Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Erik Johansson
On Wed, Oct 28, 2009 at 9:08 PM, Matt Amos wrote: > On 10/28/09, Ed Avis wrote: >> Matt Amos writes: >> >>>let's assume some data are taken and modified and used to generate >>>tiles. the ODbL would require that the modified data are made >>>available, regardless of the license of the tiles. if

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis wrote: > Matt Amos writes: > >>these sites are in non-compliance with the license >>http://wiki.openstreetmap.org/wiki/Lacking_proper_attribution > > Would switching to ODBL (or any licence) solve this particular problem? quite possibly, since ODbL or PD would allow the tile

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis wrote: > Matt Amos writes: > >>let's assume some data are taken and modified and used to generate >>tiles. the ODbL would require that the modified data are made >>available, regardless of the license of the tiles. if the data were >>effectively-PD then there would be no requ

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >let's assume some data are taken and modified and used to generate >tiles. the ODbL would require that the modified data are made >available, regardless of the license of the tiles. if the data were >effectively-PD then there would be no requirement to make the modified >data a

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 5:16 PM, Ed Avis wrote: > Essentially, in any place where map data can be publicly seen (e.g. on a > website) but yet not freely copied (because of copyright or database rights), > the share-alike licence needs to neutralize those rights, to make sure they > are passed on t

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >these sites are in non-compliance with the license >http://wiki.openstreetmap.org/wiki/Lacking_proper_attribution Would switching to ODBL (or any licence) solve this particular problem? >in any case, it's not useful to talk about people "stealing" the data >- anyone can take

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >>In my ideal ponies world the database itself would be CC-compatible, so >>people could generate excerpts ('list of all pubs in Swindon') and include >>that in CC works. > >would the list of all pubs in Swindon be a database, or a produced >work? if it's included, formatted as

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 3:24 PM, Ed Avis wrote: > Matt Amos writes: > let's say, for a moment, that CC BY-SA definitely doesn't work and isn't an option. what would you do? if you'd move to a new license, which license? > >>>I would prefer one which is CC-compatible, > >>which bits ne

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 3:14 PM, Ed Avis wrote: > Tom Hughes writes: > >>>But strong claims require strong evidence.  To claim that CC-BY-SA is >>>'dreadful' requires, IMHO, evidence of real rather than theoretical cases >>>where it's holding back the goal of free map data.  You might tell me tha

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >>>let's say, for a moment, that CC BY-SA definitely doesn't work and >>>isn't an option. what would you do? if you'd move to a new license, >>>which license? >>I would prefer one which is CC-compatible, >which bits need to be CC-compatible? any "produced work", i.e: tiles, >c

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Frederik Ramm writes: >>In general, the ideal licence would not need to be fully watertight in >>all jurisdictions, but only strong enough to provide a good deterrent >>in practice for most individuals and companies. > >What would you want to deter them from? I meant to say 'deterrent against re

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Tom Hughes writes: >>But strong claims require strong evidence. To claim that CC-BY-SA is >>'dreadful' requires, IMHO, evidence of real rather than theoretical cases >>where it's holding back the goal of free map data. You might tell me that >>the fence around my field is completely ineffective

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Frederik Ramm
Hi, Ed Avis wrote: > In general, the ideal licence would not need to be fully watertight in > all jurisdictions, but only strong enough to provide a good deterrent > in practice for most individuals and companies. What would you want to deter them from? Bye Frederik ___

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 2:54 PM, Ed Avis wrote: > Matt Amos writes: >>we at the LWG have been working very hard to produce the >>license that we think the majority of OSM contributors want. a large >>amount of previous discussion on this and the talk MLs has suggested >>that share-alike is a much

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Tom Hughes
On 28/10/09 14:40, Ed Avis wrote: > But strong claims require strong evidence. To claim that CC-BY-SA is > 'dreadful' requires, IMHO, evidence of real rather than theoretical cases > where it's holding back the goal of free map data. You might tell me that > the fence around my field is complete

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Andy Allan
On Wed, Oct 28, 2009 at 2:40 PM, Ed Avis wrote: > I'd be a lot more persuaded if there were evidence of a real, occurring > problem rather than a theoretical one. [snip] Or in other words, you still believe the the CC-BY-SA license is fine, all the re-licensing stuff isn't worth it, and you don

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >there has been some FUD about these "deletions" of data. let me say it >here: no data will be deleted. if the re-licensing goes ahead then all >of the data that everyone has contributed would be made available >through dumps. Right. I think everyone understands that, but for

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Andy Allan
On Wed, Oct 28, 2009 at 2:28 PM, Frederik Ramm wrote: > I'm not saying that Creative Commons are always right, but trying to > make it sound as if they were endorsing OdBL is a bit heavy. I'm not sure where I mentioned the OdBL? I'm just trying to make the point to Ed that his desire to continue

