Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Anthony
On Tue, Dec 8, 2009 at 7:40 AM, mapp...@sheerman-chase.org.uk wrote: A quick question for the legal people: does ODbL allow the project to be forked? Technically, it does. But remember that the OSMF is granted a special license in addition to the ODbL. Any fork would be at a major

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Anthony
On Tue, Dec 8, 2009 at 10:33 AM, Anthony o...@inbox.org wrote: On Tue, Dec 8, 2009 at 7:40 AM, mapp...@sheerman-chase.org.uk wrote: A quick question for the legal people: does ODbL allow the project to be forked? Technically, it does. But remember that the OSMF is granted a special

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Anthony
On Tue, Dec 8, 2009 at 7:14 PM, Matt Amos zerebub...@gmail.com wrote: On Tue, Dec 8, 2009 at 11:14 PM, andrzej zaborowski balr...@gmail.com wrote: 2009/12/8 Matt Amos zerebub...@gmail.com: On Tuesday, December 8, 2009, Anthony o...@inbox.org wrote: On Tue, Dec 8, 2009 at 7:40 AM, mapp

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Anthony
On Tue, Dec 8, 2009 at 7:19 PM, Anthony o...@inbox.org wrote: The Contributor Terms actually still aren't clear about what exactly *is* happening. The ODbL only applies to the database as a whole, not the individual data. The individual data is supposed to be licensed under a different

Re: [OSM-legal-talk] OBbL and forks

2009-12-08 Thread Anthony
On Tue, Dec 8, 2009 at 8:14 PM, Matt Amos zerebub...@gmail.com wrote: On Wed, Dec 9, 2009 at 12:21 AM, 80n 80n...@gmail.com wrote: On Wed, Dec 9, 2009 at 12:14 AM, Matt Amos zerebub...@gmail.com wrote: it's in that spirit, but it's also worth pointing out that we aren't asking for

Re: [OSM-legal-talk] ODbL Enforcement (Re: OBbL and forks)

2009-12-11 Thread Anthony
On Fri, Dec 11, 2009 at 9:03 PM, James Livingston doc...@mac.com wrote: 2) One or more contributors suing for copyright infringement - one of the things that ODbL supposedly fixes is being sued for this by individual contributors, so lets discount it for now. The ODbL doesn't cover the

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Anthony
On Sat, Dec 12, 2009 at 6:10 PM, Frederik Ramm frede...@remote.org wrote: I think we have now established that whenever you do something with OSM data that involves a derivative database, but just to make things simpler for you and not as an absolutely necessary component, then nobody can

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-12 Thread Anthony
On Sat, Dec 12, 2009 at 6:26 PM, Anthony o...@inbox.org wrote: Where does one draw the line between a Derivative Database, a Collective Database, and a Produced Work anyway? Can a Produced Work also be a Derivative Database? If not, which definition overrides the other? An image qualifies

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Anthony
On Sun, Dec 13, 2009 at 2:37 AM, 80n 80n...@gmail.com wrote: The example I described above clearly demonstrates that you can't differentiate between company A who doesn't use a derived database and company B who does. What if company C makes a derived database and gives it to company D?

Re: [OSM-legal-talk] ODbL: How obscure/inaccessible can published algorithms be?

2009-12-13 Thread Anthony
On Sun, Dec 13, 2009 at 3:01 PM, Matt Amos zerebub...@gmail.com wrote: On Sun, Dec 13, 2009 at 6:27 PM, Anthony o...@inbox.org wrote: Okay, so if company C makes derived database and gives it to company D, then company D creates tiles with that database, company D has to offer

Re: [OSM-legal-talk] Copyright Assignment

2009-12-26 Thread Anthony
On Sat, Dec 26, 2009 at 1:30 PM, Frederik Ramm frede...@remote.org wrote: Gervase Markham wrote: The new Contributor Terms contain the equivalent of a joint copyright assignment to the OSMF. You have said that multiple times already, but I - and, it seems, others - don't view it that way.

