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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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

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 Matt Amos
On Wed, Oct 28, 2009 at 11:20 AM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... 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,

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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

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

2009-10-28 Thread Ed Avis
Frederik Ramm frede...@... 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

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 OSM would

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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

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 e...@waniasset.com wrote: Matt Amos zerebub...@... 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

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 e...@waniasset.com 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

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 e...@waniasset.com 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

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

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 frede...@remote.org 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

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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,

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 e...@waniasset.com 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

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 completely

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 e...@waniasset.com wrote: Matt Amos zerebub...@... 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

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 Ed Avis
Tom Hughes t...@... 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

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 e...@waniasset.com wrote: Matt Amos zerebub...@... 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,

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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,

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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

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

2009-10-28 Thread Ed Avis
Matt Amos zerebub...@... 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

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

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... 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

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

2009-10-28 Thread Matt Amos
On 10/28/09, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... 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

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

2009-10-27 Thread Ed Avis
Frederik Ramm frede...@... writes: Indeed, there are in fact people who have gone on record saying they will stop contributing, and remove their previous contributions, if OSM were to become a PD project. But presumably nobody who will stop contributing if OSM continues to be licensed under

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

2009-10-27 Thread Tom Hughes
On 27/10/09 11:04, Ed Avis wrote: Frederik Rammfrede...@... writes: Again, is there any evidence (rather than just repetition of the same opinions) that in some country, OSM data is effectively in the public domain? If your question is: Has anybody ever used OSM data without regard to

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

2009-10-27 Thread Matt Amos
On Tue, Oct 27, 2009 at 1:06 PM, Ed Avis e...@waniasset.com wrote: Matt Amos zerebub...@... writes: [CC-BY-SA unclear, or not permissive enough?] We know for a fact that a number of people (especially people that have asked their lawyers for an opinion) have indeed decided not to use our data

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

2009-10-27 Thread Frederik Ramm
Hi, Matt Amos wrote: ODbL does exactly this: it is a copyright and database rights license, Can you explain this some more. I thought the copyright aspect was explicitly not covering the content (a fact that was actually critisised by a legal reviewer who found it too clumsy to have an extra

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

2009-10-26 Thread Ed Avis
One issue which I don't think has been raised so far is whether the ODBL's use of contract law as an enforcement mechanism might in fact make it harder to enforce. In common-law countries the remedy for breach of contract is damages. For something like OSM which is distributed free of charge, it

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

2009-10-26 Thread Frederik Ramm
Hi, Ed Avis wrote: This is where I disagree (or at least, am unpersuaded so far) since I haven't seen any hard evidence that copyright is inadequate. If this were the case, then there would be no need for anybody to give permission for relicensing, since under the current copyright-only