Re: [OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-22 Thread Simon Poole
Am 22.09.2015 um 22:14 schrieb alyssa wright: > What does this mean? "uses ratings from OSM " > Again: it is just a hypothetical example. Obviously using a real life use case and declaring that as non-conformant or whatever in a not yet agreed to guideline would not be sensible (just imagine

Re: [OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-22 Thread Simon Poole
Naturally musings about hypothetical better worlds in which OSM has a different licence (and in which we undoubtedly would be having exactly the same discussions) are just as off topic in this thread as stipulations that company XYZ is violating the licence. Could we pls have some comments on

Re: [OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-22 Thread Simon Poole
I've added a clarification to the example in question as it is causing some contention. Simon Am 22.09.2015 um 22:39 schrieb Simon Poole: > > Am 22.09.2015 um 22:14 schrieb alyssa wright: >> What does this mean? "uses ratings from OSM " >> > Again: it

Re: [OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-22 Thread Simon Poole
Am 22.09.2015 um 11:05 schrieb Martin Koppenhoefer: > Is there a problem with the current license? Is it not clear from a > legal point of view, how it should be interpreted? Please read the introduction to the proposed guideline. > > I must admit I feel some reluctance towards the practise

Re: [OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-21 Thread Simon Poole
Am 21.09.2015 um 14:01 schrieb Martin Koppenhoefer: > > > I don't believe that the restaurant star rating is a good example, as > we don't rate restaurants ourselves, I'm using a hypothetical, but "in principle could be possible" example on purpose for the negative scenario. > and copying the

[OSM-legal-talk] Proposed "Metadata"-Guideline

2015-09-21 Thread Simon Poole
Dear All One of the big grey areas remaining wrt our distribution licence is defining if, and how you can link from external data to an OpenStreetMap derived dataset. Nailing this down is, in my opinion, key to progress in getting rid of other areas of contention (for example geo-coding). In the

Re: [OSM-legal-talk] Any expert CC-BY -> ODbL negotiators?

2015-08-31 Thread Simon Poole
Hi Steve Before this discussion goes off on a tangent, which version of CC-by are they currently using? Simon Am 30.08.2015 um 17:14 schrieb Steve Bennett: > Hi all, > I've been trying to convince the state government of Victoria > (southeast Australia) to allow their VicMap raw data to be

Re: [OSM-legal-talk] GADM license - any news?

2015-08-25 Thread Simon Poole
Simone, you are flogging a really dead horse (which has been discussed many many many times before). - the licence of the GADM dataset is incompatible with OSM - in dire circumstances and with a very large effort, as Paul has pointed out, three and a half years ago I managed to get hold of the

Re: [OSM-legal-talk] GADM license - any news?

2015-08-25 Thread Simon Poole
Am 25.08.2015 um 20:14 schrieb Tom Lee: The main point is however that while we can pontificate as much as we want that something might be legal in country X, Y or Z, it doesn't really matter: for OSM to be useful in a country (and our goal is to be useful in as many countries as possible,

Re: [OSM-legal-talk] Legal requirements of permissions to import into OSM

2015-07-26 Thread Simon Poole
We've typically never made a fuss about formalities (aka in triplicate and signed with blood :-)) and as long as it is clear who is giving the permission and in which role, I suspect we would be happy with an e-mail version (extra points if digitally signed). Simon signature.asc Description:

Re: [OSM-legal-talk] Legal requirements of permissions to import into OSM

2015-07-24 Thread Simon Poole
I suspect the problem is not quite as large as you think it might be. If they want to use a public licence, while it may not be actually explicitly said anywhere, CC0 or the PDDL are naturally totally acceptable. For one offs/special permission I would suggest using

Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Simon Poole
an extra permission for that be required? Best Regards. Ivan. On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole si...@poole.ch mailto:si...@poole.ch wrote: Ivan The problem is that it is a legal can of worms. I would suggest simply asking for explicit permission, or at least formal

Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Simon Poole
Ivan The problem is that it is a legal can of worms. I would suggest simply asking for explicit permission, or at least formal confirmation that tracing from the imagery does not create a derivative work and that the government has no rights in such vectorized data. It is, as you may have seen

