Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 05:25, davespod wrote: > In a similar vein, I think OSMF and any other publisher of OSM-derived map > tiles under CC-by-SA would be well advised to be explicit about what it is > they are licensing under CC-by-SA. In other words, they should follow the > advice here (under "Be spec

Re: [OSM-legal-talk] application of ODBL to an extarct of OSM obtained via jxapi

2011-06-17 Thread Richard Weait
On Fri, Jun 17, 2011 at 4:09 PM, David Groom wrote: > Word in quotes below relate to the meanings given them by ODbL > > Assume I use jxapi to download an extract of the main OSM database .  Is the > downloaded extract a "Derivative Database", or since the download was > provided by OSM does the d

[OSM-legal-talk] application of ODBL to an extarct of OSM obtained via jxapi

2011-06-17 Thread David Groom
Word in quotes below relate to the meanings given them by ODbL Assume I use jxapi to download an extract of the main OSM database . Is the downloaded extract a "Derivative Database", or since the download was provided by OSM does the downloaded data qualify as simply a "Database"? Regards D

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread ce-test, qualified testing bv - Gert Gremmen
The CT/License Vote was IMHO not meant to be a serious democratic process. Instead a majority was searched for a OSMF decision: like non anonymous voting for a single party in some countries where your lose your job if voting against -fill in your favorite dictator- As long as the majority is mas

[OSM-legal-talk] "active contributor"

2011-06-17 Thread Richard Weait
On Fri, Jun 17, 2011 at 11:50 AM, Robert Kaiser wrote: > Olaf Schmidt-Wischhöfer schrieb: >> >> The first problem is that the right to vote depends upon being allowed to >> contribute. > > It it defined anywhere what "contribute" means? >From the contributor terms v1.2.4 > An "active contributor

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread Robert Kaiser
Olaf Schmidt-Wischhöfer schrieb: The first problem is that the right to vote depends upon being allowed to contribute. It it defined anywhere what "contribute" means? I have heard statements before that sending messages, e.g. in here, also counts as a contribution, as does replying to a reque

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread M∡rtin Koppenhoefer
2011/6/17 Dermot McNally : > On Friday, 17 June 2011, Olaf Schmidt-Wischhöfer wrote: > I read your other mail on that topic. I don't personally have any > objection to addressing weaknesses in the definition of "active > contributor". If we take the voting issues seriously we should also have a

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Eugene Alvin Villar
On Fri, Jun 17, 2011 at 11:01 PM, John Smith wrote: > On 18 June 2011 00:54, Eugene Alvin Villar wrote: >> On Fri, Jun 17, 2011 at 10:44 PM, John Smith >> wrote: >>> On 18 June 2011 00:40, Frederik Ramm wrote: I am not trying to apply patents to OSM. I am trying to use the example of

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread andrzej zaborowski
On 17 June 2011 17:17, andrzej zaborowski wrote: > On 17 June 2011 16:48, Frederik Ramm wrote: >> On 06/17/11 16:39, andrzej zaborowski wrote: >>> 1. IIRC the newer versions of CC-By-SA include statements to ensure >>> that the content is not protected by database rights, patents or DRM, >>> whic

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread Dermot McNally
On Friday, 17 June 2011, Olaf Schmidt-Wischhöfer wrote: > Please note that the CT do not guarantee a 2/3 majority of the community. Only > a part of the community is entitled to vote. I read your other mail on that topic. I don't personally have any objection to addressing weaknesses in the defi

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread andrzej zaborowski
On 17 June 2011 16:48, Frederik Ramm wrote: > On 06/17/11 16:39, andrzej zaborowski wrote: >> 1. IIRC the newer versions of CC-By-SA include statements to ensure >> that the content is not protected by database rights, patents or DRM, >> which would prevent their uses. > > News to me. Do you have

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 01:10, Simon Poole wrote: > > Because you want to sell/offer s service in the EU, enter one of the > countries and numerous other reasons. As long as you don't make the derived > database available or publish the contents in some form -in- the EU you are > not in trouble, just if.

