Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-08-10 Thread John Smith
On 10 August 2010 19:47, Emilie Laffray emilie.laff...@gmail.com wrote:
 Since I've heard nothing more about this I can only assume that any
 consideration for a compromise has been rejected by the pro-PD crowd.

 Why do you even assume this?

Grant pasted this from LWG minutes on IRC earlier today:

It wasn't well received. It would be overly restrictive for the
project. Who knows what we'll be doing in 10 years time?

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-08-10 Thread Grant Slater
On 10 August 2010 11:26, John Smith deltafoxtrot...@gmail.com wrote:

 Grant pasted this from LWG minutes on IRC earlier today:

 It wasn't well received. It would be overly restrictive for the
 project. Who knows what we'll be doing in 10 years time?


Misquoted.
That is not for the LWG minutes. That is my person comment missing all context.
Minutes are here:
http://www.osmfoundation.org/wiki/Working_Group_Minutes#License_Working_Group

Regards
 Grant

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-08-09 Thread John Smith
Since I've heard nothing more about this I can only assume that any
consideration for a compromise has been rejected by the pro-PD crowd.

On 30 July 2010 15:54, John Smith deltafoxtrot...@gmail.com wrote:
 On 30 July 2010 15:40, Andrew Harvey andrew.harv...@gmail.com wrote:
 I was going to just create a new account, and not agree to the CTs,
 only to discover you cannot create an account without accepting. That
 means that no new members can contribute by deriving information from
 Nearmap imagery...


 I've cc'd Grant on this email, he posted to the #osm-au IRC channel
 about some proposed changes to the CTs, which I was hoping would have
 come up in another thread by now:

 LWG is considering:

 3. OSMF agrees to use or sub-license Your Contents as part of a
 database and only under the terms of one of the following licenses:
 the Open Database Licence for the database and Database Contents
 Licence for the individual contents of the database; or the Creative
 Commons Attribution-ShareAlike Licence (version 2.0 or later)

 If You have indicated to OSMF that you waive any rights in Your
 Contents (dedication to the 'public domain'), OSMF will additionally
 use or sub-license Your Contents under: the Public Domain Dedication 
 License; or the Creative Commons CC0 waiver.


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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-31 Thread John Smith
On 31 July 2010 10:36, James Livingston li...@sunsetutopia.com wrote:
 Then it doesn't help at all - what if ODbL 1.1 says that you can freely 
 relicense to CC-Zero? And if you think that can't happen, go look at the GNU 
 Free Documentation Licence 1.3 and Wikipedia. That kind of legal hijinks is 
 the only reason Wikipedia can be under a CC licence now.

Instead of specifying licenses and version, maybe the CTs need to
explicitly state a minimal type of license, in the case of
ODBL/CC-by-SA they are attribution + share alike style licenses, that
would still allow updating the license if an undesirable loop hole is
found, but limit changing the license to be similar in spirit.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread Andrew Harvey
On Fri, Jul 30, 2010 at 3:54 PM, John Smith deltafoxtrot...@gmail.com wrote:
 If You have indicated to OSMF that you waive any rights in Your
 Contents (dedication to the 'public domain'), OSMF will additionally
 use or sub-license Your Contents under: the Public Domain Dedication 
 License; or the Creative Commons CC0 waiver.

So hopefully that would mean that for a contributor who agrees to
public domain of their contents, then that would apply only to the
edits not sourced by nearmap, or some other CC-BY-* licence.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread John Smith
On 30 July 2010 16:16, Andrew Harvey andrew.harv...@gmail.com wrote:
 On Fri, Jul 30, 2010 at 3:54 PM, John Smith deltafoxtrot...@gmail.com wrote:
 If You have indicated to OSMF that you waive any rights in Your
 Contents (dedication to the 'public domain'), OSMF will additionally
 use or sub-license Your Contents under: the Public Domain Dedication 
 License; or the Creative Commons CC0 waiver.

