Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Rob Myers
On 07/16/2010 01:01 PM, James Livingston wrote: On 16/07/2010, at 6:35 PM, Rob Myers wrote: ODbL is a comparable licence to BY-SA, with the main change being that it has actually been written to cover data. If people don't relicence because they are afraid not enough people will relicence

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Rob Myers
On 07/16/2010 04:33 PM, Anthony wrote: On Fri, Jul 16, 2010 at 5:19 AM, Rob Myers r...@robmyers.org mailto:r...@robmyers.org wrote: On 07/16/2010 10:05 AM, Anthony wrote: BY-SA almost certainly applies to the OSM database as a whole, even if it doesn't apply to some

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Rob Myers
On 07/16/2010 05:11 PM, Rob Myers wrote: Science Commons seem to think copyright doesn't apply to databases, In the US. OKFN seem to think it might. - Rob. ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-15 Thread Rob Myers
On 07/14/2010 12:32 PM, Andy Allan wrote: On Wed, Jul 14, 2010 at 12:12 PM, 80n80n...@gmail.com wrote: The correct way to re-license a project is to fork it. I whole-heartedly disagree. Do you think that wikipedia should have forked for their relicensing? Or Mozilla? They managed to find

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-15 Thread Rob Myers
On 07/15/2010 10:38 AM, John Smith wrote: On 15 July 2010 18:55, Rob Myersr...@robmyers.org wrote: OSM has a clear mandate for the change. A majority (more than half) of the electorate voted, and a clear majority of the votes were for the change. Less than 49% of those eligible to vote,

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-15 Thread Rob Myers
On 07/15/2010 10:37 PM, John Smith wrote: On 16 July 2010 00:48, Rob Myersr...@robmyers.org wrote: More than half. And within that more than half, the vote was overwhelming. Which is amusing, because it wouldn't have passed if few people that disagreed hadn't voted. Counterfactuals don't

Re: [OSM-legal-talk] Viral can be nice

2010-04-22 Thread Rob Myers
On Thu, 22 Apr 2010 09:47:47 +0200, Erik Johansson erjo...@gmail.com wrote: If ODBL existed in the same variants as CC does, this would be easier. I support CC very strongly, but I don't recommend licence variants. They make things even more confusing and incompatible. OSM can be viewed as

Re: [OSM-legal-talk] [OSM-talk] OSM 3 GeoNames = GeoNames 3 OSM =)

2010-03-05 Thread Rob Myers
On 05/03/10 20:16, Liz wrote: On Sat, 6 Mar 2010, elf Pavlik wrote: Hello Everyone! I just asked on GeoNames mailing list why they don't use OSM for their map functionality. http://groups.google.com/group/geonames/t/ec02877f850cf6c7 A person named Marc responded that OSM share-alike

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Rob Myers
On 01/01/10 17:40, Anthony wrote: On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires in the current draft is for you to effectively give up your copyright

Re: [OSM-legal-talk] ODbL Enforcement (Re: OBbL and forks)

2009-12-12 Thread Rob Myers
On 12/12/09 11:49, Frederik Ramm wrote: but even with ODbL in place and considering the best interests of the project as a whole, for me it would be perfectly sufficient to be able to say publicly that X is using OSM illegally. Rather than naming and shaming, the FSF and the SFLC always

Re: [OSM-legal-talk] ODbL Enforcement (Re: OBbL and forks)

2009-12-12 Thread Rob Myers
On 12/12/09 12:27, Frederik Ramm wrote: Agreed, although this of course requires determined and capable people to do the work. If there are such people in OSM who do that voluntarily then that's good. If there are no such people then I would object to spending money to hire them from

Re: [OSM-legal-talk] OBbL and forks

2009-12-11 Thread Rob Myers
On 11/12/09 10:26, James Livingston wrote: * You wouldn't be able to use data you personally collected, except under the ODbL (the last part of the second sentence on the second paragraph above). I believe that the FSF copyright assignment scheme licences your work back to you once you sign

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Rob Myers
2009/12/8 mapp...@sheerman-chase.org.uk: A quick question for the legal people: does ODbL allow the project to be forked? Yes. The fork must be under the ODbL. (I am not a lawyer, etc.) - Rob. ___ legal-talk mailing list

Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-25 Thread Rob Myers
SteveC wrote: No I think there are some substantial issues, but they're inflated because of the PoV. I didn't have a chance to get to Science Commons while I was in Boston last week but I did talk to various people who are Smarter Than Me (tm) from the FSF and CC and none of them supported

Re: [OSM-legal-talk] Are Produced Works anti-share alike?