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Anthony
On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires in the current draft is for you to effectively give up your copyright altogether. OSMF then copyrights the database as a

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Anthony
On Fri, Jan 1, 2010 at 12:59 PM, Rob Myers r...@robmyers.org wrote: On 01/01/10 17:40, Anthony wrote: On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What OSMF _may_ get is a database right in all the bits of contribution that they get from contributors. I say _may_ because database right is not a straightforward. Its quite possible they won't have such a right, but

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Mon, Jan 4, 2010 at 11:45 PM, Matt Amos zerebub...@gmail.com wrote: On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would be acceptable? The current situation is acceptable. We all grant

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Tue, Jan 5, 2010 at 12:02 AM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 11:45 PM, Matt Amos zerebub...@gmail.com wrote: On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Tue, Jan 5, 2010 at 1:02 AM, andrzej zaborowski balr...@gmail.comwrote: 2010/1/5 Francis Davey fjm...@gmail.com: 2010/1/4 Anthony o...@inbox.org: Hence not copyright assignment, but basically the same thing. You give up the right to sue, and the OSMF gets the right to sue

Re: [OSM-legal-talk] Contributor Terms draft changes

2010-02-14 Thread Anthony
You agree to only add Contents for which You are the copyright holder (to the extent the Contents include any copyrightable elements). If You are not the copyright holder of the Contents, You represent and warrant that You have explicit permission

Re: [OSM-legal-talk] Proposed human readable contributor terms

2010-05-14 Thread Anthony
On Fri, May 14, 2010 at 4:19 PM, Ævar Arnfjörð Bjarmason ava...@gmail.comwrote: I've created a proposed version of the human readable contributor terms on the wiki: http://wiki.openstreetmap.org/wiki/Open_Database_License/Contributor_Terms/Human_readable Interesting. I just noticed the

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Anthony
On Fri, Jul 16, 2010 at 12:11 PM, Rob Myers r...@robmyers.org wrote: On 07/16/2010 04:33 PM, Anthony wrote: On Fri, Jul 16, 2010 at 5:19 AM, Rob Myers r...@robmyers.org mailto:r...@robmyers.org wrote: On 07/16/2010 10:05 AM, Anthony wrote: BY-SA almost certainly applies

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Anthony
On Fri, Jul 16, 2010 at 12:31 PM, Anthony o...@inbox.org wrote: I see you're talking about the US. So I'll provide a case for you. Key Publications, Inc. v. Chinatown Today Publishing Enterprises Inc. held that the yellow pages of the phone directory were copyrightable. Surely the OSM

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Anthony
On Fri, Jul 16, 2010 at 12:44 PM, Francis Davey fjm...@gmail.com wrote: But there is quite a high threshold for protection since there is a requirement that databases so protected by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation.

Re: [OSM-legal-talk] Mixing ODbL and CC-BY-SA databases

2010-07-17 Thread Anthony
On Sat, Jul 17, 2010 at 7:05 PM, Richard Weait rich...@weait.com wrote: Frederik posts many wonderful hypothetical situations. ;-) Here's a completely hypothetical situation. What if I want to import OSM POIs into Wikipedia. Wikipedia is, of course, under CC-BY-SA.

Re: [OSM-legal-talk] Mixing ODbL and CC-BY-SA databases

2010-07-17 Thread Anthony
On Sat, Jul 17, 2010 at 7:05 PM, Richard Weait rich...@weait.com wrote: The user is looking at produced works, ccbysa for the ccbysa tiles, your choice for the ODbL tiles. Here's another completely hypothetical situation. What if I use CC-BY-SA for the ODbL tiles. And then someone else

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-23 Thread Anthony
On Fri, Jul 23, 2010 at 7:37 AM, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: 2010/7/20 andrzej zaborowski balr...@gmail.com: If you find a planet on a bus there's no contract you may be affected by. There may be copyright, which may protect the content. If there's nothing written

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-23 Thread Anthony
On Fri, Jul 23, 2010 at 4:36 AM, Ed Avis e...@waniasset.com wrote: James Livingston li...@... writes: The relevant question is then Is hosting a copy of ODbL licensed material (e.g. a planet dump) on your website without requiring people to agree to a contract a violation of the ODbL?. I