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Simon Poole
Because you want to sell/offer s service in the EU, enter one of the countries and numerous other reasons. As long as you don't make the derived database available or publish the contents in some form -in- the EU you are not in trouble, just if. Simon Am 17.06.2011 16:54, schrieb John Smit

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 00:54, Eugene Alvin Villar wrote: > On Fri, Jun 17, 2011 at 10:44 PM, John Smith > wrote: >> On 18 June 2011 00:40, Frederik Ramm wrote: >>> I am not trying to apply patents to OSM. I am trying to use the example of >>> patents to prove to you that your reasoning "either somethi

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 00:13, Frederik Ramm wrote: > No. Please re-read, and try to understand, my "Patents" example. You do not Patents don't apply, and contract restrictions don't transfer without explicit agreement from both parties to that contact, which is why I'm asking if websites would have to b

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Frederik Ramm
Hi, On 06/17/11 16:06, John Smith wrote: So once again I'm met with silence and can only assume that produced works licensed under cc-by or cc-by-sa can be derived from, Ignore my words if you want but don't claim you are "met with silence". unless the ODBL prevents this in which case tile u

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 00:06, Frederik Ramm wrote: > Sorry, I thought you had asked about tracing from tiles. My question was about produced works (tiles) and restrictions that they could be licensed under, regardless if I am distributing or tracing or selling for that matter, if someone produces tiles

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 18 June 2011 00:06, Frederik Ramm wrote: > Hi, > > On 06/17/11 11:18, John Smith wrote: >>> >>> Only if the amount of data traced is not substantial. >> >> CC-by-SA makes no such distinction, it's either cc-by-sa or it's not >> cc-by-sa, so which license can tiles be put under? > > Sorry, I tho

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Frederik Ramm
Hi, On 06/17/11 11:18, John Smith wrote: Only if the amount of data traced is not substantial. CC-by-SA makes no such distinction, it's either cc-by-sa or it's not cc-by-sa, so which license can tiles be put under? Sorry, I thought you had asked about tracing from tiles. Tiles can be put un

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 17 June 2011 19:18, John Smith wrote: > On 17 June 2011 19:10, Frederik Ramm wrote: >> Hi, >> >> On 06/17/11 10:49, John Smith wrote: Data from an ODbL database may however be used to create a BY-SA Produced Work. >>> >>> So this means produced works can be traced into a cc-by-s

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread Rob Myers
On 17/06/11 14:07, Olaf Schmidt-Wischhöfer wrote: > > Shortly after I wrote these words, a respected community member > attacked me as being "blinded by ideology". This anonymous but respected community member, during a lengthy debate regarding your concerns about the CTs, wrote: """I mean, you

Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread Olaf Schmidt-Wischhöfer
Hi Dermot, > That's not a bad start - but if I play spot-the-missing-bit, it looks > to me that you aren't prepared to trust 2/3 of the community to decide > that (for reasons not yet forseen) a licence other than the two you > list and which may not be copyleft/sharealike. Please note that the C

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread John Smith
On 17 June 2011 19:10, Frederik Ramm wrote: > Hi, > > On 06/17/11 10:49, John Smith wrote: >>> >>> Data from an ODbL database may however be used to create a BY-SA >>> Produced Work. >> >> So this means produced works can be traced into a cc-by-sa data set then? > > Only if the amount of data trac

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Frederik Ramm
Hi, On 06/17/11 10:49, John Smith wrote: Data from an ODbL database may however be used to create a BY-SA Produced Work. So this means produced works can be traced into a cc-by-sa data set then? Only if the amount of data traced is not substantial. This echoes the "reverse engineering" disc

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Steve Bennett
On Fri, Jun 17, 2011 at 1:23 PM, Ben Last wrote: > The goal of that statement was to allow any contributions that have been > derived from our PhotoMaps under our current licence (which is what imposes > the CC-BY-SA redistribution condition) can remain in the OSM db.  Not being I'm still finding

Re: [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-17 Thread Francis Davey
2011/6/17 Ben Last : > > The goal of that statement was to allow any contributions that have been > derived from our PhotoMaps under our current licence (which is what imposes > the CC-BY-SA redistribution condition) can remain in the OSM db.  Not being > a lawyer, I'm not going to comment on how t