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-29 Thread Simon Poole
Am 29.06.2015 um 17:00 schrieb John Bergmayer: On Sat, 27 Jun 2015 17:55:08 +0200, Simon Poole si...@poole.ch wrote: A condition of having a valid licence to use OSM data is providing a suitable way of pointing out the conditions of use of said data to your users/customers/etc (which

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-29 Thread Simon Poole
Well the more basic question is: would you in the end have a marketable product that you could sell in places where people actually have money? And the answer is likely no. Simon signature.asc Description: OpenPGP digital signature ___ legal-talk

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-27 Thread Simon Poole
are enshrined in the following places: http://www.openstreetmap.org/copyright http://wiki.osmfoundation.org/wiki/License http://wiki.osmfoundation.org/wiki/License/Community_Guidelines Simon Am 27.06.2015 um 10:23 schrieb Richard Fairhurst: Simon Poole wrote: As the name of this list says

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-27 Thread Simon Poole
Am 27.06.2015 um 17:02 schrieb Tom Lee: But of course OSM extracts and snapshots are available all over the web, and from interfaces that don't introduce or even mention any contractual relationship with OSMF as a condition of download (whether the user is an OSM contributor or has

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-26 Thread Simon Poole
Jan Erik As the name of this list says it is legal talk (aka yapping without consequence) ... not get-help-from-the-OSMF. The proper places to address are plastered all over openstreetmap.org and osmfoundation.org: le...@osmfoundation.org (policy issues and similar) or

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-26 Thread Simon Poole
Am 26.06.2015 um 16:55 schrieb Tom Lee: As the name of this list says it is legal talk (aka yapping without consequence) ... not get-help-from-the-OSMF I'm sorry to see this practice discouraged. The archive description[1] says this is the list for discussion of all legal matters relating

Re: [OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

2015-06-26 Thread Simon Poole
Am 26.06.2015 um 16:55 schrieb Tom Lee: ... As I noted elsewhere[2], EU and US law don't seem to make database IDs eligible for copyright (or associated license requirements), at least when their reproduction is associated with the lawful use of the relevant database. So I think

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-13 Thread Simon Poole
Am 13.05.2015 um 22:00 schrieb Tom Lee: .. Nope. I was referring to collective databases in the ODbL which are roughly the equivalent of collective works in early versions of CC licenses and only require the OSM derived part to be subject to the ODbL terms. This is the

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-12 Thread Simon Poole
Am 06.05.2015 um 16:42 schrieb Tom Lee: ... I think the vast quantity of CC-BY licenses data is too important a resource to ignore given the slightness of this limitation, but I understand the need for conservatism. One of Creative Commons' US affiliates is located at a law school here in

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-06 Thread Simon Poole
Am 05.05.2015 um 11:27 schrieb Andrew Harvey: ... My question was does CC-BY 4.0 have the same issue? Could CC-BY 4.0 data be included in OSM. ... My, very conservative, reading of CC-BY 4.0 would indicate that it has additional issues over just the attribution problem for databases. CC-BY

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-06 Thread Simon Poole
that aspect does not seem to be very high on the priority list of anybody. Simon Am 06.05.2015 um 11:25 schrieb Simon Poole: Am 05.05.2015 um 11:27 schrieb Andrew Harvey: ... My question was does CC-BY 4.0 have the same issue? Could CC-BY 4.0 data be included in OSM. ... My, very conservative

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-06 Thread Simon Poole
Am 06.05.2015 um 16:42 schrieb Tom Lee: .. I think things are getting a little mixed up. The ODbL refers to Derivative Databases and Produced Works but not Derivative Works (well, except one, but I think that line exists because of poor drafting, not a deliberate choice). I *think* you

[OSM-legal-talk] The Failover Issue and Publishing Derived Datasets

2015-04-28 Thread Simon Poole
I've done some thinking on further aspects of the geocoding issue and have written a diary post on teh subject: http://www.openstreetmap.org/user/SimonPoole/diary/34858 signature.asc Description: OpenPGP digital signature ___ legal-talk mailing list

Re: [OSM-legal-talk] Using OSM for computer game terrain, what is the open derivative database?