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-23 Thread Anthony
On Fri, Jul 23, 2010 at 9:48 AM, Richard Weait rich...@weait.com wrote: If you find planet on a bus you are not finding just a pile of ordered ones and zeros. It's on media of some type. You might sell the disk as is, but copying the data and selling it would be legally risky. A Reasonable

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-23 Thread Anthony
On Fri, Jul 23, 2010 at 5:33 PM, andrzej zaborowski balr...@gmail.comwrote: On 23 July 2010 22:14, Liz ed...@billiau.net wrote: On Fri, 23 Jul 2010, Richard Weait wrote: If you find planet on a bus you are not finding just a pile of ordered ones and zeros. It's on media of some type. You

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 8:52 AM, Rob Myers r...@robmyers.org wrote: On Fri, 23 Jul 2010 18:59:37 -0400, Anthony o...@inbox.org wrote: And what is it that's wrong with CC-BY-SA again? http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ So, nothing that is solved by ODbL

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 8:44 AM, Rob Myers r...@robmyers.org wrote: On Fri, 23 Jul 2010 23:33:59 +0200, andrzej zaborowski balr...@gmail.com wrote: However, the end result is effectively the same: with no copyright statement, the default is All rights reserved, so the only way the

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 10:06 AM, SteveC st...@asklater.com wrote: I propose 3) Occam's Razor - the now hundreds of people who've been involved in the ODbL in the last few years, some of whom are real lawyers are all wrong and suddenly Anthony with no legal training and is right or the other

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 11:48 AM, Rob Myers r...@robmyers.org wrote: On Sat, 24 Jul 2010 09:43:04 -0400, Anthony o...@inbox.org wrote: On Sat, Jul 24, 2010 at 8:52 AM, Rob Myers r...@robmyers.org wrote: On Fri, 23 Jul 2010 18:59:37 -0400, Anthony o...@inbox.org wrote: And what

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 11:59 AM, Anthony o...@inbox.org wrote: On Sat, Jul 24, 2010 at 11:48 AM, Rob Myers r...@robmyers.org wrote: * Limitations make it difficult or ambiguous for others to use OSM data in a new work (eg mashups) The ODbL codifies OSM's consensual haullucination

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 12:20 PM, Rob Myers r...@robmyers.org wrote: On Sat, 24 Jul 2010 11:59:52 -0400, Anthony o...@inbox.org wrote: How? By acknowledging their existence and using them against themselves. I don't follow. Upgrading from BY-SA 2.0 to BY-SA 2.5 is trivial

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-24 Thread Anthony
On Sat, Jul 24, 2010 at 12:39 PM, John Smith deltafoxtrot...@gmail.comwrote: On 25 July 2010 02:33, Rob Myers r...@robmyers.org wrote: Presumably the same thing that prevents the copyright on a DVD you copy off a TV screen from evaporating when you burn it back to DVD. (I mention copyright

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Fri, Jul 23, 2010 at 9:37 AM, Richard Fairhurst rich...@systemed.netwrote: Ok. There are two types of rights in OSM in its broadest sense: a) the rights in the individual contributions b) the rights in the database as a whole The user preference refers to (a). So your choice for a is

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Sun, Jul 25, 2010 at 6:21 AM, Frederik Ramm frede...@remote.org wrote: By the way, the database right exists - in certain jurisdictions like the EU - even if it is not asserted. That means, OSMF is likely to hold database rights over the database even today. But CC-BY-SA says nothing about

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-25 Thread Anthony
On Sun, Jul 25, 2010 at 2:50 PM, andrzej zaborowski balr...@gmail.comwrote: On 25 July 2010 12:21, Frederik Ramm frede...@remote.org wrote: TimSC wrote: We should also get an official statement from OSMF that they will not assert their database rights on our contributions. Of course if

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 11:59 AM, Anthony o...@inbox.org wrote: Is that a topic that's been discussed before on this mailing list? Here it is in the wiki: http://wiki.openstreetmap.org/wiki/Common_licence_interpretations [quote] If what you create is based on OSM data (for example if you create

