Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Robert Whittaker (OSM)
On 19 April 2011 20:06, Graham Jones  wrote:
> Declining the new terms would have been silly because it would have meant my
> non-OS based contributions being removed,

That would only be the case if/when we proceed to the next stage in
the licence change process and you still hadn't accepted the (possibly
amended) terms by then. A "decline" choice at the moment can be
reversed at any time, and in the mean time you can continue to edit
and your previous edits remain in the database.

(But I'm not sure if this has now been made clear anywhere on the CTs
form -- I only found out when I asked the LWG what would happen if I
declined when forced to make a choice.)

If you're not certain that you're previous contributions satisfy the
CTs, then surely the best course of action is not to sign until such
time as you are. If people are signing up with potentially
incompatible data just to ensure that their other contributions
doesn't get deleted, then that rather defeats the whole point of the
strict CTs. The more people that don't sign up yet because of the
uncertainties, the more pressure there will be for OSMF to find a
solution that allows OS OpenData to be used.

Robert.

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Graham Jones
I have also made some contributions based on OS OpenData and have just
accepted the new CTs.

I am disappointed that it got to the point that we had to accept or decline
the new terms before the issue over the OS data has been settled, but
reasoned that the vast majority of my contributions have been from surveys
and I have put a source tag everywhere that I have used OS data.

Declining the new terms would have been silly because it would have meant my
non-OS based contributions being removed, and I have nothing against the new
licence or contributor terms.
If someone decides that OS data is not appropriate they can identify them
and remove them.

That said I think we would be stupid as an organisation to change our
license to one that is not compatible with OS data given that the UK
government has released it - I am just not that interested in licences!

Graham.


On 19 April 2011 17:29, Brian Prangle  wrote:

> Being cast as the most guilty party "threatening OSM" by having the
> greatest number of  OS data edits and signing the CTs - I thought I'd
> contribute to make it clear where I stand. I'm absolutely with Peter Miller
> on this. I trust the OSMF implicitly to get it right which is why I signed
> the CTs. Why make the OS data available to us if we can't use it?  I'm not
> worried in the slightest by this - I'm too busy mapping. All I see these
> discussions doing is generating heat but no light
>
> Regards
>
> brian
>
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-- 
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Hartlepool, UK.
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Brian Prangle
Being cast as the most guilty party "threatening OSM" by having the greatest
number of  OS data edits and signing the CTs - I thought I'd contribute to
make it clear where I stand. I'm absolutely with Peter Miller on this. I
trust the OSMF implicitly to get it right which is why I signed the CTs. Why
make the OS data available to us if we can't use it?  I'm not worried in the
slightest by this - I'm too busy mapping. All I see these discussions doing
is generating heat but no light

Regards

brian
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Peter Miller
On 19 April 2011 14:14, David Groom  wrote:

>
>
> - Original Message - From: "TimSC" 
> To: 
> Sent: Tuesday, April 19, 2011 11:50 AM
> Subject: Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence
>
>
>
>
>> On 19/04/11 11:45, Frederik Ramm wrote:
>>
>>> Hi,
>>>
>>> On 04/19/11 12:32, TimSC wrote:
>>>
>>>> I still think that the CTs ask
>>>> for rights to be granted that are broader than are granted by the
>>>> Opendata license. This point is disputed by Richard and others. Here are
>>>> the most prolific Opendata users (in terms of version 1 objects) that
>>>> have accepted the CTs, along with their user IDs:
>>>>
>>>
>>> Does the explicit naming of these people actually contribute anything to
>>> solving the problem?
>>>
>> Determining the scope of the problem is perhaps the first step to solving
>> it. And we might want to find out why these users felt the need
>>
>
> In defence of those users, I suspect they did not feel "the need to
> (possibly) violate OS OpenData's license",  i.e I suspect they did not make
> a conscious decision to possibly violate the licence;
>
> I suspect that either:
>
> (a) they were unaware there might be a problem, because when you are asked
> to agree to sign the CT's there really is no warning to those who have not
> followed the licensing debate that some existing sources of data may not be
> compatible with the CT's ;
>
> or (b)  they have been persuaded by those on this (and the legal list) who
> have argued that OS OpenData is compatible with the CT's .
>
> Ultimately, however, those users motives are not the most relevant issue.
> What is more relevant are the as yet unanswered questions:
>
> (i) is OS OpenData compatible with the CT's; and
>
> (ii) what will happen to the contributions of users who have breached the
> CT's
>
> David
>
>
>  to (possibly) violate OS Opendata's license. User education might be
>> something we can work on?
>>
>> However, does your question go towards solving the problem? Ad hominem tu
>> quoque!
>>
>
This is a good question, and a perenial one and not really one that we can
resolve as we are not lawyers and are not on the license working group. Some
readers may remember that I asked the same question some time back. In the
end I got reassurance from the board that it was OK and I signed up.