2015-04-21 Thread Simon Poole
The wiki is the wiki ... aka anybody can edit it. You should likely not be relying on it as primary source for legal advice for your company. Specifically the page in question has a header that reads: This wiki page was used for discussion and development of the move to the Open Database

Re: [OSM-legal-talk] Using OSM to geocode commercial data

2015-03-11 Thread Simon Poole
Am 10.03.2015 um 20:07 schrieb Charles Henck: ... The public can access our system, but they only can see the responses to their own queries (with attached geocode). Based on your response, would that not be publicly conveyed? This likely boils down to who owns the rights to the data in

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2015-03-10 Thread Simon Poole
Am 10.03.2015 um 02:10 schrieb Alex Barth: On Thu, Feb 19, 2015 at 11:52 PM, Simon Poole si...@poole.ch mailto:si...@poole.ch wrote: http://wiki.openstreetmap.org/wiki/Open_Data_License/Geocoding_-_Guideline#.22Collective_Database.22_alternative 1. Why is the input data

Re: [OSM-legal-talk] Using OSM to geocode commercial data

2015-03-09 Thread Simon Poole
Am 09.03.2015 um 17:24 schrieb Charles Henck: ... Q: More confusingly, if we used OSM to get the geocode a latitude/longitude (or reverse geocode an address) for a dropped request, would the database of requests (and private responses) be open? ... I have difficulties understanding

Re: [OSM-legal-talk] new use case

2015-03-02 Thread Simon Poole
Am 02.03.2015 um 21:51 schrieb Jennifer Bauman: Thank you all for your responses. I apologize for the vagueness - this is a highly confidential project. I suspect you will be better served by asking your question on legal-questi...@osmfoundation.org Just as here we can naturally not

Re: [OSM-legal-talk] new use case

2015-03-02 Thread Simon Poole
Am 02.03.2015 um 18:08 schrieb Jennifer Bauman: Hi, I'm thinking of using OSM in a way that I believe is different that the use cases discussed at http://wiki.openstreetmap.org/wiki/License/Use_Cases and I would like to know what the license requirements would be for this use case. The

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2015-02-20 Thread Simon Poole
Am 20.02.2015 um 08:52 schrieb Simon Poole: ... Treating the geocoded results plus input data as a derivative DB sidesteps various issues. ... I should have mentioned that the single biggest advantage is that it doesn't require us to supply a definition of what geocoding actually

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2015-02-19 Thread Simon Poole
Am 03.11.2014 um 00:45 schrieb Alex Barth: I have two questions on the Collective DB alternative: The derivative database consists of the data that has been used as the input data for the geocoding process, as well as the data that has been gained from OpenStreetMap in the process. Any

Re: [OSM-legal-talk] CC-BY-SA 3.0

2015-01-12 Thread Simon Poole
The SA versions of the CC commons licences prior to 4.0 are incompatible with both the CTs and the ODbL. The 4.0 version is some what out in the open because they are very new and AFAIK there has been no rigorous investigation of the compatibility issues, but it is unlikely that the situation is

Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-08 Thread Simon Poole
Am 07.01.2015 um 13:00 schrieb Henning Hollburg: Let's say I have a great source of Floating Car Data (FCD). I'd like to use this FCD to calculate precise weights for edges I derived from OSM. These edges will be used in an online navigation application later on. The crux is the later on

Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Simon Poole
Please see http://osmfoundation.org/wiki/License/Community_Guidelines signature.asc Description: OpenPGP digital signature ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Simon Poole
like this. -- Původní zpráva -- Od: Simon Poole si...@poole.ch Komu: legal-talk@openstreetmap.org Datum: 7. 1. 2015 9:09:38 Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data Please see http://osmfoundation.org/wiki/License

Re: [OSM-legal-talk] redraw from CC-BY-SA tiles and ODbL data

2015-01-04 Thread Simon Poole
Am 31.12.2014 um 18:14 schrieb Lars-Daniel Weber: . Are these objects to be released in ODbL and have they to be given back to the community? Since the CC-BY-SA tiles might have some generalisation (smoothing, selection), this license also has to be encountered. . IMHO it really

Re: [OSM-legal-talk] Addresses from Land Registry Price Paid Data

2014-12-01 Thread Simon Poole
Am 01.12.2014 15:08, schrieb Robert Whittaker (OSM lists): This also raises the question of whether there are any other OGL-licensed datasets out there that have been used in OSM, but which contain undocumented third-party IP rights that we don't have permission to use. This is,

