Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

Hi Simon, Kathleen, all,

Is there any concern that the specific exemptions for cc-by 4 and some
extent 2/3, which specifically mention the attribution method and URL,
license and version number, will cause an issue should the means of
OSM attribution or the license change (even a version number bump) in
the future?

I fear that as written, any changes to any of the above would make
these exemptions non-valid anymore and data contributed under them
could potentially be candidates for removal.

The generic waiver seems better.

It is not clear to me why there are different versions either if the
generic waiver applies to the same cc-* licenses as the two version
specific references.

Cheers
Blake



On Thu, Apr 6, 2017 at 9:03 PM, Simon Poole <si...@poole.ch> wrote:
> Sorry this took so long, I've added suggested wording here
> https://wiki.osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates
>
> Thanks again to Kathleen Lu for drafting this.
>
> Simon
>
>
> Am 23.01.2017 um 23:47 schrieb Simon Poole:
>
> The LWG has 3 US based legal professionals on it, no need for me to
> climb out on a limb :-). I'll ask for an opinion internally and get back
> to you.
>
> Simon
>
>
> Am 23.01.2017 um 23:23 schrieb Blake Girardot HOT/OSM:
>
> On Mon, Jan 23, 2017 at 10:37 PM, Simon Poole <si...@poole.ch> wrote:
>
> Blake where is the imagery provider in question based?
>
> United States
>
> Cheers
> blake
>
>
> Simon
>
>
> Am 23.01.2017 um 22:01 schrieb Blake Girardot HOT/OSM:
>
> On Sun, Jan 22, 2017 at 1:54 PM, Simon Poole <si...@poole.ch> wrote:
>
> In any case, getting permission to distribute on ODbL terms only would
> seem to be suboptimal and endangers any contributions based on so
> licensed material as any license change, even in name only, would cause
> issues that require going back to the licensor.
>
> Simon, can you give an example of language you think would be best for this?
>
> Something like:
>
> "Specific permission is granted to use this imagery for digitizing
> data into OpenStreetMap and the resulting OpenStreetMap data to be be
> released under the OSM project's license of choice."
>
> Is that what you have in mind?
>
> Cheers,
> Blake
>
>
>
>
> 
> Blake Girardot
> Humanitarian OpenStreetMap Team, TM3 Project Manager
> skype: jblakegirardot
> HOT Core Team Contact: i...@hotosm.org
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>



-- 

Blake Girardot
Humanitarian OpenStreetMap Team, TM3 Project Manager
skype: jblakegirardot
HOT Core Team Contact: i...@hotosm.org
Live OSM Mapper-Support channel - https://hotosm-slack.herokuapp.com/
BE A PART OF HOT'S MICRO GRANTS: https://donate.hotosm.org/

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

On Thu, Apr 6, 2017 at 9:03 PM, Simon Poole <si...@poole.ch> wrote:
> Sorry this took so long, I've added suggested wording here
> https://wiki.osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates
>
> Thanks again to Kathleen Lu for drafting this.
>
> Simon

Thank you very much Simon and Kathleen!

Cheers
Blake


>
> Am 23.01.2017 um 23:47 schrieb Simon Poole:
>
> The LWG has 3 US based legal professionals on it, no need for me to
> climb out on a limb :-). I'll ask for an opinion internally and get back
> to you.
>
> Simon
>
>
> Am 23.01.2017 um 23:23 schrieb Blake Girardot HOT/OSM:
>
> On Mon, Jan 23, 2017 at 10:37 PM, Simon Poole <si...@poole.ch> wrote:
>
> Blake where is the imagery provider in question based?
>
> United States
>
> Cheers
> blake
>
>
> Simon
>
>
> Am 23.01.2017 um 22:01 schrieb Blake Girardot HOT/OSM:
>
> On Sun, Jan 22, 2017 at 1:54 PM, Simon Poole <si...@poole.ch> wrote:
>
> In any case, getting permission to distribute on ODbL terms only would
> seem to be suboptimal and endangers any contributions based on so
> licensed material as any license change, even in name only, would cause
> issues that require going back to the licensor.
>
> Simon, can you give an example of language you think would be best for this?
>
> Something like:
>
> "Specific permission is granted to use this imagery for digitizing
> data into OpenStreetMap and the resulting OpenStreetMap data to be be
> released under the OSM project's license of choice."
>
> Is that what you have in mind?
>
> Cheers,
> Blake
>
>
>
>
> 
> Blake Girardot
> Humanitarian OpenStreetMap Team, TM3 Project Manager
> skype: jblakegirardot
> HOT Core Team Contact: i...@hotosm.org
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>