The License team are well aware of the issue and I hope they will ensure
that there is not a problem. Personally, I am not going to let it worry me.
I expect them to do their job and ensure that it works and I will get on
with mapping.



Regards,



Peter Miller
(user:PeterIto)


>
>> TimSC
>>
>>
>>
>
>
>
>
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread David Groom



- Original Message - 
From: "TimSC" 

To: 
Sent: Tuesday, April 19, 2011 11:50 AM
Subject: Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence




On 19/04/11 11:45, Frederik Ramm wrote:

Hi,

On 04/19/11 12:32, TimSC wrote:

I still think that the CTs ask
for rights to be granted that are broader than are granted by the
Opendata license. This point is disputed by Richard and others. Here are
the most prolific Opendata users (in terms of version 1 objects) that
have accepted the CTs, along with their user IDs:


Does the explicit naming of these people actually contribute anything to 
solving the problem?
Determining the scope of the problem is perhaps the first step to solving 
it. And we might want to find out why these users felt the need


In defence of those users, I suspect they did not feel "the need to 
(possibly) violate OS OpenData's license",  i.e I suspect they did not make 
a conscious decision to possibly violate the licence;


I suspect that either:

(a) they were unaware there might be a problem, because when you are asked 
to agree to sign the CT's there really is no warning to those who have not 
followed the licensing debate that some existing sources of data may not be 
compatible with the CT's ;


or (b)  they have been persuaded by those on this (and the legal list) who 
have argued that OS OpenData is compatible with the CT's .


Ultimately, however, those users motives are not the most relevant issue. 
What is more relevant are the as yet unanswered questions:


(i) is OS OpenData compatible with the CT's; and

(ii) what will happen to the contributions of users who have breached the 
CT's


David

to (possibly) violate OS Opendata's license. User education might be 
something we can work on?


However, does your question go towards solving the problem? Ad hominem tu 
quoque!


TimSC








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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Robert Whittaker (OSM)
On 18 April 2011 23:21, Frederik Ramm  wrote:
> Richard Bullock wrote:
>> It's on the "Copyright" page though
>> http://www.openstreetmap.org/copyright
>> "United Kingdom: Contains Ordnance Survey data © Crown copyright and
>> database right 2010."
>>
>> That is, IIRC, what we were required to state.
>
> Well in that case, as long as nobody is planning to remove that, we should
> be fine with CT/ODbL?

No. The OS OpenData licence also requires "The same attribution
statements must be contained in any sub-licences of the Information
that you grant, together with a requirement that any further
sub-licences do the same."

Which I interpret to mean that not only must OSM provide that
attribution, we must ensure that all derived works, and any works
derived from them must too. In which case, *just* providing
attribution on the OSM website isn't, in itself, sufficient.

-- 
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread TimSC

On 19/04/11 11:45, Frederik Ramm wrote:

Hi,

On 04/19/11 12:32, TimSC wrote:

I still think that the CTs ask
for rights to be granted that are broader than are granted by the
Opendata license. This point is disputed by Richard and others. Here are
the most prolific Opendata users (in terms of version 1 objects) that
have accepted the CTs, along with their user IDs:


Does the explicit naming of these people actually contribute anything 
to solving the problem?
Determining the scope of the problem is perhaps the first step to 
solving it. And we might want to find out why these users felt the need 
to (possibly) violate OS Opendata's license. User education might be 
something we can work on?


However, does your question go towards solving the problem? Ad hominem 
tu quoque!


TimSC


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread Frederik Ramm

Hi,

On 04/19/11 12:32, TimSC wrote:

I still think that the CTs ask
for rights to be granted that are broader than are granted by the
Opendata license. This point is disputed by Richard and others. Here are
the most prolific Opendata users (in terms of version 1 objects) that
have accepted the CTs, along with their user IDs:


Does the explicit naming of these people actually contribute anything to 
solving the problem?