 So hopefully that would mean that for a contributor who agrees to
 public domain of their contents, then that would apply only to the
 edits not sourced by nearmap, or some other CC-BY-* licence.

That's going to be a very messy area to deal with, because it requires
people sourcing or attributing perfectly all the time.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread Emilie Laffray
On 30 July 2010 07:19, John Smith deltafoxtrot...@gmail.com wrote:


 That's going to be a very messy area to deal with, because it requires
 people sourcing or attributing perfectly all the time.

 On a different topic of sourcing, as I mentionned some time ago, Spot
Images will be releasing images of France in the near future for a period of
6 months. The attribution is very important to them and that's why someone
is coding a plugin in JOSM that will be giving access to the WMS
specifically and add the source automatically when the plugin is used
(similar to what is happening with the Cadastre plugin, which enforces the
source type in JOSM). That is a way of enforcing the source.

Emilie Laffray
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread John Smith
On 30 July 2010 19:40, Emilie Laffray emilie.laff...@gmail.com wrote:
 On a different topic of sourcing, as I mentionned some time ago, Spot Images
 will be releasing images of France in the near future for a period of 6
 months. The attribution is very important to them and that's why someone is
 coding a plugin in JOSM that will be giving access to the WMS specifically
 and add the source automatically when the plugin is used (similar to what is
 happening with the Cadastre plugin, which enforces the source type in JOSM).
 That is a way of enforcing the source.

Not entirely what I meant, if you checked the other thread on how to
add source=* tags it's actually complicated when you update data, but
only update a small section so on and so forth.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread Emilie Laffray
On 30 July 2010 11:13, John Smith deltafoxtrot...@gmail.com wrote:


 Not entirely what I meant, if you checked the other thread on how to
 add source=* tags it's actually complicated when you update data, but
 only update a small section so on and so forth.


Yup, hence the reason I mentioned it was about a different topic of
sourcing, and I couldn't find the previous thread.

Emilie Laffray
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread John Smith
On 30 July 2010 20:24, Emilie Laffray emilie.laff...@gmail.com wrote:
 Yup, hence the reason I mentioned it was about a different topic of
 sourcing, and I couldn't find the previous thread.

http://lists.openstreetmap.org/pipermail/talk-au/2010-July/006868.html

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-30 Thread James Livingston
On 30/07/2010, at 3:54 PM, John Smith wrote:
 I've cc'd Grant on this email, he posted to the #osm-au IRC channel
 about some proposed changes to the CTs, which I was hoping would have
 come up in another thread by now:
 
 LWG is considering:
 
 3. OSMF agrees to use or sub-license Your Contents as part of a
 database and only under the terms of one of the following licenses:
 the Open Database Licence for the database and Database Contents
 Licence for the individual contents of the database; or the Creative
 Commons Attribution-ShareAlike Licence (version 2.0 or later)

I assume that giving the ODbL without a version number there means that it can 
be released under any version (upgrading to a later ODbL release is AIUI one of 
main reasons for the CTs).

Then it doesn't help at all - what if ODbL 1.1 says that you can freely 
relicense to CC-Zero? And if you think that can't happen, go look at the GNU 
Free Documentation Licence 1.3 and Wikipedia. That kind of legal hijinks is the 
only reason Wikipedia can be under a CC licence now.

Not even getting into the argument about who is allowed to define what a later 
version of the ODbL is.
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread 80n
On Thu, Jul 29, 2010 at 6:12 AM, John Smith deltafoxtrot...@gmail.comwrote:

 On 29 July 2010 13:57, Andrew Harvey andrew.harv...@gmail.com wrote:
  What should I do? Can I unagree to the CTs?

 I doubt you can unagree, although you won't get an answer even if
 you asked, the whole process is very opaque and poorly communicated.

 There has been talk about exceptions for large data providers, but
 there is no disclosure of what constitutes a large data provider or
 how to get an exception.

