Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-20 Thread Adam Martin
I would think it's the parts that give them the power to revoke the license
to use the data at any time. For it to be used in OSM, it has to be
essentially surrendered to the map. When I joined two years ago, one of the
stipulations was to specifically accept the licensing agreement of OSM
which effectively had me surrender any and all edits to OSM. It would
reserve the right to maintain, modify, delete and otherwise use any
information that I inputted as their own. Which makes complete sense, else
if I were to become vindictive, I could try to revoke my license and they
would have to remove my edits, which is difficult and potentially damaging.

Specifically, as Steward mentioned, Ottawa has the reserved the right of
cancellation of access to the data:

*The City may, in its sole discretion, cancel or suspend your access to the
datasets without notice and for any reason, including anything which the
City, in its sole discretion, believes is a breach of these Terms of Use or
is otherwise unlawful or harmful to others. In the event of cancellation or
suspension, you will no longer be authorized to use or reproduce these
datasets, and the City may use any means possible to enforce its decision.
Such cancellation or suspension will not affect any person who has received
the datasets from you and who is otherwise in compliance with these Terms
of Use.*

Basically, they can revoke the access and OSM will be forced to comply,
removing the data and, as a result, any edits made that were based off that
data. The other problem is the Liability clause. If they feel the use was a
breach, then they may sue, indemnifying OSM and making it open to
litigation. We, as users, don't have the right to do that.
On Aug 20, 2015 4:59 PM, James james2...@gmail.com wrote:

 I got an email back from the guy handling the Licensing.

 Hi James, thank-you for the email.  I’m not sure I understand the
 compatibility grid.   Is there a particular issue you are concerned about?



 Note: we have plans to adapt the Open Government License Canada but have
 not been able to do that quite yet; however, there are few differences
 between the two, so if there’s a specific item you are concerned about it I
 might be able to shed some light on how we treat it.




 Thank-you,


 Robert Giggey
 ---

 What would be the specifics of our license (ODbL) incompatible with
 Ottawa-TOU?

 On Wed, Aug 19, 2015 at 10:14 AM, James james2...@gmail.com wrote:

 Email I got after I said I will be unable to use the data due to
 incompatible licensing:


 James,

 I’m going to forward this inquiry on to Robert Giggey. He is in charge of
 the Open Data program at the City. I must say, I am a little surprised that
 this interpretation is so restrictive. I personally was not aware of this.
 I will also follow-up with Robert in this regard.


 *-Stephen*

 Maybe, they just needed some education? P.s. thank you Stewart for the
 comparison tool!

 On Wed, Aug 19, 2015 at 9:23 AM, Stewart C. Russell scr...@gmail.com
 wrote:

 Hi James —

  What should I tell Stephen, to change the license for just OSM or in
 whole?

 For simplicity, they'd need to change the licence for everyone. A
 special carve-out for OSM alone would be fraught with problems.

 Ideally, they'd chose a licence that isunencumbered, like CC0 or PDDL.
 Any attempt to roll your own licence adds compatibility problems, and
 municipalities do love to keep those little clauses in that allow them
 to recall data.

 If you want to show Stephen how compatible and open the city's licence
 isn't, show him this:

  http://clipol.org/licences/16?tab=licence_compatibility

 It shows how Canadian municipalities all shared and tweaked licences,
 and inadvertently made them incompatible with everything. And they
 complain about why no-one uses their data.

 If they do want to change (great!), I know there are some folks on this
 list just itching for a roadtrip to the NCR to do some municipal
 education …

 cheers,
  Stewart


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Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-20 Thread James
I got an email back from the guy handling the Licensing.

Hi James, thank-you for the email.  I’m not sure I understand the
compatibility grid.   Is there a particular issue you are concerned about?



Note: we have plans to adapt the Open Government License Canada but have
not been able to do that quite yet; however, there are few differences
between the two, so if there’s a specific item you are concerned about it I
might be able to shed some light on how we treat it.