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 4:56 AM, Rob Myers r...@robmyers.org wrote: On 07/25/2010 05:24 PM, Anthony wrote: So why hasn't OSMF moved OSM to CC-BY-SA 3.0? The upgrade clause makes that nearly as simple as sed 's/2.0/3.0/g' index.html, right? Nearly. But at least one major contribution

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 12:39 PM, Rob Myers r...@robmyers.org wrote: On 07/26/2010 05:06 PM, Anthony wrote: Go to a Wikipedia article.  Look at the notice on the bottom.  It says Text is available under the Creative Commons Attribution-ShareAlike License  It does not say this article

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 12:57 PM, Rob Myers r...@robmyers.org wrote: On 07/26/2010 05:19 PM, Anthony wrote: Where are you given permission to copy and distribute the produced work without following the terms of ODbL. Nowhere. Then you don't have permission to do so. At least

Re: [OSM-legal-talk] PD declaration non binding?

2010-07-26 Thread Anthony
On Mon, Jul 26, 2010 at 1:06 PM, Rob Myers r...@robmyers.org wrote: On 07/26/2010 05:30 PM, Anthony wrote: No one can assert the database right on a derivative of the OSM database, because they'd need the permission of the maker of the database to do so. Not if OSM(F) waive their own

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-28 Thread Anthony
On Wed, Jul 28, 2010 at 3:35 PM, Lars Aronsson l...@aronsson.se wrote: What I just can't tolerate is this kind of argument that professional lawyers have some absolute authority, that trumps every contributor's opinion. I'm not saying that these lawyers are wrong, but the argument that they

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 9:12 AM, Richard Fairhurst rich...@systemed.net wrote: Two recent, very high-profile judgements in Australia both repudiate the notion that copyright can protect collections of unoriginal facts. These are IceTV vs Nine Network (last year) and Telstra vs Phone Directories

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 9:57 AM, Rob Myers r...@robmyers.org wrote: On 08/05/2010 02:49 PM, Anthony wrote: I don't see that's different from any other drawing, in digital form. It depends how creative/original it is. No it doesn't. It depends whether or not it crosses the threshold

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 10:37 AM, Rob Myers r...@robmyers.org wrote: On 08/05/2010 03:20 PM, Anthony wrote: Still waiting for that definition of geodata. It's a contraction of geographical data. I didn't ask for an expanded form, I asked for a definition. If you'd like to be tricky, you can

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 11:08 AM, John Smith deltafoxtrot...@gmail.com wrote: On 6 August 2010 01:02, Anthony o...@inbox.org wrote: Call it mapping for the renderer if you want.  Call it a violation of the rules of OSM.  But that's a copyrightable work. So would any use of the smoothness

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 12:41 PM, Rob Myers r...@robmyers.org wrote: On 08/05/2010 05:09 PM, Anthony wrote: And OSM is more than just geographical data.  A way isn't geographical data. A way is geographical data. Or possibly geographical metadata. ;-) I don't think so. Ways contain

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Anthony
On Thu, Aug 5, 2010 at 4:48 PM, Jamie Smith jamiekrsm...@gmail.com wrote: On Thu, Aug 5, 2010 at 8:28 PM, Anthony o...@inbox.org wrote: On Thu, Aug 5, 2010 at 4:02 PM, Rob Myers r...@robmyers.org wrote: On 08/05/2010 08:20 PM, Anthony wrote: I don't think so.  Ways contain geographical data

Re: [OSM-legal-talk] PD declaration non binding?