 In short I have no idea what you should do, *if* we were to stick to
 OSM's whiter than white approach to copyright, the data you derived
 should be removed from the database due to breach of Nearmap terms.
 I'm not advocating that data actually be removed from the database for
 this reason, however the current CTs put a lot of new users in a very
 awkward position, and this is bound to blow up in someone's face at
 some point.


If a new user, who has agreed to the contributor terms, makes a contribution
that this derived from work that is *only* licensed under CC-BY-SA do they
have the right to allow that contribution to be licensed under ODbL.  I
don't think they do.

All existing new users need to be very careful about modifying existing CC
only licensed work, which includes almost everything that is already in OSM,
don't they?

80n
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread John Smith
On 29 July 2010 17:58, 80n 80n...@gmail.com wrote:
 If a new user, who has agreed to the contributor terms, makes a contribution
 that this derived from work that is *only* licensed under CC-BY-SA do they
 have the right to allow that contribution to be licensed under ODbL.  I
 don't think they do.

Nearmap's current terms just says a share alike license like cc-by-sa,
ODBL *should* be ok, but there was questions about clarification on
this sent by Nearmap to the legal list earlier, that isn't the major
hurdle however.

 All existing new users need to be very careful about modifying existing CC
 only licensed work, which includes almost everything that is already in OSM,
 don't they?

These sorts of questions are probably better to be sent to the legal-talk list.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread David Groom



- Original Message - 
From: Andrew Harvey andrew.harv...@gmail.com

To: John Smith deltafoxtrot...@gmail.com
Cc: OSM Australian Talk List talk-au@openstreetmap.org
Sent: Thursday, July 29, 2010 4:57 AM
Subject: Re: [talk-au] ODBL yet again, but from a pragmatic approach...




On Sun, Jul 18, 2010 at 9:53 PM, John Smith deltafoxtrot...@gmail.com 
wrote:

It just got pointed out to me, but anyone that has ever derived data
from Nearmap can't agree to the new Contributor Terms, not to mention
new users that already agreed to the new CTs shouldn't be deriving
data from Nearmap.


Oh no. I remember now that when I signed up I agreed to the CTs (not
sure which version, if it has changed), I did this with the mindset
that any copyright that was assigned to me arising from my
contributions, is a copyright that I don't want, and I would rather
have that work placed in the public domain, and (not being a lawyer
and not being able to completely understand the CTs) that clicking
agree would make my contributions closer to the public domain.

But I have since (after forgetting the CTs) also made contributions
derived from Nearmap imagery. So it seems I have broken my agreement
to the CTs.

What should I do? Can I unagree to the CTs?



I think you have 2 simple choices:

1) YOU have to ask Nearmap if they are OK with YOU using their imagery under 
the terms of the CT


OR

2) you cant use Nearmap imagery for tracing, and you should ask for all your 
edits where you have used Nearmap imagery to be reversed out of the 
database.


What worries me greatly in all this is that we are being assured the lawyers 
know what they are doing, and yet somehow the situation you find yourself in 
has been allowed to arise.


David 






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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread John Smith
On 29 July 2010 23:34, David Groom revi...@pacific-rim.net wrote:
 1) YOU have to ask Nearmap if they are OK with YOU using their imagery under
 the terms of the CT

Which they aren't so...

 2) you cant use Nearmap imagery for tracing, and you should ask for all your
 edits where you have used Nearmap imagery to be reversed out of the
 database.

What would be more interesting is figuring out how many others would
be effected by this, there was some number kicking about the other
week somewhere in the order of 30k new users that agreed to the new
CTs, if even 0.5% of them traced from nearmap without using source=*
tags how would we even know or where would we even begin to deal with
this problem?

I doubt many of the people effected would even know they are breaching
Nearmap terms and conditions...