Thank-you,


Robert Giggey
---

What would be the specifics of our license (ODbL) incompatible with
Ottawa-TOU?

On Wed, Aug 19, 2015 at 10:14 AM, James james2...@gmail.com wrote:

 Email I got after I said I will be unable to use the data due to
 incompatible licensing:


 James,

 I’m going to forward this inquiry on to Robert Giggey. He is in charge of
 the Open Data program at the City. I must say, I am a little surprised that
 this interpretation is so restrictive. I personally was not aware of this.
 I will also follow-up with Robert in this regard.


 *-Stephen*

 Maybe, they just needed some education? P.s. thank you Stewart for the
 comparison tool!

 On Wed, Aug 19, 2015 at 9:23 AM, Stewart C. Russell scr...@gmail.com
 wrote:

 Hi James —

  What should I tell Stephen, to change the license for just OSM or in
 whole?

 For simplicity, they'd need to change the licence for everyone. A
 special carve-out for OSM alone would be fraught with problems.

 Ideally, they'd chose a licence that isunencumbered, like CC0 or PDDL.
 Any attempt to roll your own licence adds compatibility problems, and
 municipalities do love to keep those little clauses in that allow them
 to recall data.

 If you want to show Stephen how compatible and open the city's licence
 isn't, show him this:

  http://clipol.org/licences/16?tab=licence_compatibility

 It shows how Canadian municipalities all shared and tweaked licences,
 and inadvertently made them incompatible with everything. And they
 complain about why no-one uses their data.

 If they do want to change (great!), I know there are some folks on this
 list just itching for a roadtrip to the NCR to do some municipal
 education …

 cheers,
  Stewart


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Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-19 Thread James
Email I got after I said I will be unable to use the data due to
incompatible licensing:


James,

I’m going to forward this inquiry on to Robert Giggey. He is in charge of
the Open Data program at the City. I must say, I am a little surprised that
this interpretation is so restrictive. I personally was not aware of this.
I will also follow-up with Robert in this regard.


*-Stephen*

Maybe, they just needed some education? P.s. thank you Stewart for the
comparison tool!

On Wed, Aug 19, 2015 at 9:23 AM, Stewart C. Russell scr...@gmail.com
wrote:

 Hi James —

  What should I tell Stephen, to change the license for just OSM or in
 whole?

 For simplicity, they'd need to change the licence for everyone. A
 special carve-out for OSM alone would be fraught with problems.

 Ideally, they'd chose a licence that isunencumbered, like CC0 or PDDL.
 Any attempt to roll your own licence adds compatibility problems, and
 municipalities do love to keep those little clauses in that allow them
 to recall data.

 If you want to show Stephen how compatible and open the city's licence
 isn't, show him this:

  http://clipol.org/licences/16?tab=licence_compatibility

 It shows how Canadian municipalities all shared and tweaked licences,
 and inadvertently made them incompatible with everything. And they
 complain about why no-one uses their data.

 If they do want to change (great!), I know there are some folks on this
 list just itching for a roadtrip to the NCR to do some municipal education
 …

 cheers,
  Stewart


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Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-19 Thread Stewart C. Russell
Hi James —

 What should I tell Stephen, to change the license for just OSM or in whole?

For simplicity, they'd need to change the licence for everyone. A
special carve-out for OSM alone would be fraught with problems.

Ideally, they'd chose a licence that isunencumbered, like CC0 or PDDL.
Any attempt to roll your own licence adds compatibility problems, and
municipalities do love to keep those little clauses in that allow them
to recall data.

If you want to show Stephen how compatible and open the city's licence
isn't, show him this:

 http://clipol.org/licences/16?tab=licence_compatibility

It shows how Canadian municipalities all shared and tweaked licences,
and inadvertently made them incompatible with everything. And they
complain about why no-one uses their data.