Re: [OSM-legal-talk] YouTube videos

2014-08-08 Thread Simon Poole
The issue is not that you will not find a jurisdiction in which it is legal, the issue is that you will surely find one where (at least systematic) extraction of information from the videos violates the rights of the copyright (or similar rights) holder, not to mention ToS issues. Now if that is

Re: [OSM-legal-talk] YouTube videos

2014-08-08 Thread Simon Poole
Am 05.08.2014 20:25, schrieb Martijn van Exel: ... Note that YouTube users can also choose a CC-BY license - which should be compatible with ODbL. But the default is the Standard YouTube License outlined above. ... CC-BY is not per se compatible. We need (and I believe this is still the

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-08-03 Thread Simon Poole
Am 03.08.2014 16:16, schrieb Mikel Maron: ... If it is the understanding of the OSM Foundation, that the Legal Working Group in some ways functions like a Court, then there are several issues to raise about the separation of concerns, checks and balances if you will, in this process as

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-07-29 Thread Simon Poole
Am 27.07.2014 23:52, schrieb Alex Barth: On Fri, Jul 25, 2014 at 11:39 AM, Simon Poole si...@poole.ch mailto:si...@poole.ch wrote: If you apply this to your above example, the addresses would be subject to SA (however no further information), and while potentially one could

Re: [OSM-legal-talk] Storing OSM Data in a proprietary format

2014-07-23 Thread Simon Poole
Am 23.07.2014 00:04, schrieb Matthias Schmid: Does this mean that it is sufficient, if I provide the Database (the identical data) in a different format (which is not proprietary), e.g. under the ODbL? Your answer seems to suggest that this true. However, I think what confuses me is the

Re: [OSM-legal-talk] Storing OSM Data in a proprietary format

2014-07-22 Thread Simon Poole
Hi Matthias I believe your use case is covered by ODbL 4.7, given that distributing the data in a format that would have to be at least reverse-engineered for extraction is clearly a technological measure. 4.7 simply requires you, in your use case, to make the data available parallel in an open

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-07-12 Thread Simon Poole
A general note on the examples: using Nominatim as the geocoder muddies the waters a bit too much in my opinion, given that with the default options nominatim returns far more than just coordinates. signature.asc Description: OpenPGP digital signature

Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-07-11 Thread Simon Poole
Am 11.07.2014 14:40, schrieb Stephan Knauss: .. A while ago there was a discussion about the word geocode which seems to be a trademark in some jurisdictions. So opposed to the general term geocoding the word geocode might need to be used with care. Yes, correct, Alex can you please

Re: [OSM-legal-talk] HRS.com uses OpenStreetMap-data without credit

2014-05-12 Thread Simon Poole
Nils, noch ein Update. HRS hat sich jetzt gemeldet und ich werde vermutlich später diese Woche mal ein Gespräch mit ihnen führen. Gruss Simon signature.asc Description: OpenPGP digital signature ___ legal-talk mailing list

Re: [OSM-legal-talk] HRS.com uses OpenStreetMap-data without credit

2014-05-12 Thread Simon Poole
Sigh went to the wrong address, but nothing secret anyway. Am 12.05.2014 22:50, schrieb Simon Poole: Nils, noch ein Update. HRS hat sich jetzt gemeldet und ich werde vermutlich später diese Woche mal ein Gespräch mit ihnen führen. Gruss Simon

Re: [OSM-legal-talk] Community Guidelines (was Re: Attribution)

2014-05-08 Thread Simon Poole
Luis The LWG has spent considerable time discussing the geocoding issue, so it is not as if we've ignored the subject. To illustrate just one of the issues, have a look at the first mail you reference from Olov, he defines Geocoding as The process of finding and storing the latitude and

Re: [OSM-legal-talk] The edges of share-alike on data Re: Attribution

2014-05-07 Thread Simon Poole
Am 06.05.2014 21:40, schrieb Rob Myers: On 05/05/14 09:16 AM, Simon Poole wrote: We have raised the question of Dynamic Data in a dedicated guideline given that a number of things are not so clear and even while, using the example from the guideline, the occupancy of a parking lot

Re: [OSM-legal-talk] The edges of share-alike on data Re: Attribution

2014-05-05 Thread Simon Poole
Am 05.05.2014 06:38, schrieb Rob Myers: .. But the license doesn't exist to collect data for OSM. .. True, but our immediate, admittedly egoistic, interest is that we are free to use any improvements (in a wide sense of the word) to OSM data and that derivatives of OSM remain free.

