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 in country x where we don't care if our data can be used
we can simply shrug our shoulders, I'm just not sure that that still exists.

Simon

Am 08.08.2014 00:39, schrieb Martijn van Exel:
 Iā€™m having someone look into it - worthwhile if you see how many road
 geeks post lengthy drive videos on YouTube.
 Stuff like this ā€” http://www.youtube.com/watch?v=RUWolPiisu4 and the
 link I posted earlier. Here is a CC-BY one which would be OK to use
 ā€” http://www.youtube.com/watch?v=BfE9xUH3wGk 
 -- 
 Martijn van Exel
 
 From: Alex Barth a...@mapbox.com mailto:a...@mapbox.com
 Reply: Licensing and other legal discussions.
 legal-talk@openstreetmap.org mailto:legal-talk@openstreetmap.org
 Date: August 7, 2014 at 11:11:31 AM
 To: Licensing and other legal discussions.
 legal-talk@openstreetmap.org mailto:legal-talk@openstreetmap.org
 Subject: Re: [OSM-legal-talk] YouTube videos
 
 I've in the past used information from Youtube videos in rare
 instances. For example to confirm the surface quality of a road. Facts
 aren't copyrightable. I'd love to hear a more qualified person's
 opinion though.


 On Tue, Aug 5, 2014 at 2:25 PM, Martijn van Exel m...@rtijn.org
 mailto:m...@rtijn.org wrote:

 Hi all,

 Has anyone ever looked into the legal aspects of using YouTube
 videos to derive information from? Do any general rules apply? 

 An example of a potentially useful video would
 be https://www.youtube.com/watch?v=oH99jVtb1egfeature=youtu.be -
 I see that the Standard YouTube License is applied to this video,
 the salient part of those terms (to my mind) being 'You shall not
 copy, reproduce, distribute, transmit, broadcast, display, sell,
 license, or otherwise exploit any Content for any other purposes
 without the prior written consent of YouTube or the respective
 licensors of the Content.ā€™ 

 See the full terms
 here: https://www.youtube.com/static?template=terms 

 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.

 Thanks - 
 -- 
 Martijn van Exel

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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
case with 4.0) explicit acknowledgement that the way that we provide
attribution is OK and that we do not provide downstream attribution for
individual sources. In the past it has been reasonably easy to get that
from institutional sources, but it does imply adding the source to our
contributors list etc. something that we would likely want to avoid in
the 1000s.

Simon



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Re: [OSM-legal-talk] YouTube videos

2014-08-08 Thread Robert Whittaker (OSM lists)
On 8 August 2014 09:48, Simon Poole si...@poole.ch wrote:
 CC-BY is not per se compatible. We need (and I believe this is still the
 case with 4.0) explicit acknowledgement that the way that we provide
 attribution is OK and that we do not provide downstream attribution for
 individual sources.

Getting a bit off-topic, but it seems quite a few people don't realise
this about CC-By (and also some other 'open' licences). I think it
would be a really good idea if there could be some sort of official
lists of known acceptable licences for third-party data and known
unacceptable licences for third-party data either on the wiki or on
the OSMF site, that people could be pointed to. Even if the acceptable
list is extremely short, explicitly listing incompatible licences
would help get across the point that care is needed, and hopefully
help people avoid accidentally making use of incompatible sources.

(At least I don't think such lists exist at the moment -- the closest
I could find is
http://wiki.openstreetmap.org/wiki/Import/Guidelines#Make_sure_data_license_is_OK.
However, the issue doesn't just affect imports, but also other sources
that people may want to use on an ad-hoc or manual basis.)

Robert.

-- 
Robert Whittaker

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Re: [OSM-legal-talk] YouTube videos

2014-08-08 Thread Van Exel, Martijn
Thanks for clarifying, I glossed over the implications of the attribution
requirement a little too easily.
-- 
Martijn





On 8/8/14, 2:48 AM, Simon Poole si...@poole.ch wrote:



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
case with 4.0) explicit acknowledgement that the way that we provide
attribution is OK and that we do not provide downstream attribution for
individual sources. In the past it has been reasonably easy to get that
from institutional sources, but it does imply adding the source to our
contributors list etc. something that we would likely want to avoid in
the 1000s.

Simon



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