2009-03-06 Thread Rob Myers
On Fri, Mar 6, 2009 at 4:51 PM, Richard Fairhurst rich...@systemed.net wrote: 1. Creative Commons licences define Work (which you're quoting in the case of 4a) as the copyrightable work of authorship offered under the terms of this License (1e). I.e., as we know by now, CC-BY-SA is defined and

Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-02 Thread Rob Myers
On Sun, Mar 1, 2009 at 11:37 PM, Simon Ward si...@bleah.co.uk wrote: On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote: Creative Commons license (by-sa). or under the ODbL. If you choose not to give us your email address, or your email address stops working, you waive all right to

Re: [OSM-legal-talk] Concerns about ODbL

2009-03-02 Thread Rob Myers
On Mon, Mar 2, 2009 at 12:40 PM, jean-christophe.haes...@dianosis.org wrote: I found out recently about the license change issue, and I discover with fear that everything looks decided. I feel I'm being rushed. The licence discussion has been going on for a couple of *years* now. It needs

Re: [OSM-legal-talk] Concerns about ODbL

2009-03-02 Thread Rob Myers
On Mon, Mar 2, 2009 at 2:35 PM, OJ W ojwli...@googlemail.com wrote: On Mon, Mar 2, 2009 at 1:56 PM, Frederik Ramm frede...@remote.org wrote: OJ W wrote: the ability to create an uncopiable map image from OSM data does seem to have appeared in the ODbL license? You can create an image and

Re: [OSM-legal-talk] compatibility with CC licenses

2009-03-01 Thread Rob Myers
John Wilbanks wrote: (although I find the idea that freedom can only come from the barrel of a license deeply depressing). That's CC Zero out of the running then. If Big Company decides to run a mechanical turk contest on Amazon to extract facts from your DB one at a time, do they violate

Re: [OSM-legal-talk] legal-talk Digest, Vol 31, Issue 4

2009-03-01 Thread Rob Myers
John Wilbanks wrote: This is why if you peruse the CC0 site, you'll see it referred to as a legal tool and not a license. It's a small thing, but an important thing to remember. Conflating the waiving of rights with the licensing of rights is what we're trying to avoid in this context.

Re: [OSM-legal-talk] A Creative Commons iCommons license

2009-02-28 Thread Rob Myers
Very roughly (I'm generalising here), in both cases, Derivatives refer = to a situation where the entire result is copyleft, Collectives refer to something where only part of it is.=20 A collective work includes the untransformed work. A derivative work adapts it in some way. One can claim

Re: [OSM-legal-talk] 23rd Dec board meeting

2009-01-26 Thread Rob Myers
MJ Ray wrote: As I understand it, once the trademark registration is confirmed (no matter who to), unauthorised commercial use of the mark becomes a criminal act punishable by unlimited fines and up to 10 years prison. Has a written license been granted, or are you expecting people not to

Re: [OSM-legal-talk] Licensing Working Group report, 2009/01/22

2009-01-25 Thread Rob Myers
andrzej zaborowski wrote: Also a different question is bothering me. The old license is the well known CC-BY-SA, so it is automatically compatible with sources (and consumers) using the same license. So, say I've uploaded a lot of information based on wikipedia, conscious that I'm uploading

Re: [OSM-legal-talk] Open Data Licence (Re: 23rd Dec board meeting)

2009-01-25 Thread Rob Myers
Simon Ward wrote: I can’t help but think it would be more with the spirit of the project to have open development of the licence, and that it would have been beneficial if this had been an open development much earlier. I've submitted comments on previous drafts of the licence via the blog it

Re: [OSM-legal-talk] Open Data Licence (Re: 23rd Dec board meeting)

2009-01-25 Thread Rob Myers
Please don't post personal emails when discussing trustworthiness. :-( - Rob. signature.asc Description: OpenPGP digital signature ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Licensing Working Group report, 2009/01/22

2009-01-25 Thread Rob Myers
Peter Miller wrote: I suggest that a decision made on the basis of a vote if preferable to one made on the basis of who shouts loudest and is also better than one made 'be decree' (which is what I think is being considered at present). Frederik's email of 16.40 covers what I would like