2010-08-09 Thread Anthony
On Mon, Aug 9, 2010 at 5:53 AM, Ed Avis e...@waniasset.com wrote: Frederik Ramm frede...@... writes: By the way, the database right exists - in certain jurisdictions like the EU - even if it is not asserted. That means, OSMF is likely to hold database rights over the database even today. But

Re: [OSM-legal-talk] decision removing data

2010-08-09 Thread Anthony
On Mon, Aug 9, 2010 at 7:59 AM, Frederik Ramm frede...@remote.org wrote: Anthony, Anthony wrote: I don't trust the OSMF to properly remove all of my work and derivatives of my work if/when they stop releasing those derivatives under CC-BY-SA. In December last year we had a guy also called

Re: [OSM-legal-talk] decision removing data

2010-08-09 Thread Anthony
On Mon, Aug 9, 2010 at 8:54 AM, Richard Fairhurst rich...@systemed.net wrote: Ed Avis wrote: Anthony writes: I'm currently working on a fork. I'm still hopeful that people will find some compromise, and it won't be needed. (Myself I would be quite happy if the project chose a dual licence

Re: [OSM-legal-talk] decision removing data

2010-08-09 Thread Anthony
On Mon, Aug 9, 2010 at 2:54 PM, Frederik Ramm frede...@remote.org wrote: If you really consider your contributions to be in the public domain then good news for you: we do not require your agreeing to any contract. No, I'll simply take his data and upload it under an account which I sign up

Re: [OSM-legal-talk] decision removing data

2010-08-09 Thread Anthony
2010/8/9 Dirk-Lüder Kreie osm-l...@deelkar.net: Yes, easier said than done. But in my opinion a free and open geodatabase of the world is only free if it doesn't impose limits on it's uses. If you use OSM in a work, say that you used OSM, and don't sue anybody for copying that work. Is that

Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL?

2010-08-14 Thread Anthony
On Sat, Aug 14, 2010 at 1:37 PM, Robert Whittaker (OSM) robert.whittaker+...@gmail.com wrote: However, lets suppose (hope?) that the CT's are changed so they're no longer a problem. The question still remains as to whether CC-By or CC-By-SA are compatible with ODbL+DbCL. If the work is

Re: [OSM-legal-talk] Is tracing from Yahoo allowed under the CT's

2010-08-17 Thread Anthony
On Tue, Aug 17, 2010 at 7:45 PM, John Smith deltafoxtrot...@gmail.com wrote: On 18 August 2010 09:37, Anthony o...@inbox.org wrote: By the way, all the images I've personally seen in the Yahoo API (this isn't the same as maps.yahoo.com) are most likely USGS.  So there is no license.  It's

Re: [OSM-legal-talk] [OSM-talk] NearMap Community Licence and OSM Contributor Terms

2010-08-19 Thread Anthony
On Thu, Aug 19, 2010 at 3:23 PM, SteveC st...@asklater.com wrote: NearMap is the only company I'm aware of attempting to hold a lot of data hostage in this way. I sure hope you've tried your best to listen to their points and explain yours, and come to an absolute impasse, before accusing them

Re: [OSM-legal-talk] Size of NearMap Contribution

2010-08-19 Thread Anthony
On Thu, Aug 19, 2010 at 9:09 PM, Frederik Ramm frede...@remote.org wrote: That obviously explains why NearMap is very important to the community in Australia. But for the project as a whole, one million objects is really not something we should make a big fuss about. I think that the people

Re: [OSM-legal-talk] Size of NearMap Contribution

2010-08-20 Thread Anthony
On Fri, Aug 20, 2010 at 3:56 AM, Frederik Ramm frede...@remote.org wrote: Anyway, the number of people who have submitted nearmap changesets is 121, the total number of people who haved edited in Australia is 2752; so while NearMap-affected data may be up to 10% of Australia, NearMap-using

Re: [OSM-legal-talk] Size of NearMap Contribution

2010-08-20 Thread Anthony
On Fri, Aug 20, 2010 at 5:26 AM, Frederik Ramm frede...@remote.org wrote: My apologies. In that case: My main problem is that we're having this discussion now, when the CT were finalised in June, instead of before that. Which discussion? It looks to me like we did have this discussion before

Re: [OSM-legal-talk] New license for business: meh

2010-08-22 Thread Anthony
On Sun, Aug 22, 2010 at 3:45 PM, Nic Roets nro...@gmail.com wrote: I can't speak for Chris, but you [Frederik] don't make me nervous because you're quite open and you don't drive any issues that may have business implications. He doesn't make me nervous, but I wouldn't want him (or anyone