Bye
Frederik

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-19 Thread TimSC


I have been wondering how much data has been imported into OSM from OS 
Opendata and who has accepted the CTs. I still think that the CTs ask 
for rights to be granted that are broader than are granted by the 
Opendata license. This point is disputed by Richard and others. Here are 
the most prolific Opendata users (in terms of version 1 objects) that 
have accepted the CTs, along with their user IDs:


9065brianboru
41362Eriks Zelenka
69853Central America
51722Chris Parker
57884EdLoach
26825Warofdreams
91225tms13
592JonS
229419piedwagtail91
82783Paul The Archivist

The top contributor, brianboru, has 29020 objects that use opendata 
source tags (and are version 1 objects). We should not focus too much on 
these specific individuals, as there are probably hundreds of users that 
have done the same thing. Now, if we were to accept my concern that 
Opendata and the CTs are incompatible, these users, along with users not 
listed above, are bringing OSM into disrepute, because they are not 
respecting other's license terms. The fact that they might plan to 
remove the data is in a way irrelevant, they should only agree to the 
CTs after they are in compliance.


Here is a link to a random example, from each of the above contributors:

http://www.openstreetmap.org/browse/node/693084884
http://www.openstreetmap.org/browse/way/58688965
http://www.openstreetmap.org/browse/node/737268177
http://www.openstreetmap.org/browse/node/856782137
http://www.openstreetmap.org/browse/node/753395732
http://www.openstreetmap.org/browse/node/771249204
http://www.openstreetmap.org/browse/node/699639016
http://www.openstreetmap.org/browse/node/719665162
http://www.openstreetmap.org/browse/node/697029337
http://www.openstreetmap.org/browse/node/688497237

The list of people accepting the CTs is here:

http://planet.openstreetmap.org/users_agreed/users_agreed.txt

The only solution is to reject their CTs response until their edits are 
no longer in violation of the Opendata license. Unless I am mistaken in 
my interpretation of the CTs, in which case this might be a non-issue!


Regards,

TimSC


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Frederik Ramm

Hi,

Richard Bullock wrote:

It's on the "Copyright" page though
http://www.openstreetmap.org/copyright
"United Kingdom: Contains Ordnance Survey data © Crown copyright and 
database right 2010."


That is, IIRC, what we were required to state. 


Well in that case, as long as nobody is planning to remove that, we 
should be fine with CT/ODbL?


Bye
Frederik

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Robert Whittaker (OSM)
On 18 April 2011 22:50, Frederik Ramm  wrote:
> TimSC wrote:
>> We do have an imperfect attribution on the wiki [1] for CC attribution.
>> Agreeing to the CTs seems to be a bigger violation than our current
>> practice, because it declares that the contributor has unlimited rights over
>> the data (in order to grant OSMF that right too).
>
> I think that's not correct, at least not for the current version of the
> contributor terms. "Unlimited rights" is certainly a gross overstatement.
> Current CTs only require you to declare that the data you contribute is
> compatible with the current license regime?

No, Clause 2 of the CTs requires you to grant OSMF "a worldwide,
royalty-free, non-exclusive, perpetual, irrevocable licence to do any
act that is restricted by copyright, database right or any related
right over anything within the Contents..." subject only to some
limitations on how OSMF may license the OSM database to others. Those
limitations do not include any obligation for OSMF to ensure future
licences have an attribution clause, and *that* is the problem I'm
trying to highlight -- as it appears to me to prevent the use of any
data sources that require some form of viral attribution, and
specifically OS OpenData.

(Even if you take the view that a link to an OSM "List of
Contributors" page satisfies typical attribution requirements (as we
currently assume), there is nothing in the CTs to guarantee that
future OSM licenses will obligate downstream users to attribute OSM or
link back to such a page.)

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Richard Bullock

I'm an outsider to all this OS business but if you guys in the UK should
really have been uploading data that requires attributing OS in every
downstream product then we have a problem which has nothing whatsover to
do with the license change. I can see *no* OS attribution on any of the
major tile providers, including our own. Of course you can always go to
the source and see from the object history that OS was involved, but
that is a technique that you seem to discount above.

So either this is all a big misunderstanding, or nobody who used OS data
until now has cared sh*t for the license.