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread Andrew Harvey
On Thu, Jul 29, 2010 at 11:42 PM, John Smith deltafoxtrot...@gmail.com wrote:
 Which they aren't so...

I was going to just create a new account, and not agree to the CTs,
only to discover you cannot create an account without accepting. That
means that no new members can contribute by deriving information from
Nearmap imagery...

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-29 Thread John Smith
On 30 July 2010 15:40, Andrew Harvey andrew.harv...@gmail.com wrote:
 I was going to just create a new account, and not agree to the CTs,
 only to discover you cannot create an account without accepting. That
 means that no new members can contribute by deriving information from
 Nearmap imagery...


I've cc'd Grant on this email, he posted to the #osm-au IRC channel
about some proposed changes to the CTs, which I was hoping would have
come up in another thread by now:

LWG is considering:

3. OSMF agrees to use or sub-license Your Contents as part of a
database and only under the terms of one of the following licenses:
the Open Database Licence for the database and Database Contents
Licence for the individual contents of the database; or the Creative
Commons Attribution-ShareAlike Licence (version 2.0 or later)

If You have indicated to OSMF that you waive any rights in Your
Contents (dedication to the 'public domain'), OSMF will additionally
use or sub-license Your Contents under: the Public Domain Dedication 
License; or the Creative Commons CC0 waiver.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-23 Thread 80n
On Fri, Jul 23, 2010 at 1:21 AM, Grant Slater
openstreet...@firefishy.comwrote:

 On 23 July 2010 00:08, 80n 80n...@gmail.com wrote:
  
   http://wiki.openstreetmap.org/wiki/Import/Catalog
  
 *snip*
  Grant
  What's the lower limit for inclusion on this list?  It says rather
 vaguely
  more than a few hundred nodes.
 
  80n
 

 Those that imported the data, they make the decision. We have to ask
 everyone anyway, so it does not matter how many are on the list.

 / Grant


That gives everyone a veto over relicensing since they needn't agree to the
contributor terms.  What is the purpose of the contributor terms if everyone
can bypass them?

80n
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-22 Thread Grant Slater
On 21 July 2010 05:36, John Smith deltafoxtrot...@gmail.com wrote:

 I'm not sure how complete it is, but there is a list of data sets and
 the licenses:

 http://wiki.openstreetmap.org/wiki/Import/Catalog


If there are any known entries missing, please add them.

LWG has put out a request for this earlier, but it may not have
reached talk-au shores.

Regards
 Grant

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-22 Thread 80n
On Thu, Jul 22, 2010 at 11:50 PM, ed...@billiau.net wrote:

  On 21 July 2010 05:36, John Smith deltafoxtrot...@gmail.com wrote:
 
  I'm not sure how complete it is, but there is a list of data sets and
  the licenses:
 
  http://wiki.openstreetmap.org/wiki/Import/Catalog
 
 
  If there are any known entries missing, please add them.
 
  LWG has put out a request for this earlier, but it may not have
  reached talk-au shores.
 


Grant
What's the lower limit for inclusion on this list?  It says rather vaguely
more than a few hundred nodes.

80n



  Regards
   Grant
 
 

 This page is more complete with regard to data sources, but doesn't list
 the data we got from ABS (our largest donor).

 http://wiki.openstreetmap.org/wiki/Australian_Data_Imports



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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-22 Thread Grant Slater
On 23 July 2010 00:08, 80n 80n...@gmail.com wrote:
 
  http://wiki.openstreetmap.org/wiki/Import/Catalog
 
*snip*
 Grant
 What's the lower limit for inclusion on this list?  It says rather vaguely
 more than a few hundred nodes.

 80n


Those that imported the data, they make the decision. We have to ask
everyone anyway, so it does not matter how many are on the list.

/ Grant

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-20 Thread Andrew Harvey
If only public domain was accepted then all of the government's CC
imports would not be possible.

