Re: [OSM-dev] licensing question

2010-08-05 Thread Ævar Arnfjörð Bjarmason
On Wed, Aug 4, 2010 at 21:55, Jim Burt jimb...@gmail.com wrote:
 Greetings,
 I'm interested in using OpenStreetMap for an internally facing website for
 my company (no public access). This is going to be a small app with very
 limited users and page views.

 I've reviewed the licensing, and this appears to be acceptable use. Can
 anyone confirm this?

Yes, I'm also pretty sure that you can just completely ignore the
license since you're only using the data within your own organization.
The licence only kicks in when you're doing re-distribution to third
parties.

(See e.g. Google's use of Linux, they don't re-distribute their
changes, and don't have to)

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Re: [OSM-dev] licensing question

2010-08-05 Thread Serge Wroclawski
On Thu, Aug 5, 2010 at 7:32 AM, Ævar Arnfjörð Bjarmason
ava...@gmail.com wrote:

 Yes, I'm also pretty sure that you can just completely ignore the
 license since you're only using the data within your own organization.
 The licence only kicks in when you're doing re-distribution to third
 parties.

 (See e.g. Google's use of Linux, they don't re-distribute their
 changes, and don't have to)

That's a feature of the license, not of licensing schemes.

A license may have any number of terms in. It might say that any
changes (internal or not) are required to be redistributed back to the
upstream provider. This is a term that the original Plan 9 license
had, for example.

The issue of Redistribution is complicated by the fact that various
licenses use the term and some use other terms. For example the term
is removed from GPLv3 and replaced with the word Convey, which is
defined[1]. The ODbL also uses the term Convey and defines it
differently and then uses the term Re-utilization to mean something
similar to what GPLv3 calls Convey.

The various licenses have various terms of usage, and I think what you
(Ævar) are referring to is that GPL says in section 9 that acceptance
of the license isn't required for anything other than modification and
conveyance. But that's a feature of the GPL's wording. Similarly ODbL
(and I'm only using ODbL because it's more clear)'s section 4 has
fewer requirements for internal use than public use.

In other words, the OP does have to comply to the license internally,
but the burden of doing so for internal use is very low.

- Serge

[1] Defining what might otherwise seem straightforward terms is pretty
common in contracts and actually clarifies what might otherwise be
murky waters.

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Re: [OSM-dev] licensing question

2010-08-05 Thread Pieren
On Thu, Aug 5, 2010 at 1:32 PM, Ævar Arnfjörð Bjarmason ava...@gmail.comwrote:

 Yes, I'm also pretty sure that you can just completely ignore the
 license since you're only using the data within your own organization.
 The licence only kicks in when you're doing re-distribution to third
 parties.


Could you point out in the license text where own organization and third
party are defined and where it says that CC or BY do not apply for the
first ?
One point is to say as soon as it stays internal, any license terms
infringement will not be visible. Another is to say that the license does
not apply inside organisations.

And yes, it's the wrong list for such discussion. Have a look at
http://wiki.openstreetmap.org/wiki/Contact for the legal talks.

Pieren
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Re: [OSM-dev] licensing question

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 8:08 AM, Serge Wroclawski emac...@gmail.com wrote:
 A license may have any number of terms in. It might say that any
 changes (internal or not) are required to be redistributed back to the
 upstream provider. This is a term that the original Plan 9 license
 had, for example.

It might, but then, that clause might not be enforcible, any more than
a clause in a coloring book which says you aren't allowed to color the
grass red.  This of course could vary from jurisdiction to
jurisdiction as well.

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Re: [OSM-dev] licensing question

2010-08-05 Thread Ævar Arnfjörð Bjarmason
On Thu, Aug 5, 2010 at 12:31, Pieren pier...@gmail.com wrote:
 On Thu, Aug 5, 2010 at 1:32 PM, Ævar Arnfjörð Bjarmason ava...@gmail.com
 wrote:

 Yes, I'm also pretty sure that you can just completely ignore the
 license since you're only using the data within your own organization.
 The licence only kicks in when you're doing re-distribution to third
 parties.


 Could you point out in the license text where own organization and third
 party are defined and where it says that CC or BY do not apply for the
 first ?

Copyright law covers distribution. As long as you're not distributing
a work to third parties you don't have to worry about it.

If you haven't signed a contract nobody can force you to adhare to a
license for a copyrighted work until you start distributing it. I can
scribble on my Sunday newspaper without caring about copyright, but if
I distribute it to other people I have to start worrying.

The same thing applies to corporations. The Sunday Newspaper Inc. can
distribute a proprietary third-party image around their office while
they're deciding what to do with it. They don't have to worry about
contacting someone else for royalties until they put it in print and
thus start distributing the work to third parties.

So I don't see why someone couldn't completely ignore the CC-BY-SA
when using OSM for personal or intra-office use. They're not
re-distributing anything, so the licenes doesn't apply.

The above is just my understanding of copyright law. I'm not a lawyer
and it may all be BS. But as far as I can see it's backed up by
several examples in the wild.