Re: [OSM-legal-talk] The edges of share-alike on data Re: Attribution

2014-05-05 Thread Simon Poole
While I think the case of the traffic data is interesting, it really very much depends on implementation details if and when a derivative DB might be created. For example if weights were calculated from the data and associated directly with OSM ways then likely you would have a derivative DB,

Re: [OSM-legal-talk] Creative Commons license question

2014-05-04 Thread Simon Poole
Am 04.05.2014 10:51, schrieb Eugene Alvin Villar: . I think fair use/fair dealing could apply here and they have no obligations? (But an attribution would be nice.) My understanding of fair dealing is that it would not apply here (different in the states or for example in Germany).

Re: [OSM-legal-talk] Attribution

2014-05-03 Thread Simon Poole
Am 03.05.2014 10:26, schrieb Jukka Rahkonen: And by looking at the list of Top users editing over the past in [1], imports has nowadays a huge importance for the project - I was here, sitting in my own armchair. I did this import. Since I'm with the project I

Re: [OSM-legal-talk] Attributing OpenStreetMap at Mapbox

2014-05-03 Thread Simon Poole
Am 03.05.2014 19:34, schrieb Jukka Rahkonen: Do you feel that the attribution page should provide better recognition for OSM that for the other data providers? OSM data is probably the biggest data source worldwide so it could be reasonable. However, in Finland and Norway, for example, MapBox

Re: [OSM-legal-talk] Attribution

2014-05-01 Thread Simon Poole
Tobias, please study the guidelines, they address exactly this problem. Simon Am 30.04.2014 12:18, schrieb Tobias Knerr: . But we have to judge a license based on its actual effects, not the original intention. What annoys me, for example, is when we require people to publish data that

Re: [OSM-legal-talk] Attribution

2014-04-29 Thread Simon Poole
Am 29.04.2014 18:56, schrieb Luis Villa: . Without commenting on/endorsing Alex's position, suffice to say that the vast majority of lawyers I've talked with about the license, including many with long experience in open software licenses, find the license difficult to interpret.

Re: [OSM-legal-talk] Attribution

2014-04-29 Thread Simon Poole
Just a reminder, this thread started of with a discussion of attribution, or rather lack of such. I don't think there is very much doubt about what the licence requires even given all the complexity of the ODbL, for a produced work it is: However, if you Publicly Use a Produced Work, You must

Re: [OSM-legal-talk] Attribution

2014-04-28 Thread Simon Poole
There are some moderate complicated edge cases caused by and there are some things that will not be possible with share alike and are not intended to be possible in the first place. Naturally anybody is completely within its rights to lobby for changes that would better fit their business

Re: [OSM-legal-talk] ODBL and imports

2014-04-25 Thread Simon Poole
The LWG might actually publish a formal guideline on the subject, but my informal 2c for now: - it is fairly clear that you -could- import 3rd party ODbL licensed data under the CT (naturally assuming every other box for an import has been ticked too). The CTs only require compatibility with the

Re: [OSM-legal-talk] ODBL and imports

2014-04-25 Thread Simon Poole
Am 25.04.2014 16:17, schrieb Pieren: ... So, you mean that the main objection to import ODBL data is a future licence change. But I remember some past messages here or elsewhere that the licence process is so heavy and requires so high acceptance that a licence change is almost

Re: [OSM-legal-talk] ODBL and imports

2014-04-25 Thread Simon Poole
Am 25.04.2014 14:00, schrieb Erik Johansson: http://www.mapillary.com/osm.html I probably should have added that I see no problem at all with the terms Mapillary specifies, since for contributions to OSM it only specifies that it should happen under the terms of the CTs. IMHO naturally.

