Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Jonathan Harley
On 02/02/11 18:58, Rob Myers wrote: On 02/02/2011 06:47 PM, Jonathan Harley wrote: I think we may have differing interpretations of the intent of the license. Mine is that the license is supposed to allow people to use the map in a variety of ways, online and in print, so long as any new data

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Richard Fairhurst
because you disagree with it. cheers Richard -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-CC-BY-SA-Non-separatable-combination-of-OSM-other-tp5982104p5988247.html Sent from the Legal Talk mailing list archive at Nabble.com

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Jonathan Harley
On 03/02/11 04:21, Anthony wrote: On Wed, Feb 2, 2011 at 1:47 PM, Jonathan Harleyj...@spiffymap.net wrote: On 02/02/11 18:00, Anthony wrote: On Wed, Feb 2, 2011 at 12:49 PM, Jonathan Harleyj...@spiffymap.net wrote: On 02/02/11 17:05, Richard Fairhurst wrote: Jonathan Harley wrote:

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Jonathan Harley
On 03/02/11 10:18, Richard Fairhurst wrote: Jonathan Harley wrote: Making it impossible to make works where not all of the elements are free does nothing to protect the freedom of individuals to use OSM. That's as may be, but to restate the point made by Frederik, you can't simply wish away

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Rob Myers
On 02/03/2011 10:13 AM, Jonathan Harley wrote: In other words, yes, we have a different view of the intent. BY-SA is not a permissive or gift economy licence, it is a copyleft licence. Its intent is precisely to ensure that the freedom to use the work is inalienable. Making it impossible

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 5:23 AM, Jonathan Harley j...@spiffymap.net wrote: On 03/02/11 04:21, Anthony wrote: On Wed, Feb 2, 2011 at 1:47 PM, Jonathan Harleyj...@spiffymap.net  wrote: I think we may have differing interpretations of the intent of the license. Mine is that the license is

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 5:25 AM, Jonathan Harley j...@spiffymap.net wrote: On 03/02/11 10:18, Richard Fairhurst wrote: Jonathan Harley wrote: Making it impossible to make works where not all of the elements are free does nothing to protect the freedom of individuals to use OSM. That's as

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-03 Thread Anthony
On Thu, Feb 3, 2011 at 9:23 AM, Anthony o...@inbox.org wrote: On Thu, Feb 3, 2011 at 5:23 AM, Jonathan Harley j...@spiffymap.net wrote: I've always understood that the intent of the ODbL was not to change the spirit of OSM licensing, just to clarify it. Whose intent are we talking about,

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread M∡rtin Koppenhoefer
2011/2/1 Frederik Ramm frede...@remote.org: I know that at OSM we always used to say: If the layers are separable then you can have different licenses on each; if not, then not. Of course this would result in a map that can *not* be copied under CC-BY-SA because it is virtually impossible to

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 11:35 AM, Jonathan Harley j...@spiffymap.net wrote: On 02/02/11 16:15, Anthony wrote: What is meant by content is unmodified?  Obviously the printed base map is going to be modified from the original database.  So under your interpretation, the part about the content

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Rob Myers
On 02/02/2011 05:13 PM, Frederik Ramm wrote: I think that in those examples, there was the concept of interaction and co-dependency - the question of does the overlaid stuff work without the map. So if you carefully place your photo or illustration at a certain point in the map, and your photo

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 12:13 PM, Frederik Ramm frede...@remote.org wrote: On 02/02/11 18:00, Peter Miller wrote: And this one showing the location of the 'Trafford Law Centre' unless the photo was also on a free license or moved so as not to obscure the map.