Re: [OSM-legal-talk] Contributor Terms - The Early Years

2010-08-22 Thread Anthony
On Sun, Aug 22, 2010 at 8:34 PM, Richard Weait rich...@weait.com wrote: That's an open question for the lawyer that wrote the CT.  In casual conversation with one lawyer (casual as in I wasn't paying the lawyer) I was told that legal-English is not FORTRAN and the or is not required for

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-25 Thread Anthony
On Wed, Aug 25, 2010 at 3:24 AM, Simon Ward si...@bleah.co.uk wrote: There is already the ability to change the licence without the CTs: There is an upgrade clause in the ODbL itself. Actually, section 3 will make it harder to upgrade. Under the CT section 3, the database can only be licensed

Re: [OSM-legal-talk] Licence Implementation plan - declines or non-responses

2010-08-30 Thread Anthony
On Sun, Aug 29, 2010 at 10:18 AM, Richard Weait rich...@weait.com wrote: How does one decliner-changeset in the middle of a chain of accepter-changestes effect the future data if the decliner made one position change, and subsequent editors made further position changes? I'd say usually it

Re: [OSM-legal-talk] Licence Implementation plan - declines or non-responses

2010-08-30 Thread Anthony
On Mon, Aug 30, 2010 at 10:22 PM, Anthony o...@inbox.org wrote: First go through all the nodes:  If a node was positioned in a particular place by an accepter, keep it, otherwise revert it to the last accepter-positioned location.  If no accepter positioned it anywhere in the history, delete

Re: [OSM-legal-talk] Licence Implementation plan - declines or non-responses

2010-08-30 Thread Anthony
On Mon, Aug 30, 2010 at 10:43 PM, Liz ed...@billiau.net wrote: On Tue, 31 Aug 2010, Anthony wrote: On Mon, Aug 30, 2010 at 10:22 PM, Anthony o...@inbox.org wrote: First go through all the nodes:  If a node was positioned in a particular place by an accepter, keep it, otherwise revert

Re: [OSM-legal-talk] Licence Implementation plan - declines or non-responses

2010-08-30 Thread Anthony
On Mon, Aug 30, 2010 at 11:48 PM, andrzej zaborowski balr...@gmail.com wrote: On 31 August 2010 04:22, Anthony o...@inbox.org wrote: Then go through the tags.  Start from the creation of the element.  If a tag was added by an accepter, keep it.  If a tag created by an accepter was modified

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-30 Thread Anthony
On Sun, Aug 29, 2010 at 6:05 PM, Frederik Ramm frede...@remote.org wrote: With a leaky license like the CC-By-SA, the project as a whole gets the worst of both worlds, PD and share-alike. And with ODbL, they get the worst of three worlds, PD, share-alike, and EULA hell.

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-30 Thread Anthony
On Mon, Aug 30, 2010 at 6:12 AM, Rob Myers r...@robmyers.org wrote: On 08/30/2010 01:21 AM, John Smith wrote: You are still making the assumption that copyright isn't valid at all, to the best of my knowledge there has been no court case about map data. You are still assuming that copyright

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-30 Thread Anthony
On Sun, Aug 29, 2010 at 8:21 PM, John Smith deltafoxtrot...@gmail.com wrote: You also seem to care more about legal technicalities than the spirit of the license, maybe some other map company could come in and take the data and just use it, but then it becomes much harder for them to in turn

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-30 Thread Anthony
On Tue, Aug 31, 2010 at 12:41 AM, Jane Smith janesmith...@gmail.com wrote: copyright are the chains of the modern worker, holding to the means of Production. Are there any moderators here? Can we get this troll banned please. ___ legal-talk mailing

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-31 Thread Anthony
2010/8/31 Dirk-Lüder Kreie osm-l...@deelkar.net: Am 31.08.2010 06:36, schrieb Anthony: What does that mean?  Copyright is not universally valid?  Even Iraq has copyright now.  May not be universal, but 99.9% of the world has copyright. Iran's copyright protects only works by Iranians