Re: [OSM-legal-talk] Upload of copyrighted map images from OSM to Facebook

2014-04-15 Thread Simon Poole
Am 15.04.2014 18:56, schrieb Martin Koppenhoefer: Interestingly even the OSMF is infracting the license ;-) Nope, non of the content on that page was uploaded or provided by the OSMF. In fact we have only recently taken control of the account. signature.asc Description: OpenPGP digital

Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole
done so and that we should respect, regardless of legalities*. Simon * depending on jurisdiction this could go far further that copyright, database and contract law, for example unfair competition legislation and so on. Am 08.04.2014 10:23, schrieb Pieren: On Mon, Apr 7, 2014 at 7:57 PM, Simon

Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole
Am 08.04.2014 10:55, schrieb Martin Koppenhoefer: 2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch mailto:si...@poole.ch: @Martin It is undoubtedly so that the information in question is -not- simply available for use. You need to invest the time and effort to actually

Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole
Am 08.04.2014 16:16, schrieb Paulo Carvalho: .. I guess I missed something. Can you, please, explain that? I didn't get the IP issues part and consequently why Google unlikely would be the problem. That leads to the question about who would pose problems. There is simply a

Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Simon Poole
Most has already been said on this topic. Just one comment on the, superficially sane sounding, idea of getting a declaratory judgement: forgetting the ethical side of it (do we really want to use data collected by somebody that doesn't want us to do so?), we would need such a judgement in -every-

Re: [OSM-legal-talk] Copyright of old media / images / maps

2014-04-04 Thread Simon Poole
Their are quite a few facets of this issue, just some of many: - do you actually have access to an original copy? Obviously who ever is providing access to an online version is completely free to define whatever ToS they want. - sweat of the brow provisions as Eugene mentions - dead for

Re: [OSM-legal-talk] Improper Map Use

2014-03-25 Thread Simon Poole
By far not the first and likely not the last, attributing OSM to google. Send them a nice e-mail pointing out openstreetmap.org/copyright and for added brownie points they should include a link to openstreemap.org/fixthemap If they don't react or fix it, send a note to the LWG. Simon Am

Re: [OSM-legal-talk] HRS.com uses OpenStreetMap-data without credit

2014-03-14 Thread Simon Poole
Do you have any indication from when the data may be? At least roughly pre/post licence change (pre-licence change data would naturally pose a number of questions)? In general attribution of OSM in the context of non-map uses is not particularly good and hasn't been policed at the same level. We

Re: [OSM-legal-talk] [Talk-ca] Nouvelle licence de données ouvertes au Québec

2014-02-27 Thread Simon Poole
Am 27.02.2014 01:03, schrieb Luis Villa: ... Note that this is a substantially different task for 4.0 than for 3.0, because 4.0 (particularly BY-SA) now includes a database copyleft clause. Assessing how the ODBL and CC BY-SA 4.0 database clauses interact will be challenging. OSM/Open Data

Re: [OSM-legal-talk] Attribution Requirements

2014-01-14 Thread Simon Poole
Am 13.01.2014 13:17, schrieb Jonathan Harley: . given that the OSM attribution is given equal prominence with their own Terms and their imagery attribution. (By the way, Alex and Eric from MapBox are members of this mailing list.) Surely should be given equal prominence with the map

Re: [OSM-legal-talk] Attribution Requirements

2014-01-14 Thread Simon Poole
I don't actually get a map (tested with three different mobile browsers), now I don't think we want to take our requirements so far that we want OSM attribution on everything :-) Am 14.01.2014 12:38, schrieb Martin Koppenhoefer: Am 14/gen/2014 um 10:54 schrieb Simon Poole si...@poole.ch

Re: [OSM-legal-talk] Attribution Requirements

2014-01-14 Thread Simon Poole
Am 14.01.2014 14:28, schrieb Martin Koppenhoefer: 2014/1/14 Simon Poole si...@poole.ch mailto:si...@poole.ch I don't actually get a map (tested with three different mobile browsers), now I don't think we want to take our requirements so far that we want OSM attribution

Re: [OSM-legal-talk] Attribution Requirements

2014-01-12 Thread Simon Poole
Apple does not, as far as we know, use OSM data ODbL licensed by the foundation. Simon Am 12.01.2014 13:06, schrieb Martin Koppenhoefer: Am 10/gen/2014 um 13:01 schrieb Simon Poole si...@poole.ch: And I'm very tired of people trying to weasel around the absolute minimal requirements we

Re: [OSM-legal-talk] Attribution Requirements

2014-01-11 Thread Simon Poole
That are not the last board minutes as you know, there are: http://wiki.osmfoundation.org/wiki/Board_Meeting_Minutes_2013-12-10 Am 11.01.2014 10:07, schrieb Jukka Rahkonen: Simon Poole simon@... writes: Am 10.01.2014 07:15, schrieb Clifford Snow: I like the Mapbox