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Jonathan Harley
On 02/02/11 17:05, Richard Fairhurst wrote: Jonathan Harley wrote: Clearly no rendering of any map is going to be unmodified in the sense of having identical sequences of 0s and 1s to the database, in which case there could be no such thing as a collective work based on a database, ever. For

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 12:49 PM, Jonathan Harley j...@spiffymap.net wrote: On 02/02/11 17:05, Richard Fairhurst wrote: Jonathan Harley wrote: Clearly no rendering of any map is going to be unmodified in the sense of having identical sequences of 0s and 1s to the database, in which case

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Rob Myers
On 02/02/2011 05:49 PM, Jonathan Harley wrote: I don't see what print's got to do with it. Any rendering, whether to paper or to a screen, changes the bits used; if you take that as the Where multiple sources of bits are combined to produce a single new work, that new work is a derivative

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Rob Myers
On 02/02/2011 06:47 PM, Jonathan Harley wrote: I think we may have differing interpretations of the intent of the license. Mine is that the license is supposed to allow people to use the map in a variety of ways, online and in print, so long as any new data is open and OSM is attributed; not

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Rob Myers
On 02/02/2011 06:39 PM, Peter Miller wrote: So... you are suggesting that you believe that no one will ever be able to overlay an osm map, or indeed an ccbya image with any image that not available on an open license even if the context of the two images is completely different? The context

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Peter Miller
On 2 February 2011 19:05, Rob Myers r...@robmyers.org wrote: On 02/02/2011 06:39 PM, Peter Miller wrote: So... you are suggesting that you believe that no one will ever be able to overlay an osm map, or indeed an ccbya image with any image that not available on an open license even if the

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Francis Davey
On 2 February 2011 20:02, Peter Miller peter.mil...@itoworld.com wrote: Indeed, I don't believe that there are any lawyers in the house! I do wish that the Foundation would pay for one from time to time to help with general questions like this which matter a lot to potential users of our

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Frederik Ramm
Hi, On 02/02/11 19:39, Peter Miller wrote: So... you are suggesting that you believe that no one will ever be able to overlay an osm map, or indeed an ccbya image with any image that not available on an open license even if the context of the two images is completely different? Yes, I am not

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Frederik Ramm
Hi, On 02/02/11 19:47, Jonathan Harley wrote: I think we may have differing interpretations of the intent of the license. Mine is that the license is supposed to allow people to use the map in a variety of ways, online and in print, so long as any new data is open and OSM is attributed; not

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Eugene Alvin Villar
On Thu, Feb 3, 2011 at 4:02 AM, Peter Miller peter.mil...@itoworld.com wrote: On 2 February 2011 19:05, Rob Myers r...@robmyers.org wrote: On 02/02/2011 06:39 PM, Peter Miller wrote: Frederik has explained how it can be argued that BY-SA's private use exception allows online mash-ups.

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Rob Myers
On 02/02/11 20:02, Peter Miller wrote: I don't believe that a court would see it that way and it is a very Courts have seen it that way in the case of Shepher Fairey, Jeff Koons, Andy Warhol, Richard Prince, The Beastie Boys, and many other artists and musicians. unhelpful view for the

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Frederik Ramm
Peter, On 02/02/11 21:02, Peter Miller wrote: I don't believe that a court would see it that way and it is a very unhelpful view for the project to take. The whole attribution-and-share-alike thing is a very unhelpful situation for the project but it doesn't go away simply because it is

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 1:23 PM, Frederik Ramm frede...@remote.org wrote: Hi, On 02/02/11 18:49, Jonathan Harley wrote: For print, yes, that's about the size of it. I don't see what print's got to do with it. Any rendering, whether to paper or to a screen, changes the bits used The

Re: [OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-02 Thread Anthony
On Wed, Feb 2, 2011 at 11:39 PM, Anthony o...@inbox.org wrote: Nonsense.  The person visiting the website doesn't give the instructions to the machine.  The person providing the website does. If you wrote a website which intentionally caused the computer of the person visiting it to overheat,

[OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

2011-02-01 Thread Frederik Ramm
Hi, this has arisen in a discussion on talk-gb, but I'm paraphrasing to spare you the details. Say you make a printed map that consists of an OSM base map with something else sourced from elsewhere printed on top, e.g. an OSM map with your private dataset of underground pipelines. Until now