On Wed, Jul 21, 2010 at 6:46 AM, Christoph Donges cdon...@gmail.com wrote:
 Things would have been so much simpler if they had gone with pd from the
 start.
 Personally I consider all my edits (not that there are that many) to be pd
 and I don't care what anybody, including osm do with them.
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-20 Thread John Smith
On 21 July 2010 14:27, Andrew Harvey andrew.harv...@gmail.com wrote:
 If only public domain was accepted then all of the government's CC
 imports would not be possible.

I'm not sure how complete it is, but there is a list of data sets and
the licenses:

http://wiki.openstreetmap.org/wiki/Import/Catalog

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread John Smith
I sent an email to Nearmap today to clarify about licensing of derived
data, the gist of the response was they won't accept anything less
than a share alike license, while the ODBL may be compatible, the new
Contributor Terms (CTs) aren't so on top of all the cc-by data going
bye bye, all the Nearmap data will disappear as well.

So unless the CTs change to accommodate these issues, we're looking at
a very dismal and demoralising map, especially in some rural areas
that recently became mapped out extensively, or we're going to need to
serious start working on building up the needed infrastructure to be
in a position to fork when the license change over occurs.

I wish I could be more optimistic but at this stage I doubt that the
CTs will be updated to accommodate us or anyone else in our position.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread John Smith
It just got pointed out to me, but anyone that has ever derived data
from Nearmap can't agree to the new Contributor Terms, not to mention
new users that already agreed to the new CTs shouldn't be deriving
data from Nearmap.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread Grant Slater
On 18 July 2010 12:53, John Smith deltafoxtrot...@gmail.com wrote:
 It just got pointed out to me, but anyone that has ever derived data
 from Nearmap can't agree to the new Contributor Terms, not to mention
 new users that already agreed to the new CTs shouldn't be deriving
 data from Nearmap.


Why?
Are their new created work somehow inferiour to other created works?

/ Grant

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread John Smith
On 18 July 2010 22:10, Grant Slater openstreet...@firefishy.com wrote:
 On 18 July 2010 12:53, John Smith deltafoxtrot...@gmail.com wrote:
 It just got pointed out to me, but anyone that has ever derived data
 from Nearmap can't agree to the new Contributor Terms, not to mention
 new users that already agreed to the new CTs shouldn't be deriving
 data from Nearmap.


 Why?
 Are their new created work somehow inferiour to other created works?

The new CTs aren't limited to relicensing under a non-share alike
license and Nearmap Terms and Conditions only allow their imagery to
be used to derive data under a share alike license, although at
present it can only be cc-by-sa until or if they update to some other
license.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread Markus
Where do we vote against the ODBL?

Im sure not going to start again.

Markus.

-Original Message-
From: talk-au-boun...@openstreetmap.org
[mailto:talk-au-boun...@openstreetmap.org] On Behalf Of John Smith
Sent: Sunday, 18 July 2010 9:06 PM
To: OSM Australian Talk List
Subject: Re: [talk-au] ODBL yet again, but from a pragmatic approach...

I sent an email to Nearmap today to clarify about licensing of derived
data, the gist of the response was they won't accept anything less
than a share alike license, while the ODBL may be compatible, the new
Contributor Terms (CTs) aren't so on top of all the cc-by data going
bye bye, all the Nearmap data will disappear as well.

So unless the CTs change to accommodate these issues, we're looking at
a very dismal and demoralising map, especially in some rural areas
that recently became mapped out extensively, or we're going to need to
serious start working on building up the needed infrastructure to be
in a position to fork when the license change over occurs.

I wish I could be more optimistic but at this stage I doubt that the
CTs will be updated to accommodate us or anyone else in our position.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread John Smith
On 18 July 2010 22:19, Grant Slater openstreet...@firefishy.com wrote:
 On 18 July 2010 12:36, John Smith deltafoxtrot...@gmail.com wrote:
 I sent an email to Nearmap today to clarify about licensing of derived
 data, the gist of the response was they won't accept anything less
 than a share alike license, while the ODBL may be compatible, the new
 Contributor Terms (CTs) aren't so on top of all the cc-by data going
 bye bye, all the Nearmap data will disappear as well.