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Re: [OSM-dev] licensing question

2010-08-05 Thread andrzej zaborowski
Hi,

On 5 August 2010 14:08, Serge Wroclawski emac...@gmail.com wrote:
 On Thu, Aug 5, 2010 at 7:32 AM, Ævar Arnfjörð Bjarmason
 ava...@gmail.com wrote:
 Yes, I'm also pretty sure that you can just completely ignore the
 license since you're only using the data within your own organization.
 The licence only kicks in when you're doing re-distribution to third
 parties.

 (See e.g. Google's use of Linux, they don't re-distribute their
 changes, and don't have to)

 That's a feature of the license, not of licensing schemes.

 A license may have any number of terms in. It might say that any
 changes (internal or not) are required to be redistributed back to the
 upstream provider. This is a term that the original Plan 9 license
 had, for example.

There are conditions in which the organisation will be considered the
user of the data, and not the individuals in the organisation.
Similarly the organisation can be party to the ODbL contract instead
of an employee.  Surely one of these conditions is that the employment
contracts of all the employees oblige them to protect the company's ip
and obey contracts the company has with others (and most employment
contracts do say that).  So in these conditions, as Ævar says, they
can do whatever they want internally. IMO

On that note the debian free software guidelines do include a test
that can be applied to a license text that ensure users don't have to
do anything unless they redistribute the binaries for example (the
desert island test).

Cheers

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Re: [OSM-dev] licensing question

2010-08-05 Thread Iván Sánchez Ortega
El día Thursday 05 August 2010 16:27:49, andrzej zaborowski dijo:
 On that note the debian free software guidelines do include a test
 that can be applied to a license text that ensure users don't have to
 do anything unless they redistribute the binaries for example (the
 desert island test).

And we have the cake test, inspired by the DFSG:

http://blog.okfn.org/2010/03/15/the-cake-test-of-freedom/

-- 
Iván Sánchez Ortega i...@sanchezortega.es

Un ordenador no es una televisión ni un microondas: es una herramienta 
compleja.

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Re: [OSM-dev] licensing question

2010-08-05 Thread Emilie Laffray
2010/8/5 Iván Sánchez Ortega i...@sanchezortega.es



 And we have the cake test, inspired by the DFSG:

 http://blog.okfn.org/2010/03/15/the-cake-test-of-freedom/


But the cake is a lie.

Emilie Laffray
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[OSM-dev] licensing question

2010-08-04 Thread Jim Burt
Greetings,
I'm interested in using OpenStreetMap for an internally facing website for
my company (no public access). This is going to be a small app with very
limited users and page views.

I've reviewed the licensing, and this appears to be acceptable use. Can
anyone confirm this?

If this is addressed elsewhere, or I'm asking in the wrong list, please
point me in the correct direct.
Regards,
Jim
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Re: [OSM-dev] licensing question

2010-08-04 Thread Iván Sánchez Ortega
On Wednesday 04 August 2010 23:55:03 Jim Burt wrote:
 I'm interested in using OpenStreetMap for an internally facing website for
 my company (no public access). This is going to be a small app with very
 limited users and page views.

 I've reviewed the licensing, and this appears to be acceptable use. Can
 anyone confirm this?

Yep, no problem. 

Anyway, please do say somewhere that the data comes from OSM. Share-alike 
provisions won't kick in, as you're not redistributing the data. And low page 
views = no problems with the tile usage policy.


 If this is addressed elsewhere, or I'm asking in the wrong list, please
 point me in the correct direct.

Well, this should belong to legal@, but don't sweat about it.

Cheers,
-- 
--
Iván Sánchez Ortega i...@sanchezortega.es

http://ivan.sanchezortega.es
MSN:i_eat_s_p_a_m_for_breakf...@hotmail.com
Jabber:ivansanc...@jabber.org ; ivansanc...@kdetalk.net
IRC: ivansanchez @ OFTC  freenode

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Re: [OSM-dev] licensing question

2010-08-04 Thread Jim Burt
Thanks. We'll definitely credit accordingly.
Regards,
Jim


On 8/4/10, Iván Sánchez Ortega i...@sanchezortega.es wrote:
 On Wednesday 04 August 2010 23:55:03 Jim Burt wrote:
 I'm interested in using OpenStreetMap for an internally facing website for
 my company (no public access). This is going to be a small app with very
 limited users and page views.

 I've reviewed the licensing, and this appears to be acceptable use. Can
 anyone confirm this?

 Yep, no problem.

 Anyway, please do say somewhere that the data comes from OSM. Share-alike
 provisions won't kick in, as you're not redistributing the data. And low
 page
 views = no problems with the tile usage policy.


 If this is addressed elsewhere, or I'm asking in the wrong list, please
 point me in the correct direct.

 Well, this should belong to legal@, but don't sweat about it.

 Cheers,
 --
 --
 Iván Sánchez Ortega i...@sanchezortega.es

 http://ivan.sanchezortega.es
 MSN:i_eat_s_p_a_m_for_breakf...@hotmail.com
 Jabber:ivansanc...@jabber.org ; ivansanc...@kdetalk.net
 IRC: ivansanchez @ OFTC  freenode


-- 
Sent from my mobile device

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