It's on the "Copyright" page though

http://www.openstreetmap.org/copyright

"United Kingdom: Contains Ordnance Survey data © Crown copyright and 
database right 2010."


That is, IIRC, what we were required to state. And the original OS OpenData 
license was meant to be explicitly compatible with Creative Commons 
licences. 



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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Ed Avis
Perhaps the best course of action would be for an additional checkbox on the
contributor terms page to say 'I have used OS OpenData'.  Then people would be
able to sign up to support the licence change, if they wish, and it would be up
to the legal people at OSMF to decide whether the data from these OS-using
accounts is clean, or has to be deleted.  But at least then it could be decided
once rather than each mapper having to agonize about it.

-- 
Ed Avis 


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread SteveC

On Apr 18, 2011, at 2:42 PM, TimSC wrote:

> On 18/04/11 22:23, Frederik Ramm wrote:
>> 
>> I'm an outsider to all this OS business but if you guys in the UK should 
>> really have been uploading data that requires attributing OS in every 
>> downstream product then we have a problem which has nothing whatsover to do 
>> with the license change. I can see *no* OS attribution on any of the major 
>> tile providers, including our own. Of course you can always go to the source 
>> and see from the object history that OS was involved, but that is a 
>> technique that you seem to discount above.
>> 
>> So either this is all a big misunderstanding, or nobody who used OS data 
>> until now has cared sh*t for the license.
>> 
>> Now I could understand if someone has always maintained that OS data was 
>> incompatible with OSM and thus refused to use it.
>> 
>> What I cannot understand is if someone has happily used OS data until now, 
>> in the full knowledge that nobody would attribute OS downstream anywhere, 
>> but now says they cannot sign the CT because they codify exactly what has 
>> been happening. Reality check, anyone?
>> 
>> Bye
>> Frederik
>> 
> I actually agree with you Frederik, but the entire project so far overlooks 
> the even bigger problem that CC-by-SA technically demands that every 
> contributor is attributed in every derived work.

"reasonable to the medium" it says in the license. Not "every contributor". It 
would clearly be unreasonable to list tens of thousands of people on a paper 
map, for example.

Steve

stevecoast.com


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Frederik Ramm

Hi,

TimSC wrote:
We do have an 
imperfect attribution on the wiki [1] for CC attribution. Agreeing to 
the CTs seems to be a bigger violation than our current practice, 
because it declares that the contributor has unlimited rights over the 
data (in order to grant OSMF that right too).


I think that's not correct, at least not for the current version of the 
contributor terms. "Unlimited rights" is certainly a gross 
overstatement. Current CTs only require you to declare that the data you 
contribute is compatible with the current license regime?


Bye
Frederik

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread TimSC

On 18/04/11 22:23, Frederik Ramm wrote:


I'm an outsider to all this OS business but if you guys in the UK 
should really have been uploading data that requires attributing OS in 
every downstream product then we have a problem which has nothing 
whatsover to do with the license change. I can see *no* OS attribution 
on any of the major tile providers, including our own. Of course you 
can always go to the source and see from the object history that OS 
was involved, but that is a technique that you seem to discount above.


So either this is all a big misunderstanding, or nobody who used OS 
data until now has cared sh*t for the license.


Now I could understand if someone has always maintained that OS data 
was incompatible with OSM and thus refused to use it.


What I cannot understand is if someone has happily used OS data until 
now, in the full knowledge that nobody would attribute OS downstream 
anywhere, but now says they cannot sign the CT because they codify 
exactly what has been happening. Reality check, anyone?


Bye
Frederik

I actually agree with you Frederik, but the entire project so far 
overlooks the even bigger problem that CC-by-SA technically demands that 
every contributor is attributed in every derived work. Given that we 
ignore that issue, and that OS Opendata is compatible with CC-by and 
that is always compatible with CC-by-SA, we have just imported OS data 
into OSM because the larger attribution issue never was solved. So we 
are all equally guilty.


Now along comes ODbL, which was intended to address shortcomings with 
CC-by-SA. To say we were in technical violation of CC-by-SA doesn't 
justify us going along with ODbL if ODbL is flawed. If anything, we 
should strive to be more legally rigorous, not less. We do have an 
imperfect attribution on the wiki [1] for CC attribution. Agreeing to 
the CTs seems to be a bigger violation than our current practice, 
because it declares that the contributor has unlimited rights over the 
data (in order to grant OSMF that right too). Also, just because OS has 
not complained so far is not a reason to continue to abuse their license.