 Why would the CC-BY data go bye bye? The Licensing Working Group is
 still working with the lawyer regarding this and as far as I know
 nobody with any legal sense has made any statement why CC-BY would be
 a problem under OdbL.

Did you even read what I wrote, the problem is with the Contributor
Terms, specifically section 3, however everyone seems to think cc-by
is compatible with the ODBL, but cc-by-sa isn't even though they are
both share alike licenses they are some significant differences that
make them incompatible.

 And regardless...
 I used a PD data sets for creating the OSM coastline of Africa. It
 took me 3 months in 2006. I imagine if for example the much quoted
 CC-BY coastline of Australia was removed tomorrow it could be rebuilt
 within a week from new data with community assistance. Yes I am aware
 there are other CC-BY imported datasets too.

Liz simplified things too much, this isn't just about coast lines,
there is a lot of other information derived from other cc-by and/or
cc-by-sa data.

 John care to join us on the Licensing Working Group calls? Or
 alternatively let us know what should be changed. Maybe we can adjust
 time to better suit your timezone.

In short, ODBL is probably ok, but the CTs, specifically section 3
isn't compatible with cc-by or Nearmap...

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-18 Thread Liz
On Sun, 18 Jul 2010, Grant Slater wrote:
 I used a PD data sets for creating the OSM coastline of Africa. It
 took me 3 months in 2006. I imagine if for example the much quoted
 CC-BY coastline of Australia was removed tomorrow it could be rebuilt
 within a week from new data with community assistance. Yes I am aware
 there are other CC-BY imported datasets too.

This is a vastly simplified view of the world.
If the new data was not superior, why did OSM contributors spend months moving 
from the PGS derived coastline (which also took months to make) to the ABS 
derived coastline?

Why do we want to take better data and then throw it out?

My personal survey mapping efforts extend over a vast geographical area. I'd 
like to be able to show you what the OSM map would look like without this, but 
there aren't any tools yet available. (One mapper is trying to work one out).
My gut feeling is that I have drawn in the main roads, the rivers, the minor 
roads, and the streets over the major part of a piece of planet Earth.

I am not in favour of the licence change, and my work will have to be removed. 
No one yet can sort out exactly how this will be removed - I don't think that 
a minor change by me makes it my work, or vice versa.

There is still time for compromise. Some people are not in favour of any form 
of compromise, and insist that their way is the only way.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-10 Thread Richard Weait
On Sat, Jul 10, 2010 at 1:18 AM, John Smith deltafoxtrot...@gmail.com wrote:
 As people should now be aware there is currently there is an issue,
 not so much with ODBL, but the new Terms and Conditions people have to
 agree to stating that OSM can change to other free licenses in
 future without requiring consent,

without requiring consent?  I disagree with you.

I presume that you refer to paragraph three of the contributor terms
http://www.osmfoundation.org/wiki/License/Contributor_Terms

3. OSMF agrees to use or sub-license Your Contents as part of a
database and only under the terms of one of the following licenses:
ODbL 1.0 for the database and DbCL 1.0 for the individual contents of
the database; CC-BY-SA 2.0; or another free and open license. Which
other free and open license is chosen by a vote of the OSMF membership
and approved by at least a 2/3 majority vote of active contributors. 

Which states clearly that it requires consent of the OSM foundation
board and of 2/3 majority of current OSM contributors.