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-31 Thread Anthony
On Tue, Aug 31, 2010 at 2:31 AM, Richard Fairhurst rich...@systemed.net wrote: I'm the list administrator for legal-talk. I'm not quite sure what offence 'Jane Smith' might have committed that would cause you to want her to be banned. She is clearly posting under a fake name: so are at least

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-08-31 Thread Anthony
On Tue, Aug 31, 2010 at 11:00 AM, Robert Kaiser ka...@kairo.at wrote: Actually, IMHO, it's was wrong of the OSM project to do neither a copyright assignment nor a license that has a clear clause on automatic possibility of upgrade to a newer license in the same spirit (i.e. and and later

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 3:30 AM, Frederik Ramm frede...@remote.org wrote: Contrary to what John seems to believe, I would be quite content with the new license - not exactly in love with it, but content is a good word I think When did you come to that conclusion, and why? Weren't you opposed

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 4:03 AM, Frederik Ramm frede...@remote.org wrote: I think there may be a misunderstanding here. The clause 3 in the contributor terms is precisely there because we want to *avoid* speaking for people in the future. Anyone arguing against that basically says: Well of

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 3:55 PM, Emilie Laffray emilie.laff...@gmail.com wrote: On 1 September 2010 20:52, andrzej zaborowski balr...@gmail.com wrote: Also I don't see how CC-By-SA 3.0 explicitly does not apply to databases more than 2.0.  It explicitly applies to things like maps however

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 6:04 PM, Francis Davey fjm...@gmail.com wrote: maps are expressly treated as artistic works by s.4(2)(a) of the Copyright Designs and Patents Act 1988 (to give a UK perspective). Pretty much the same thing in the US. pictorial, graphic, and sculptural works are included

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-01 Thread Anthony
On Wed, Sep 1, 2010 at 5:59 PM, Richard Weait rich...@weait.com wrote: Also proceeding is the discussion of exactly what edits should be treated in what way during the license change[1].  So if you care one way or the other if a spell-check 'bot that changes tag spelling should be considered

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-02 Thread Anthony
On Thu, Sep 2, 2010 at 4:40 AM, Rob Myers r...@robmyers.org wrote: On 09/02/2010 05:09 AM, Eric Jarvies wrote: On Sep 1, 2010, at 9:55 AM, Anthony wrote: If ODbL were CC-BY-SA for databases, I'd be in favor of it. +1 ODbL *is* share-alike for databases, with attribution. What it isn't

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-02 Thread Anthony
On Thu, Sep 2, 2010 at 11:19 AM, Rob Myers r...@robmyers.org wrote: So BY-SA is not reciprocal in every use case at every conceptual level of abstraction either. And there are cases where this doesn't fit people's expectations, notably in illustration (photographic and otherwise) as I've said.

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-02 Thread Anthony
On Thu, Sep 2, 2010 at 2:26 PM, Frederik Ramm frede...@remote.org wrote: Hi, Anthony wrote: C'mon, that's what weak copyleft means.  Not viral for some types of derived works. If that is indeed the definition of weak copyleft - and I'd like you to cite a source on that - then we're

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-02 Thread Anthony
On Thu, Sep 2, 2010 at 10:58 AM, Rob Myers r...@robmyers.org wrote: So when you extract the data, you have not extracted anything that is covered by BY-SA. Any database you create as a result is therefore not covered by BY-SA, so the ODbL applies without clashing. And the user knows this

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 6:35 AM, Rob Myers r...@robmyers.org wrote: On 09/03/2010 03:05 AM, Anthony wrote: On Thu, Sep 2, 2010 at 10:58 AM, Rob Myersr...@robmyers.org  wrote: So when you extract the data, you have not extracted anything that is covered by BY-SA. Any database you create

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 10:33 AM, Rob Myers r...@robmyers.org wrote: On 09/03/2010 02:58 PM, Anthony wrote:] Unless you're talking about a CC-BY-SA produced work created solely from an ODbL database, anyway. See thread title. ;-) Okay...Would The ODbL and BY-SA Clash In A Database Extracted

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 10:52 AM, Anthony o...@inbox.org wrote: The interesting part of the question is whether or not it's allowed to create a BY-SA Produced Work which is a mash-up of BY-SA and ODbL data, and if so, whether that makes the ODbL data BY-SA. The answer from ODC seems