The solution, as far as I can see, is to improve attribution 
requirements (which would mean rewriting the CTs again) or to remove the 
data. I know Richard thinks Opendata doesn't pose a problem, so there 
may be other answers... I call for LWG to get their analysis of the 
Opendata legal situation done ASAP - that might put minds at rest or 
allow us to get on with fixing the problem.


Regards,

TimSC

[1] http://wiki.openstreetmap.org/wiki/Contributors


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Frederik Ramm

Hi,

TimSC wrote:
Except if someone creates a derivative database based on the main OSM 
database, and strips out the source tags. Or creates a produced works, 
which doesn't carry attribution to OSM but not OS. You also violate the 
CTs.


I'm an outsider to all this OS business but if you guys in the UK should 
really have been uploading data that requires attributing OS in every 
downstream product then we have a problem which has nothing whatsover to 
do with the license change. I can see *no* OS attribution on any of the 
major tile providers, including our own. Of course you can always go to 
the source and see from the object history that OS was involved, but 
that is a technique that you seem to discount above.


So either this is all a big misunderstanding, or nobody who used OS data 
until now has cared sh*t for the license.


Now I could understand if someone has always maintained that OS data was 
incompatible with OSM and thus refused to use it.


What I cannot understand is if someone has happily used OS data until 
now, in the full knowledge that nobody would attribute OS downstream 
anywhere, but now says they cannot sign the CT because they codify 
exactly what has been happening. Reality check, anyone?


Bye
Frederik

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread TimSC

On 18/04/11 21:59, Andy Robinson (blackadder-lists) wrote:


If you make sure your OS derived contributions carry the source information
then that attribution will be in the OSM db for all to see for ever and a
day, regardless of what OSMF does with it in the future under some other
free and open format.
   
Except if someone creates a derivative database based on the main OSM 
database, and strips out the source tags. Or creates a produced works, 
which doesn't carry attribution to OSM but not OS. You also violate the CTs.


Or am I missing something?

TimSC


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Andy Robinson (blackadder-lists)
Robert Whittaker (OSM) [mailto:robert.whittaker+...@gmail.com]wrote
>Sent: 18 April 2011 2:13 PM
>To: Talk-GB@openstreetmap.org
>Subject: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence
>
>I've just declined the new OSM Contributor Terms (CTs), because I've
>previously made edits based on OS OpenData, and my understanding is that
>the Ordnance Survey (OS) OpenData Licence is incompatible with the current
>version of the OSM Contributor Terms (1.2.4).
>
>I appreciate that licence discussion really belongs on legal-talk, but I
thought I
>should post this here about this UK-specific issue -- in order to prevent
people
>signing up to the new CTs without realizing the potential incompatibility
with
>OS OpenData-derived content. My reasoning for the incompatibility is as
>follows:
>
>The OS OpenData License [1] clearly states that any sub-licences must
include
>a specific attribution requirement, and must also enforce a similar
attribution
>requirement on any further downstream usage.

If you make sure your OS derived contributions carry the source information
then that attribution will be in the OSM db for all to see for ever and a
day, regardless of what OSMF does with it in the future under some other
free and open format.

And yes, I have signed up for the CT's and ODbL. I have no qualms at all
about that.

Cheers
Andy


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Richard Fairhurst
Nick Whitelegg wrote:
> So I take it that now I've signed I can't contribute any more OS stuff?

I believe you can and am continuing to use OpenData as often as I did before
(that's "not very often"). Robert believes you can't and has explained why
in this thread.

> there do seem to be slightly differing opinions on this issue.

Indeed. :)

cheers
Richard



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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Nick Whitelegg

I'd just like some clarification on this. I have contributed a very, very small 
amount of data via OS OpenData (Haslemere and Andover IIRC but such a small 
amount that it won't take long to re-survey - feel free to delete any "nickw" 
edits in those areas with source=OS Open Data) but being such a small amount I 
*did* accept the CTs. So I take it that now I've signed I can't contribute any 
more OS stuff? No big deal if so,as almost all my mapping is GPS survey 
sourced, but would like confirmation that this is indeed the case and there do 
seem to be slightly differing opinions on this issue.