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-10 Thread John Smith
On 11 July 2010 09:50, Richard Weait rich...@weait.com wrote:
 I presume that you refer to paragraph three of the contributor terms
 http://www.osmfoundation.org/wiki/License/Contributor_Terms

 3. OSMF agrees to use or sub-license Your Contents as part of a
 database and only under the terms of one of the following licenses:
 ODbL 1.0 for the database and DbCL 1.0 for the individual contents of
 the database; CC-BY-SA 2.0; or another free and open license. Which
 other free and open license is chosen by a vote of the OSMF membership
 and approved by at least a 2/3 majority vote of active contributors. 

 Which states clearly that it requires consent of the OSM foundation
 board and of 2/3 majority of current OSM contributors.

http://wiki.openstreetmap.org/w/index.php?title=Talk:ODbL/Upcomingoldid=497888diff=next

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[talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-09 Thread John Smith
As people should now be aware there is currently there is an issue,
not so much with ODBL, but the new Terms and Conditions people have to
agree to stating that OSM can change to other free licenses in
future without requiring consent, while in theory this is a great idea
since if there is a compelling reason to change/upgrade the license
they can do so without all the problems occurring now, however due to
the absence of requiring such a free license to be cc-by compatible
(require some form of attribution) this then means any cc-by data
would now have to be expunged from the system.

Currently we have a fair bit of cc-by data in the system, things like
ABS boundaries and in turn any data derived from such data, but so far
there is only assumptions on how much data is this exactly, especially
in Europe where the assumption is the majority of data has been
relicensed or is clean to begin with, so they don't care about anyone
else who may be effected by this change, but of course the big unknown
is how many contributors will actually agree to this change,
especially some of the more prolific editors.

The $20mill dollar question however is this, and this is the pragmatic
part, what would the state of the map be tomorrow if the license
change over happened if all the cc-by data and derived data
disappeared.

For the purposes of this exercise I'll just make the blind assumption
that anything with attribution=* would be considered cc-by, obviously
this isn't a perfect test since some people have stripped the
attribution information and other data may not have been attributed
properly, then again even ODBL data could be tainted, and subtly
enough to corrupt large chunks of the database, however this should
give us a pretty good idea of what we're dealing with rather than keep
making blind assumptions.

I found that there is 97,573 ways/nodes/relations within an Australia
bounding box with an attribution tag, although there needs to be a lot
more interrogation of the data to make this a much more tangible and
suitable for making objective decisions based on it. Although I did
create a noattribution navit[1] file and a gosmore file[2] to try and
help with visualising.

The above 98k objects make up about 8M of compressed data[3], while
this wouldn't be completely devastating, we're not just talking ABS
data, there is a lot more to it like points of interest and national
parks and other such things.

As Kai wrote in another thread, the loss of data could have a big
demoralising effect on anyone that spent time cleaning up or otherwise
manipulating that data. Those that are so gung-ho to push through
their own agendas might want to push for a small change to the TCs
ensure attribution and most of this discussion would disappear, rather
than alienating[4] people that contribute data from regional areas
that we have enough trouble sourcing by any other means, that is
unless they want to come and recruit others that would also do the
work for free instead.

Although I'm not sure what the point is of moving to another
attribution/share-a-like license, if the TCs undermine this, unless of
course the intent is to eventually force everyone to go to PD long
term, but doing it on the sly hoping no one notices where things are
headed.

[1] http://map-data.bigtincan.com/data/australia-noattribution.navit.bin
[2] http://map-data.bigtincan.com/data/australia-noattribution.pak
[3] 149,017,722 v 157,576,420 respectively
[4] http://lists.openstreetmap.org/pipermail/legal-talk/2010-July/003441.html

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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-09 Thread James Livingston
On 10/07/2010, at 9:18 AM, John Smith wrote:
 however due to
 the absence of requiring such a free license to be cc-by compatible
 (require some form of attribution) this then means any cc-by data
 would now have to be expunged from the system.

Only if the copyright holder hasn't agreed to the CTs. If you are importing any 
data into OSM, you either 1) have to be the copyright holder and agree to the 
CTs, gotten the copyright holder's permission to agree to the CTs on behalf of 
them, or 3) somehow gotten an exemption from having to agree to the CTs. I'm 
still trying to find out how you do (3).