Re: [OSM-legal-talk] Licensing Working Group report, 2009/01/22

2009-01-25 Thread Rob Myers
Rob Myers wrote: Peter Miller wrote: I suggest that a decision made on the basis of a vote if preferable to one made on the basis of who shouts loudest and is also better than one made 'be decree' (which is what I think is being considered at present). Frederik's email of 16.40

Re: [OSM-legal-talk] 'Fair Use'

2009-01-12 Thread Rob Myers
On Mon, Jan 12, 2009 at 1:37 PM, Peter Miller peter.mil...@itoworld.com wrote: What information can we use from these sources under 'fair use' rules? Under English Welsh or European law, none. There's no Fair Use exception here. Under American law, whatever you can get away with in court. I

Re: [OSM-legal-talk] License clarification question

2008-12-23 Thread Rob Myers
Nathan Vander Wilt wrote: For example, if a photographer geotags a picture using OSM, what are the chances of a local surveyor (or any other contributor) wanting to decide how that copy of the photograph must then be licensed? Zero. (I am not a lawyer, this is not legal advice.) -

Re: [OSM-legal-talk] Custom Data Formats? Data Filtering?

2008-12-08 Thread Rob Myers
I am not a lawyer, this is not legal advice. On Mon, Dec 8, 2008 at 12:48 PM, brendan barrett [EMAIL PROTECTED] wrote: 1. Would I be allowed to leave out the user and timestamp tags in the version that I create? Could I leave out any unnecessary tags (there are a few)? Yes, you can. The

Re: [OSM-legal-talk] ODbL modules?

2008-11-14 Thread Rob Myers
Frederik Ramm wrote: In my eyes this modular nonsense is actually the greatest problem with the CC licenses and I'm happy not to see it repeated here. A little harsh but I do agree that licence proliferation is a bad thing. ODbL should not support it. - Rob. signature.asc Description:

Re: [OSM-legal-talk] Possible license violation at geocommons.com

2008-10-29 Thread Rob Myers
On Wed, Oct 29, 2008 at 2:49 PM, Andrew Turner [EMAIL PROTECTED] wrote: I strongly recommend that any first contacts be much more friendly, point out potential issues and offer reasonings and a way to enter into discussion to do things correctly. Yes I think this is important. The Creative

Re: [OSM-legal-talk] More free data and share-alike morality bumf

2008-10-28 Thread Rob Myers
IANAL, TINLA. On Mon, Oct 27, 2008 at 11:53 PM, Simon Ward [EMAIL PROTECTED] wrote: I'd rather it need not be legally binding, just automatic. The problem is that the laws to restrict exist at all, not the philosophy behind keeping things free. The laws that do or do not restrict data are

Re: [OSM-legal-talk] Requiring free of charge for db redistribution on Internet

2008-10-27 Thread Rob Myers
On Mon, Oct 27, 2008 at 1:16 PM, Robert (Jamie) Munro [EMAIL PROTECTED] wrote: Andy answered that in the message you are replying to, but you edited his answer out. D'oh. Sorry about that. :-( - Rob. ___ legal-talk mailing list

Re: [OSM-legal-talk] Circumnavigating Share-Alike through software / now and future

2008-10-27 Thread Rob Myers
On Mon, Oct 27, 2008 at 12:45 PM, Frederik Ramm [EMAIL PROTECTED] wrote: If you instead give the customer a heavily DRMed and encrypted version of your data, together with some decryption/processing software and with an OSM data file, and make it so that the PDF is generated on the customer's

Re: [OSM-legal-talk] Explicitly adding some licenses in 4.4 iii

2008-10-27 Thread Rob Myers
On Mon, Oct 27, 2008 at 1:35 PM, Philipp Klaus Krause [EMAIL PROTECTED] wrote: One of the main problems with sharealike/copyleft is the large number of incompatible licenses. I suggest explicitly adding some important such licenses to 4.4 iii, so we don't lock too many other free communities

Re: [OSM-legal-talk] Circumnavigating Share-Alike through software / now and future

2008-10-27 Thread Rob Myers
IANAL, TINLA. On Mon, Oct 27, 2008 at 2:54 PM, Frederik Ramm [EMAIL PROTECTED] wrote: My example above did *not* contain distribution of any OSM-derived work. The items that were distributed were (a) proprietary software, (b) proprietary data, and (c) unaltered OSM data. (c) is distribution