Thanks,
Nick

-"Robert Whittaker (OSM)"  wrote: -
To: Talk-GB@openstreetmap.org
From: "Robert Whittaker (OSM)" 
Date: 18/04/2011 02:14PM
Subject: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

I've just declined the new OSM Contributor Terms (CTs), because I've
previously made edits based on OS OpenData, and my understanding is
that the Ordnance Survey (OS) OpenData Licence is incompatible with
the current version of the OSM Contributor Terms (1.2.4).



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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Robert Whittaker (OSM)
On 18 April 2011 16:59, Richard Fairhurst  wrote:
> Robert Whittaker wrote:
>> I've just declined the new OSM Contributor Terms (CTs), because
>> I've previously made edits based on OS OpenData
>
> In which case, I would appreciate it that if you carry out any future
> non-OS-derived edits, you do so from another account with assent to the
> Contributor Terms.
>
> As an Oxfordshire mapper of many years' standing, I don't want the task of
> replacing your edits, post-changeover, to be any harder than it has to be.
> Please at least afford this little courtesy to your fellow mappers.

Don't worry, I've got no intention of letting my non-OS OpenData edits
be deleted from OSM. (And obviously I'd love it if everyone's OS
OpenData-derived edits could be kept too. But legally I don't see how
this is possible with the current CTs.)

My OS OpenData contributions were small in number and were all
attributed either in the source tag or in the changeset comments.
While I have reservations about the CTs, I'd be happy to sign them for
my other edits if/when OSMF figure out a way to separate edits. I'd
also be happy to sign if the CTs can be modified to allow OS OpenData,
or someone can demonstrate how/why it's ok to contribute OS OpenData
under the current CTs. (i.e. if I feel I'm legally able to, I'll sign
them -- so please don't blame me for not accepting them at the
moment.)

LWG are aware of the OS OpenData issue, and I'm sure they'll come up
with a suitable way forward in the near future. Until then I'm
following the advice I got from an LWG member: "...if one wants to
play really safe, decline and wait for developments. Declines are
reversible and the matter will need further resolution before we get
to the point of preventing such folks from editing."

Given the size and number of my non-OS-OpenData contributions, I don't
see that there's much point in creating a new account at this stage.
Any new edits now would be a small fraction of what I've done
previously. And if it turns out OS OpenData isn't allowed at the
switch-over, the UK OSM community will have far bigger problems than
the loss of my edits. So rather than create a new account, I'm
planning to wait to see what OSMF/LWG comes up with in the near
future.

Robert.

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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Richard Fairhurst
Dave F. wrote:
> On 18/04/2011 16:59, Richard Fairhurst wrote:
>> In which case, I would appreciate it that if you carry out any future
>> non-OS-derived edits, you do so from another account with assent to the
>> Contributor Terms.
> Did you mean *non*-OS edits? If so could you expand on that please?

Yes.

Robert has not agreed to the Contributor Terms with his "Robert Whittaker"
account. Therefore, when the changeover happens, all these contributions
will be wiped.

If, however, he creates a new account for non-OS contributions, and assents
to the terms for that account, those non-OS contributions can be retained.

cheers
Richard



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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Dave F.

On 18/04/2011 15:33, Tom Chance wrote:

Robert,

On 18 April 2011 14:12, Robert Whittaker wrote:

I appreciate that licence discussion really belongs on legal-talk, but
I thought I should post this here about this UK-specific issue -- in
order to prevent people signing up to the new CTs without realizing
the potential incompatibility with OS OpenData-derived content.


This debate has been trawled over a number of times on this list 
already. Are you hoping to catch newer subscribers who haven't yet 
experienced the joy of this debate yet?


Indeed it has. However if there's been a conclusive resolution, I've not 
seen it.


If there has been, could you help by referring to it?

Cheers
Dave F.
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Dave F.

On 18/04/2011 16:59, Richard Fairhurst wrote:

Robert Whittaker wrote:

I've just declined the new OSM Contributor Terms (CTs), because
I've previously made edits based on OS OpenData

In which case, I would appreciate it that if you carry out any future
non-OS-derived edits, you do so from another account with assent to the
Contributor Terms.


Did you mean *non*-OS edits? If so could you expand on that please?


As an Oxfordshire mapper of many years' standing, I don't want the task of
replacing your edits, post-changeover, to be any harder than it has to be.
Please at least afford this little courtesy to your fellow mappers.