Re: [OSM-legal-talk] Attribution Requirements

2014-01-10 Thread Simon Poole
Am 10.01.2014 07:15, schrieb Clifford Snow: I like the Mapbox solution the author mentions of putting a box on the map to take you to another page. I realize that unless the user clicks on the link, they will never discover that OSM contributed to this product. Since OSM may be only one of

Re: [OSM-legal-talk] New contributing agency

2013-11-21 Thread Simon Poole
of visibility. Regards, Fernando On Tue, Nov 19, 2013 at 12:25 PM, Simon Poole si...@poole.ch mailto:si...@poole.ch wrote: Hi Fernando I gather from your questions that they are currently not distributing the data under

Re: [OSM-legal-talk] New contributing agency

2013-11-19 Thread Simon Poole
Hi Fernando I gather from your questions that they are currently not distributing the data under a (well-)known licence or on any other documented terms? In any case before spending to much effort on trying to nail down the legal side, you really need to clarify if this is suitable data for OSM

Re: [OSM-legal-talk] [HOT] Imagery license clarification needed

2013-08-29 Thread Simon Poole
Mikel I believe there is a simple solution, please document the source with the full text of the licence or with a statement by the lawyer in question, since the later is unlikely to forthcoming (we probably wouldn't do that either), its going to be the former. I find it quite understandable

Re: [OSM-legal-talk] Which legislation applies: server or data location?

2013-08-28 Thread Simon Poole
I'm trying to prevent the TrackSource folks from losing interest in OSM. On Tue, Aug 27, 2013 at 8:02 PM, Paul Norman penor...@mac.com wrote: From: Simon Poole [mailto:si...@poole.ch] Sent: Tuesday, August 27, 2013 1:24 AM Subject: Re: [OSM-legal-talk] Which legislation applies: server

Re: [OSM-legal-talk] Information for officials and diplomats of countries and entities with disputed territories

2013-07-09 Thread Simon Poole
Sorry for missing the meeting got my times confused, It is a definite yes from me. There is a term in singular that should be plural I believe. But otherwise completely ok with me. Simon Am 09.07.2013 20:38, schrieb Michael Collinson: Simon, Oliver, Dermot and I have give a finally look over

Re: [OSM-legal-talk] Information for officials and diplomats of countries and entities with disputed territories

2013-07-09 Thread Simon Poole
It seems as if we inadvertently CC's this to the public legal-talk list and not to the LWG one. Apologies to all. Simon Am 09.07.2013 21:56, schrieb Simon Poole: Sorry for missing the meeting got my times confused, It is a definite yes from me. There is a term in singular that should

Re: [OSM-legal-talk] FW: OSM place name data from Turkey

2013-04-29 Thread Simon Poole
Hi Paul Has anybody from the TR community tried to get permission from HGK (with a pointer that the data is freely available elsewhere and that removing it would add up to deleting and re-adding exactly the same data)? Having such permission would seem to be the best solution right now. 2nd

Re: [OSM-legal-talk] FW: OSM place name data from Turkey

2013-04-29 Thread Simon Poole
Am 29.04.2013 10:18, schrieb Paul Norman: From: Simon Poole [mailto:si...@poole.ch] Sent: Sunday, April 28, 2013 11:58 PM To: legal-talk@openstreetmap.org Subject: Re: [OSM-legal-talk] FW: OSM place name data from Turkey Hi Paul Has anybody from the TR community tried to get permission

Re: [OSM-legal-talk] FW: OSM place name data from Turkey

2013-04-29 Thread Simon Poole
Am 29.04.2013 11:14, schrieb Henning Scholland: Am 29.04.2013 10:42, schrieb Simon Poole: However in the current case I doubt that there is actually something useful for OSM left once the names are gone. If the information There is a village stays in OSM, it would be useful at all. If you

Re: [OSM-legal-talk] FW: OSM place name data from Turkey

2013-04-29 Thread Simon Poole
Am 29.04.2013 11:27, schrieb Simon Poole: I would agree that there is some value in having naked place nodes. However considering that at best we are talking about 2-3k such nodes surviving it is a question if doing an imagery based add a place drive or similar