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 12:45 PM, Rob Myers r...@robmyers.org wrote: On 09/03/2010 05:27 PM, Anthony wrote: But the extract is not the database.  It may be *a* database, but it's not *the* database that's protected by ODbL. Then if it contains a Substantial portion of the Database its

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 1:01 PM, Rob Myers r...@robmyers.org wrote: In those jurisdictions BY-SA will not cover extracted facts either. Agreed. All I'm saying is that ODbL appears to be equivalent to BY-SA in this sense, not that it covers less (though, the DbCL stuff might, see my next

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 12:53 PM, Rob Myers r...@robmyers.org wrote: AFAICT the DbCL reduces the effective copyright level of the contents of the database to that of facts. It's a great answer by Jordan Hatcher.  It rests on the assumption that OSM consists solely of factual data (or, at

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 2:21 PM, andrzej zaborowski balr...@gmail.com wrote: That's why I think the issue of whether we really want the ability for the license to be changed completely should be discussed first. Obviously those who created the current version of CT think that it is a good idea,

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
On Fri, Sep 3, 2010 at 3:10 PM, Frederik Ramm frede...@remote.org wrote: Hi, Anthony wrote: Ah, if you meant Covered Database you shouldn't have said database :).  Produced Work and Covered Database are mutually exclusive. Produced Work and database are not. The ODbL itself does not draw

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-03 Thread Anthony
If it was intended for the extraction of the original data, then it is a database and not a Produced Work. Otherwise it is a Produced Work. See http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline. LOL, I hope you go with that definition. Actually, I liked an

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-04 Thread Anthony
On Sat, Sep 4, 2010 at 8:15 AM, Rob Myers r...@robmyers.org wrote: Would removing the word individual from the CT improve it? Sure, it'd make everything (except the database schema) DbCL, and DbCL is better than ODbL. OSM ways aren't generally representations of artistic works, though.

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-07 Thread Anthony
On Tue, Sep 7, 2010 at 10:27 AM, Rob Myers r...@robmyers.org wrote: On 09/05/2010 06:01 AM, Anthony wrote: And then the ODbL says you can do certain things provided you meet certain conditions? Yes. DB right covers the whole Maybe. OSM existed two years before OSMF, so OSMF would probably

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-07 Thread Anthony
On Tue, Sep 7, 2010 at 11:00 AM, Anthony o...@inbox.org wrote: On Tue, Sep 7, 2010 at 10:27 AM, Rob Myers r...@robmyers.org wrote: On 09/05/2010 06:01 AM, Anthony wrote: I think that it's the same with OSM: DbCL ensures that OSM can apply ODbL to the result of combining all the individual

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-07 Thread Anthony
On Tue, Sep 7, 2010 at 11:22 AM, Francis Davey fjm...@gmail.com wrote: If its the case that OSMF doesn't have a database right in the contents of its database, then, logically, that right would be jointly owned by all contributors. Ah, I see there is a provision for this in the EU database

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-07 Thread Anthony
On Tue, Sep 7, 2010 at 7:38 PM, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: 2010/9/7  ed...@billiau.net: I got far enough through the Australian Copyright Act at the weekend to discover that this won't extend to Australia. does this count, given that the contract (CT) is British law?

Re: [OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

2010-09-08 Thread Anthony
On Wed, Sep 8, 2010 at 2:51 AM, Francis Davey fjm...@gmail.com wrote: On 8 September 2010 02:26, Anthony o...@inbox.org wrote: Probably depends what court you sue in. It shouldn't matter _where_ you sue. In principle at least the court seized of the matter should apply the usual principles

Re: [OSM-legal-talk] Does importing data give you a copyright?

2010-09-15 Thread Anthony
On Wed, Sep 15, 2010 at 7:15 PM, Frederik Ramm frede...@remote.org wrote:   with my eyes firmly on the upcoming license change, I wonder how we are going to deal with people who have imported data which is suitable from a license point of view, but whom we cannot reach or who do not agree to

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