I find it ironic it was the dissenter who bemoan about loss of existing 
data, yet now it's the assenters.


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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Robert Whittaker (OSM)
On 18 April 2011 15:33, Tom Chance  wrote:
> This debate has been trawled over a number of times on this list already.
> Are you hoping to catch newer subscribers who haven't yet experienced the
> joy of this debate yet?

I'm hoping to catch anyone who might otherwise accidentally sign
something they aren't legally free to sign. I am sure that there are
many people who will assume that the prevalence of OS OpenData in OSM
and its presence in major editors means it is ok for the new CTs,
without giving it a second thought.  There's been at least one case
already on talk@ where someone has signed the CTs and only realised
later that some of the sources they'd used meant they weren't legally
able to do so. We should be doing everything we can to avoid repeats
of this.

As a result of previous discussions about the issue of sources, new
wording was introduced in CT v 1.2.3 that would have made it ok to
sign and having used OS OpenData and other sources. I assumed
everything would be fine at this point. Unfortunately, this wording
was removed again by LWG for CT version 1.2.4. This subtle change
could easily have been missed (it wasn't in the diff for example,
since that highlighted the changes between 1.2.4 and a much earlier
version). Hence those following previous discussions might be under
the (IMO mistaken) impression that it was ok to sign.

>> It is regrettable that OSMF is placing the burden of working out
>> whether contributed data is compatible with the CTs and licences on
>> individual volunteer mappers.
>
> As you later state, they aren't. They are seeking legal advice to help
> contributors.

I don't think asking someone to sign a contract, relying on separate
legal advice presented by the other party is the same thing at all. It
is still up to the individuals to evaluate things themselves. If OSMF
wanted to take this burden away from mappers they would provide an
explicit list of acceptable licences / sources within the contract
itself (or in a normatively linked list).

In any case, the legal advice hasn't arrived yet, and we don't know
what it will say, but we are still being asked to sign the CTs now.

> Perhaps they should specifically warn UK users on the web site
> form that seeks agreement with the CTs until this advice comes in? That
> might be something to constructively lobby for.

I've already suggested to LWG the need for a more general warning
about previously-used sources. In response, an LWG member suggested
that he could post in talk-gb explaining the current (unresolved)
situation with regard to OS OpenData. Unfortunately he didn't post and
the mandatory sign-up started. Hence my post here.

> I agree that the way the OSMF have gone about this process is regrettable in
> a number of respects, but I don't see how stirring this up again helps
> anyone.

My post was not intended to "stir things up" as you put it, but to
remind people to check for themselves whether or not they have legal
ability to sign the CTs before doing so. From the numbers of UK
mappers accepting the CTs, and the prevalence of OS OpenData in OSM, I
would guess that quite a few people have already signed who have made
use of OS OpenData. So either they haven't considered the
incompatibility or have considered it and decided everything is fine.
As far as I can see, it is very clear cut that the two are not
compatible. Maybe I've got it wrong -- in which case I'd be grateful
if someone could explain why my reasoning is incorrect -- though I've
yet to see any convincing arguments for this, either on this list
or elsewhere.

The purpose of the CTs is to end up with a "clean" set of data in
OSM, so allowing people to mistakenly grant OSMF rights they can't
legally grant isn't going to help anyone. Hence my desire to ensure
that people are adequately informed. I'm sorry if you think this is
stirring things up, but I think it's better to be safe than sorry.

--
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Richard Fairhurst
Robert Whittaker wrote:
> I've just declined the new OSM Contributor Terms (CTs), because 
> I've previously made edits based on OS OpenData

In which case, I would appreciate it that if you carry out any future
non-OS-derived edits, you do so from another account with assent to the
Contributor Terms.

As an Oxfordshire mapper of many years' standing, I don't want the task of
replacing your edits, post-changeover, to be any harder than it has to be.
Please at least afford this little courtesy to your fellow mappers.

cheers
Richard



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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Tom Chance
Robert,

On 18 April 2011 14:12, Robert Whittaker wrote:
>
> I appreciate that licence discussion really belongs on legal-talk, but
> I thought I should post this here about this UK-specific issue -- in
> order to prevent people signing up to the new CTs without realizing
> the potential incompatibility with OS OpenData-derived content.
>

This debate has been trawled over a number of times on this list already.
Are you hoping to catch newer subscribers who haven't yet experienced the
joy of this debate yet?