Re: [OSM-legal-talk] [GIS-Kosova] OSM road network for Kosova

2013-03-07 Thread Simon Poole
Bekim The basic issue is likely to be that we never received permission to distribute the original imported data with the ODbL implying that the date had to be removed prior to the licence change. The redaction process was designed to preserve as much work as possible is such situations, but for

Re: [OSM-legal-talk] [GIS-Kosova] OSM road network for Kosova

2013-03-07 Thread Simon Poole
Am 07.03.2013 17:20, schrieb Bekim Kajtazi: To help understand better, this is how data got into OSM: I digitized the data from topo maps Shared the SHP File with FLOSSK in Prishtina FLOSSK recruited many volunteers to get the data in OSM Few months later data was removed from OSM

Re: [OSM-legal-talk] License question, user clicking on map

2013-03-04 Thread Simon Poole
Am 04.03.2013 11:29, schrieb Tadeusz Knapik: How come? ODbL doesn't enforce PW's license - if Produced Work is licenced Public Domain, how do you reach somebody who used this PD Produced Work to credit OSM? Sincerely, This is patently wrong, see ODbL 1.0 paragraph 4.3

Re: [OSM-legal-talk] License question, user clicking on map

2013-03-04 Thread Simon Poole
Am 04.03.2013 13:39, schrieb Jonathan Harley: On 04/03/13 11:53, Pieren wrote: On Mon, Mar 4, 2013 at 10:19 AM, Jonathan Harley j...@spiffymap.net wrote: Personally, I think this does leave a loophole where you could reverse engineer OSM's data from imagery, but as I said at the time, I'm

Re: [OSM-legal-talk] License question, user clicking on map

2013-02-28 Thread Simon Poole
The use of the term Database in an intellectual property context has essentially nothing to do with the CS/IT concept of a database. The statement on the wiki is correct, and Alexs statement was a bit misleading. I don't think this discussion has made any progress since the last time it came up.

Re: [OSM-legal-talk] License Working Group 2013

2013-01-18 Thread Simon Poole
Phone currently. Am 18.01.2013 20:04, schrieb Martin Koppenhoefer: 2013/1/18 Michael Collinson m...@ayeltd.biz: The LWG will hold its first post-license change meeting provisionally Tuesday 22nd January at 18:00 GMT/UTC. are you meeting on IRC or is this a telephone conference? cheers,

Re: [OSM-legal-talk] Combining NC Data with ODbL

2013-01-16 Thread Simon Poole
Am 15.01.2013 18:02, schrieb Alex Barth: On Jan 14, 2013, at 5:30 AM, Simon Poole si...@poole.ch wrote: Am 14.01.2013 08:36, schrieb Kate Chapman: 2. I have a spreadsheet of hospital locations licensed CC-BY-NC, I use OSM to geocode these locations. I believe this can't happen because

Re: [OSM-legal-talk] Combining NC Data with ODbL

2013-01-14 Thread Simon Poole
Am 14.01.2013 08:36, schrieb Kate Chapman: 1. I used OSM as the basemap for my map of refugee camps, the camp data is my organizations and licensed CC BY-NC. The data for OSM and the camp data is never combined. I release my map under CC-BY-NC. I believe this is okay. All IMHO naturally.

Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-25 Thread Simon Poole
I personally can't see enough wiggle room both in the ODbL and the CTs to make any dataset generated by geocoding and/or reverse geocoding anything else than a derivative database. It is just the ODbL working as intended. We went through a lot of effort to get from a broken to a functional

Re: [OSM-legal-talk] A license bot that has produced too many errors

2012-07-17 Thread Simon Poole
Am 17.07.2012 13:01, schrieb fk270...@fantasymail.de: The detrimental license bot now has reached Germany and promptly left a lot of errors here. Let's just look at one city, Göttingen in Northern Germany, where I have contacted some undecided users, so I have some knowledge about pre-bot

Re: [OSM-legal-talk] [Rebuild] Progress update

2012-06-21 Thread Simon Poole
Am 21.06.2012 19:35, schrieb Richard Fairhurst: The huge amount of data is globally not that huge. It is 1.2% of nodes (or so odbl.poole.ch tells me, Actually in real life the damage to nodes is substantially less. On the one hand I don't respect the V0 rule, on the other hand and more

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