Re: [OSM-legal-talk] Making OSM Public domain

2008-10-26 Thread Rob Myers
Philipp Klaus Krause wrote: most is not enough. There are reasons to link data into a program. I am a Lisp programmer. Code is data. ;-) And use of the GPL is not restricted to software. Maybe I want to make a map where some location is marked by a GPLed image. Maybe I want to put some

Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Rob Myers
On Wed, Oct 22, 2008 at 2:49 AM, Joseph Gentle [EMAIL PROTECTED] wrote: You say 'everyone else is worse off' if they use a PD map. It seems like the bus company wins - they have more passengers. Privatising wealth is always a win for those who privatise it but this isn't really a reason for

Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Rob Myers
On Wed, Oct 22, 2008 at 10:23 AM, Richard Fairhurst [EMAIL PROTECTED] wrote: I _do_ like the fact that people in OSM are starting to figure out why Potlatch is called Potlatch. I had assumed it was a kind of stew. ;-) - Rob. ___ legal-talk mailing

Re: [OSM-legal-talk] Click-through

2008-10-19 Thread Rob Myers
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 Frederik Ramm wrote: Rob Myers wrote: In the US, the FSF are very careful to say that the GPL is a license, not a contract. The proposed ODbL, on the other hand, is very careful to point out that it wants to be a license as well as a contract

Re: [OSM-legal-talk] Click-through

2008-10-17 Thread Rob Myers
-BEGIN PGP SIGNED MESSAGE- Hash: SHA1 Frederik Ramm wrote: clicktrough is the embodiment of impracticality. Yes. Using the data should require no agreement. Distributing modifications (and by distributing I mean exposing in any way to users not employed or subcontracted by your

Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Rob Myers
Richard Fairhurst wrote: I am trying to restrain myself from replying to any of the other 9876 messages in this thread because It Has All Been Said Before. Me too. ;-) - Rob. signature.asc Description: OpenPGP digital signature ___ legal-talk

Re: [OSM-legal-talk] New license: What is publication/distribution?

2008-10-06 Thread Rob Myers
On Mon, Oct 6, 2008 at 1:33 PM, Frederik Ramm [EMAIL PROTECTED] wrote: I don't know if it is even possible to write down a sharp distinction between the two cases, but for me there is a world of difference between (a) giving a data base to someone whom I pay to do something with it for me -

Re: [OSM-legal-talk] [OSM-talk] License missing on many web pages

2008-10-01 Thread Rob Myers
On Wed, Oct 1, 2008 at 8:09 AM, Peter Miller [EMAIL PROTECTED] wrote: Personally I believe that it is entirely appropriate and practical for all 60,000 contributors (or 600,000!) to be listed on the OpenStreetMap website; that seems entirely 'appropriate for the medium or means' and I suggest

Re: [OSM-legal-talk] Attribution chaining

2008-08-05 Thread Rob Myers
On Tue, Aug 5, 2008 at 4:15 PM, Frederik Ramm [EMAIL PROTECTED] wrote: if I offer processed OSM data on my web site for others to use under CC-BY-SA: Whom do the others have to give attribution? I usually expect everyone to retain the OpenStreetMap contributors message and leave me (or my

Re: [OSM-legal-talk] Please enable commercial use

2008-05-07 Thread Rob Myers
Sebastian Spaeth wrote: In Linux that problem is solved by companies bying their product from Redhat, including some kind of insurance that RedHat provides. If there are legal hassles, then Redhat would be sued and RedHat would have to deal with the 2 copyright holders and not the

Re: [OSM-legal-talk] Please enable commercial use

2008-05-06 Thread Rob Myers
Which particular FUD do you have in mind? ;-) *Any* licence will carry legal risks. Paying for a proprietary dataset without talking the licence through with a lawyer would be silly. There is no reason why a free licence should be any different. Simple licences are not necessarily easier to

Re: [OSM-legal-talk] legal-talk Digest, Vol 19, Issue 1

2008-03-01 Thread Rob Myers
John Wilbanks wrote: ps - Those of you interested in copyleft and freedom might want to interview Stallman on this issue as well. I tend not to agree with him on non-software issues but I would be very interested to know what he thinks, particularly since he has just been through a major

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