If you have imported data you got from someone else (other than public domain), 
you can't legally agree to the CTs. Since I've imported some data into OSM 
under my main account, I can't strictly click I Agree on that account unless 
the changesets are moved to a different account.


 Currently we have a fair bit of cc-by data in the system, things like
 ABS boundaries and in turn any data derived from such data, but so far
 there is only assumptions on how much data is this exactly, especially
 in Europe where the assumption is the majority of data has been
 relicensed or is clean to begin with,

The big one in Europe is AND. Presumably they are going to get an exemption to 
the CTs, because they're definitely not going to agree to them for the same 
reason our governments aren't.



 while this wouldn't be completely devastating, we're not just talking ABS
 data, there is a lot more to it like points of interest and national
 parks and other such things.

More important than losing data we wouldn't otherwise have, if losing data that 
has replaced older stuff. Various people have gone around replacing the old PGS 
coastline with ABS-derived coastline - someone is going to have to go and 
re-import the PGS stuff if we lose CC-BY data. I know I've replaced a bunch of 
Yahoo-imagery derived data with stuff based on CC-BY data.


 Although I'm not sure what the point is of moving to another
 attribution/share-a-like license, if the TCs undermine this, unless of
 course the intent is to eventually force everyone to go to PD long
 term, but doing it on the sly hoping no one notices where things are
 headed.

If OSM does go ODbL, I'm tempted to propose PD re-licensing sometime after it 
settled down a bit (but not too settled) just to stir things up. From memory, 
someone has quoted 70% of people at SotM the other year as being happy to have 
their work PD - we only need a vote of OSMF (presumably 50% majority) and two 
thirds of active mappers.

I'm sure that would go down *really* well, regardless of the outcome.
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Re: [talk-au] ODBL yet again, but from a pragmatic approach...

2010-07-09 Thread John Smith
On 10 July 2010 10:15, James Livingston li...@sunsetutopia.com wrote:
 If you have imported data you got from someone else (other than public 
 domain), you can't legally agree to the CTs. Since I've imported some data 
 into OSM under my main account, I can't strictly click I Agree on that 
 account unless the changesets are moved to a different account.

This is just semantics, it isn't that useful to give exceptions to the
TCs. Otherwise those with exceptions, especially if they supply large
amounts of data, would be able to hold OSM hostage at a future point
in time.

 The big one in Europe is AND. Presumably they are going to get an exemption 
 to the CTs, because they're definitely not going to agree to them for the 
 same reason our governments aren't.

Which is nearly pointless trying to enforce the TCs on everyone, if
large data suppliers will be exempt, all that needs to happen is
include a small snippet about attribution and everyone is in the
clear.

 More important than losing data we wouldn't otherwise have, if losing data 
 that has replaced older stuff. Various people have gone around replacing the 
 old PGS coastline with ABS-derived coastline - someone is going to have to go 
 and re-import the PGS stuff if we lose CC-BY data. I know I've replaced a 
 bunch of Yahoo-imagery derived data with stuff based on CC-BY data.

Not necessarily, we now have nearmap to draw upon as well,
alternatively there is also SRTM that could be used.

 If OSM does go ODbL, I'm tempted to propose PD re-licensing sometime after it 
 settled down a bit (but not too settled) just to stir things up. From memory, 
 someone has quoted 70% of people at SotM the other year as being happy to 
 have their work PD - we only need a vote of OSMF (presumably 50% majority) 
 and two thirds of active mappers.

70% of ~230 people isn't exactly a good sample size, that isn't even
10% of active mappers, and some of those for PD would be just as happy
with cc-by, as I see it, things are pretty much committed to some form
of attribution license, I don't see PD happening if for no other
reason than to prevent Insert favourite commercial mapping company
from just taking without giving back.

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