If they do want to change (great!), I know there are some folks on this
list just itching for a roadtrip to the NCR to do some municipal education …

cheers,
 Stewart


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Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-17 Thread Stewart C. Russell
Hi James,
 but I did receive approval from the city that we could import data
 from data.ottawa.ca/dataset http://data.ottawa.ca/dataset. Which I
 documented here:
 https://wiki.openstreetmap.org/wiki/Canada:Ontario:Ottawa/Import/Permission

I'm not a legal expert, but I think that OSM would have trouble with
some of the licence terms, such as
http://ottawa.ca/en/mobile-apps-and-open-data/terms-use#terms —

*Liability for not complying with Terms of Use*

If, as a result of your breach of these Terms of Use, the City gets
sued or is required to pay someone money, you agree to protect the
City and reimburse the City for everything which you cause the City
to suffer. This means that you agree to defend, indemnify, and hold
harmless the City and all of its agents from any and all liabilities
incurred in connection with any claim arising from any breach by you
of these Terms of Use, including reasonable legal fees and costs.
You agree to cooperate fully in the defence of any such claim. The
City reserves the right to assume, at its own expense, the exclusive
defence and control of any matter otherwise subject to
indemnification by you. You agree not to settle any matter without
the written consent of the City.

*Cancellation for non-compliance*

The City may, in its sole discretion, cancel or suspend your access
to the datasets without notice and for any reason, including
anything which the City, in its sole discretion, believes is a
breach of these Terms of Use or is otherwise unlawful or harmful to
others. In the event of cancellation or suspension, you will no
longer be authorized to use or reproduce these datasets, and the
City may use any means possible to enforce its decision. Such
cancellation or suspension will not affect any person who has
received the datasets from you and who is otherwise in compliance
with these Terms of Use.


So it looks like the City could sue OSM if someone uses the map in
Ottawa, gets lost or falls in the canal, and sues the City. It also
looks like the city reserves the right to suspend use of the data, and
may be able to enforce this.

Ottawa's licence looks a lot like the first wave of Canadian Open Data
licences, and these were absolutely not usable in OSM.

Best Wishes,
 Stewart

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Re: [Talk-ca] Fwd: Ottawa, Canada import

2015-08-17 Thread Paul Norman

On 8/17/2015 8:20 PM, Stewart C. Russell wrote:

Hi James,
but I did receive approval from the city that we could import data 
from data.ottawa.ca/dataset http://data.ottawa.ca/dataset. Which I 
documented here:

https://wiki.openstreetmap.org/wiki/Canada:Ontario:Ottawa/Import/Permission


I'm not a legal expert, but I think that OSM would have trouble with 
some of the licence terms, such as 
http://ottawa.ca/en/mobile-apps-and-open-data/terms-use#terms


Yes, the Ottawa terms are pretty clearly incompatible with 
OpenStreetMap, and do not meet the Open Definition. Giving us permission 
is fine, but we need to be certain that the city realizes what it is 
granting permission for, and we should also make sure that they realize 
the license they currently have is non-open and a problem.
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[Talk-ca] Fwd: Ottawa, Canada import

2015-08-17 Thread James
Hello everyone, I was informed that before any kind of data import was to
be approved by the community. Unfortunately I have imported a bit of data
into openstreetmap and for this I am sorry.

but I did receive approval from the city that we could import data from
data.ottawa.ca/dataset. Which I documented here:
https://wiki.openstreetmap.org/wiki/Canada:Ontario:Ottawa/Import/Permission

I will be documenting the import on this wiki page:
http://wiki.openstreetmap.org/wiki/Canada:Ontario:Ottawa/Import

I know there has been a push within osmcanada to improve Ottawa's maps see
osm task:
http://tasks.osmcanada.ca/project/9
and I truely do believe this will help this cause. with your approval we
can move ahead and improve the already great maps that openstreetmap
provides.

*(Sorry for the double email I wasn't on the imports mailing list and it
bounced)*

Thank you
Jamie Nadeau
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