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 2:28 PM, Frederik Ramm wrote: > Andy Allan wrote: >> That is, Creative Commons have advised >> us, and everyone else, to not use CCBYSA for data. It doesn't come >> more plain than that. > > I'm not saying that Creative Commons are always right, but trying to > make it soun

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Andy Allan writes: >> Even if you agree that CC-BY-SA is less than ideal, > >It's not "less than ideal". It's dreadful. The OSMF license team have >created a document explaining why. We've had lawyers confirming that >it probably doesn't work. Even the people who created it say that it >should no

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Frederik Ramm
Hi, Andy Allan wrote: > That is, Creative Commons have advised > us, and everyone else, to not use CCBYSA for data. It doesn't come > more plain than that. I would very much appreciate if *everyone* who invokes Creative Commons saying that CC-BY-SA is not suitable for data would also add the sec

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:47 PM, Ed Avis wrote: > Remember, though, that there are huge transaction costs associated with any > licence switch.  Even if you agree that CC-BY-SA is less than ideal, it might > be better than deleting big chunks out of the database and alienating parts > of the contr

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Andy Allan
On Wed, Oct 28, 2009 at 1:47 PM, Ed Avis wrote: >  Even if you agree that CC-BY-SA is less than ideal, It's not "less than ideal". It's dreadful. The OSMF license team have created a document explaining why. We've had lawyers confirming that it probably doesn't work. Even the people who created i

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 1:19 PM, Ed Avis wrote: > Matt Amos writes: >>Dr Evil doesn't need an unlimited legal budget - he just needs to live >>in a country where non-creative data isn't copyrightable. > > ...and in a country where it is crystal clear that the OSM data is > 'non-creative'.  That p

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Frederik Ramm writes: >Indeed, the >very first "official" statements from OSMF already contained what is >still the official chicken wording today: "[A PD license is] unlikely to >be adopted by all.", or "unlikely to be palatable to many OSM contributors". >Which is strange, given that it is

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >>If someone is taking OSM data and misusing it secretly, then they would >>be able to continue doing that whatever licence was chosen.  So we only >>need to consider cases where a violation becomes publicly known. > >my point was more like "there's no evidence yet". just becaus

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Frederik Ramm
Hi, Ed Avis wrote: >> if we carry on licensing CC BY-SA we may get to the state where CC >> BY-SA is challenged. if the challenge is in the US, i think there's a >> good chance of OSMF losing, > > Would that be such a disaster? If such a precedent were set, then any > factual data derived from O

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 12:20 PM, Ed Avis wrote: > Matt Amos writes: > >>>I happily support the status quo, where map data is freely available >>>under CC share-alike terms, and I see no evidence of evil mapmakers copying >>>it with impunity. >> >>absence of evidence isn't evidence of absence, an

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Frederik Ramm writes: >You seem to be saying: > >1. there is no proof that CC-BY-SA doesn't work; > >2. there is danger that anything based on contract law weakens the >protection we have for our data (because breach of contract doesn't give >us a strong handle) > >3. you accept that CC-BY-SA u

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >>I happily support the status quo, where map data is freely available >>under CC share-alike terms, and I see no evidence of evil mapmakers copying >>it with impunity. > >absence of evidence isn't evidence of absence, and so forth If someone is taking OSM data and misusing it

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Matt Amos
On Wed, Oct 28, 2009 at 11:20 AM, Ed Avis wrote: > Matt Amos writes: > you'd happily support distributing the data under a license which is not likely to protect it? > > I happily support the status quo, where map data is freely available > under CC share-alike terms, and I see no evidenc

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Frederik Ramm
Ed, I don't quite follow your logic. You seem to be saying: 1. there is no proof that CC-BY-SA doesn't work; 2. there is danger that anything based on contract law weakens the protection we have for our data (because breach of contract doesn't give us a strong handle) 3. you accept that

Re: [OSM-legal-talk] ODBL enforcement: contract law and remedies

2009-10-28 Thread Ed Avis
Matt Amos writes: >>>you'd happily support distributing the data under a license which is >>>not likely to protect it? I happily support the status quo, where map data is freely available under CC share-alike terms, and I see no evidence of evil mapmakers copying it with impunity. >>I think he'

Re: [OSM-legal-talk] What should be considered legal?

2009-10-28 Thread rhn
Martin Koppenhoefer wrote: >> Thanks. The reason I asked that was that I frequently forget where the GPS >> trace was taken - was it a road or a track, which village or whatever else. >> This usually happens in areas where OSM map is pitch white :) Yahoo maps >> aren't very helpful there either.