It is regrettable that OSMF is placing the burden of working out
> whether contributed data is compatible with the CTs and licences on
> individual volunteer mappers.


As you later state, they aren't. They are seeking legal advice to help
contributors. Perhaps they should specifically warn UK users on the web site
form that seeks agreement with the CTs until this advice comes in? That
might be something to constructively lobby for.

I agree that the way the OSMF have gone about this process is regrettable in
a number of respects, but I don't see how stirring this up again helps
anyone.

Regards,
Tom

-- 
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Re: [Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Andrew
Robert Whittaker (OSM  writes:

> 
> I've just declined the new OSM Contributor Terms (CTs)

I wish to put it on record that I have signed up to the ODBL and CTs. I also 
wish to put it on record that I have contributed mapping based on OS Opendata 
both before and after signing up. The OSM Foundation and anyone else who 
thinks they have standing are welcome to take whatever action they think 
appropriate.

--
Andrew


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[Talk-GB] OSM Contributor Terms vs OS OpenData Licence

2011-04-18 Thread Robert Whittaker (OSM)
I've just declined the new OSM Contributor Terms (CTs), because I've
previously made edits based on OS OpenData, and my understanding is
that the Ordnance Survey (OS) OpenData Licence is incompatible with
the current version of the OSM Contributor Terms (1.2.4).

I appreciate that licence discussion really belongs on legal-talk, but
I thought I should post this here about this UK-specific issue -- in
order to prevent people signing up to the new CTs without realizing
the potential incompatibility with OS OpenData-derived content. My
reasoning for the incompatibility is as follows:

The OS OpenData License [1] clearly states that any sub-licences must
include a specific attribution requirement, and must also enforce a
similar attribution requirement on any further downstream usage.

However, clauses 2 and 3 of the OSM Contributor Terms [2] require
mappers to grant particular rights to OSMF for future and past
contributions. In particular, these rights are sufficient to give OSMF
the ability to release contributions under a licence that need not
require any attribution (it need only be "free and open"). There is no
mention in the CTs of enforcing any attribution requirements in
possible future OSM licences.

(The facts that a vote of contributors are required for such a change,
and that OSMF would clearly do their best to remove any infringing
content before re-licensing are immaterial here. The right to
distribute the data in the future with no attribution requirement is
included in the rights grant required by clause 2, but this is not
permitted under the terms of the OS OpenData Licence. There is a
requirement in the CTs that OSMF will attribute sources, but no
requirement for this to be passed on to downstream users by whatever
licence OSM data is released under.)

It is regrettable that OSMF is placing the burden of working out
whether contributed data is compatible with the CTs and licences on
individual volunteer mappers. So it's up to you to make your own
decision on whether you're able to make the rights grant specified in
CTs Clause 2, for any particular source. When you're reading the new
terms and considering what to do, you may or may not come to the same
conclusion I have done above with regards OS OpenData...

As to where this might leave the use of OS OpenData in OSM if I'm
right, I'm not sure. A recent post from an LWG member [3] suggests
they'd like mappers to be able to use imports / derived content if
they are compatible with the current licence as long as they don't
overly burden future licence changes, but haven't figured out a formal
mechanism for allowing it yet in the CTs.

I think it is most unfortunate that OSMF are pushing ahead with these
CT changes without clarity on the status of such imports in general,
and OS OpenData-derived content in particular. OSMF/LWG are still
waiting for a legal review of the OS OpenData licence and how it
interacts with ODbL and the CTs. Nevertheless, it seems clear enough
to me that OS OpenData is incompatible with the current CTs for the
reasons outlined above. I am also unconvinced that the attribution
requirements of the OS OpenData Licence are compatible with those of
ODbL and DbCL, though that is debated by others. I think we'll have to
wait for the outcome of the legal review, and to see if/how LWG will
modify the CTs to allow OS OpenData-derived information to be
contributed (if this turns out to be necessary and desirable).

Robert.

[1] http://www.ordnancesurvey.co.uk/opendata/docs/os-opendata-licence.pdf
[2] http://www.osmfoundation.org/wiki/License/Contributor_Terms
[3] http://lists.openstreetmap.org/pipermail/legal-talk/2011-April/005964.html

-- 
Robert Whittaker

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