

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-03 Thread Sebastian Spaeth
Vincent MEURISSE wrote:
> I don't understand why some users want their work in PD.
> The goal of osm is to have a map of the world freely available for
> anyone. But with PD someone (eg google) can take all the work of osm,
> correct and complete it, and copyright it in a way that osm cannot
> reuse the modification. So the copyrighted map will be better than the
> free one.

I know this debate. It is carried out by BSD'lers versus GPL'ers 
constantly and depending on what your respective definition of freedom 
is, each side can be right. There is just no universal answer what 
constitutes "free use".
As a PD'ler I can tell you that I just want to avoid that we have to 
display a 1000 names of contributors in a corner of our map, that I 
would like to be able to overlay data on an OSM map without having to 
worry whether I am allowed to do that, etc.

> The license cc by-sa is a good protection against that as it will
> always allow osm to use derivate work of the original map.

If you have ever looked at our legal list, you will have noticed that it 
is basically impossible to follow that license, that we don't even get 
it right ourselves. Nobody can tell you what will constitute a 
derivative work and what not. If you ask for permissive uses and the 
only answer  you will get from the organization that produces the data 
"ask a lawyer, we can't/won't tell you", then that license is clearly 
not right.

spaetz

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-03 Thread Vincent MEURISSE
I don't understand why some users want their work in PD.
The goal of osm is to have a map of the world freely available for
anyone. But with PD someone (eg google) can take all the work of osm,
correct and complete it, and copyright it in a way that osm cannot
reuse the modification. So the copyrighted map will be better than the
free one.
The license cc by-sa is a good protection against that as it will
always allow osm to use derivate work of the original map.

On Sat, May 3, 2008 at 4:36 AM, Bruce Cowan <[EMAIL PROTECTED]> wrote:
> On Fri, 2008-05-02 at 17:01 +0100, Andy Allan wrote:
>  > And where all the data entered by the PD guys was done without looking
>  > at the non-PD stuff as a reference? Like a "PD" pub which was
>  > positioned at the corner of two CC-BY-SA streets, whose coordinates,
>  > therefore is (arguably) non-PD? Or "PD" rivers that went down the
>  > middle of a CC-BY-SA cycle-map-contours-background-in-potlatch valley?
>
>  The sooner we're united behind one licence the better. Otherwise things
>  will just be like the Tories not wanting to say what they'd do better.
>
>  Politics thrown in for a laugh.
>  --
>  Bruce Cowan <[EMAIL PROTECTED]>
>
>
>
>
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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-02 Thread Bruce Cowan
On Fri, 2008-05-02 at 17:01 +0100, Andy Allan wrote:
> And where all the data entered by the PD guys was done without looking
> at the non-PD stuff as a reference? Like a "PD" pub which was
> positioned at the corner of two CC-BY-SA streets, whose coordinates,
> therefore is (arguably) non-PD? Or "PD" rivers that went down the
> middle of a CC-BY-SA cycle-map-contours-background-in-potlatch valley?

The sooner we're united behind one licence the better. Otherwise things
will just be like the Tories not wanting to say what they'd do better.

Politics thrown in for a laugh.
-- 
Bruce Cowan <[EMAIL PROTECTED]>


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Re: [OSM-talk] Users whose contributions are in the public domain

2008-05-02 Thread Andy Allan
On Wed, Apr 30, 2008 at 9:38 PM, Frederik Ramm <[EMAIL PROTECTED]> wrote:
> Hi,
>
>
>  >While I have the PD-user template on my user page and would encourage
>  >like-minded folks to do the same, I feel it is mostly a political
>  >statement  than of real practical benefit.
>
>  +1
>
>  Some time in the far future I will create a "clean" mirror of OSM that
>  contains only data never touched by people who don't do PD.

And where all the data entered by the PD guys was done without looking
at the non-PD stuff as a reference? Like a "PD" pub which was
positioned at the corner of two CC-BY-SA streets, whose coordinates,
therefore is (arguably) non-PD? Or "PD" rivers that went down the
middle of a CC-BY-SA cycle-map-contours-background-in-potlatch valley?

Good luck with that :-P

Cheers,
Andy

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Re: [OSM-talk] Users whose contributions are in the public domain

2008-04-30 Thread Frederik Ramm
Hi,

>While I have the PD-user template on my user page and would encourage
>like-minded folks to do the same, I feel it is mostly a political
>statement  than of real practical benefit. 

+1

Some time in the far future I will create a "clean" mirror of OSM that
contains only data never touched by people who don't do PD. This is
techically possible today, although it would currently place a high
load on the API as we don't allow batch downloads of history data
(meaning I would have to download every object's history with a
separate API call, that's roughly 300 million requests - I wonder how
many of those I'd get through before being firewalled ;-)). I assume
that we'll allow batch download of history sooner or later (we're not
truly free if we don't), and that would make a "PD filtered" version
of OSM easy.

But this is really something for the distant future, and would throw
open a number of questions I'd rather not discuss here and now.

Until then, I guess the PD-user template is really just a political
statement identifying yourself as part of the silent majority in 
this project ;-)

Bye
Frederik

-- 
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Re: [OSM-talk] Users whose contributions are in the public domain

2008-04-30 Thread Mike Collinson
At 01:12 PM 30/04/2008, Rahkonen Jukka wrote:
>> Hi,
>> 
>> I concluded that I'd rather see my contributions in public domain and added
>> the PD-user template to show that.  I wonder what does it mean in practice.
>> Is it now possible for me or anybody else to extract all features I have
>> created and which have never been touched by other users?  How about ways
>> created originally by me but edited later by others?  How should I work
>> in the future to guarantee that my edits will be free? Should I do all 
>> new work in some other environment and store it there before donating 
>> it to OSM or what?  I am now only speaking about creating totally new 
>> features, not editing anything done by others.
>> 
>> -Jukka Rahkonen-

My personal view only:

While I have the PD-user template on my user page and would encourage 
like-minded folks to do the same, I feel it is mostly a political statement  
than of real practical benefit.  You are welcome, for example, to take all my 
work for the island of Boracay [1]  and do whatever you like with it.  But I 
cannot guarantee no one else has added new material or made edits in the 
meantime  ... and I don't like to tread on the feet of fellow mappers who don't 
think as I do.

For my own possible use, yes, I take a copy of new areas I've worked on from 
OSM before other folks arrive.  I don't feel it necessary to work in a 
different environment  before donating to OSM, ... but again, as long as you 
are sure that what is yours, really is yours.  The Osmxapi API [2] might help 
there, I believe it is possible to filter on the userid of the last person to 
touch the data(??).

And then there's a new license in the works.  May be it will address many of 
the reasons why you want your contributions in the public domain by better 
defining how OSM data can be combined with other projects.

Mike

[1] http://www.openstreetmap.org/?lat=11.967&lon=121.9271&zoom=14&layers=B0FT
[2] http://wiki.openstreetmap.org/index.php/Osmxapi ___
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