-- 

Blake Girardot
Humanitarian OpenStreetMap Team, TM3 Project Manager
skype: jblakegirardot
HOT Core Team Contact: i...@hotosm.org
Live OSM Mapper-Support channel - https://hotosm-slack.herokuapp.com/
BE A PART OF HOT'S MICRO GRANTS: https://donate.hotosm.org/

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

On Thu, Jan 26, 2017 at 8:27 PM, Christoph Hormann <chris_horm...@gmx.de> wrote:
> On Saturday 21 January 2017, Blake Girardot HOT/OSM wrote:
>> > However care should be taken that the mapper is in a solid
>> > situation when using the data independent of the question if
>> > his/her work actually makes it into the main OSM database.  In the
>> > past this has often been a problem with specific permissions for
>> > restricted access data.  License terms or terms of use of a service
>> > should not require mappers to take additional legal risks.
>>
>> I do not understand what you saying here. Could you explain this a
>> bit more please?
>
> In the past there have been some pretty hairy license terms used on
> propriatary images that were offered for use for mapping in OSM by
> their owners - in particular i was thinking about:
>
> http://imagery.openstreetmap.fr/airbus-ds/Web%20Licence%20for%20Non-Commercial%20Use%20with%20OSM.pdf
>
> Significant parts of such terms are likely not really enforcable anyway
> but if they were this would have quite significant implications on the
> mapper using such images and possibly even on the OSM data user - in
> this case think for example about offline use of the imagery (would
> clash with the internet user concept) or use of OSM data in production
> of terrain models (would clash with the exclusion of those from
> derivative works).
>
> If the image owner wants to license it under CC-BY-NC anyway independent
> of OSM, a workable approach could be to waive rights on digitized data
> (as Simon suggested) and waive the NC clause for activities that are
> related to the process of digitizing data for use in OSM.
>
> --
> Christoph Hormann
> http://www.imagico.de/
>

Very helpful, thank you very much for the follow up example and explanation!

Best wishes,
blake

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

On Mon, Jan 23, 2017 at 10:37 PM, Simon Poole <si...@poole.ch> wrote:
> Blake where is the imagery provider in question based?
>

United States

Cheers
blake


> Simon
>
>
> Am 23.01.2017 um 22:01 schrieb Blake Girardot HOT/OSM:
>> On Sun, Jan 22, 2017 at 1:54 PM, Simon Poole <si...@poole.ch> wrote:
>>> In any case, getting permission to distribute on ODbL terms only would
>>> seem to be suboptimal and endangers any contributions based on so
>>> licensed material as any license change, even in name only, would cause
>>> issues that require going back to the licensor.
>>>
>> Simon, can you give an example of language you think would be best for this?
>>
>> Something like:
>>
>> "Specific permission is granted to use this imagery for digitizing
>> data into OpenStreetMap and the resulting OpenStreetMap data to be be
>> released under the OSM project's license of choice."
>>
>> Is that what you have in mind?
>>
>> Cheers,
>> Blake
>>
>>
>>
>>
>> 
>> Blake Girardot
>> Humanitarian OpenStreetMap Team, TM3 Project Manager
>> skype: jblakegirardot
>> HOT Core Team Contact: i...@hotosm.org
>>
>> ___
>> legal-talk mailing list
>> legal-talk@openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>



-- 

Blake Girardot
Humanitarian OpenStreetMap Team, TM3 Project Manager
skype: jblakegirardot
HOT Core Team Contact: i...@hotosm.org
Live OSM Mapper-Support channel - https://hotosm-slack.herokuapp.com/
BE A PART OF HOT'S MICRO GRANTS: https://donate.hotosm.org/

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

On Sun, Jan 22, 2017 at 1:54 PM, Simon Poole  wrote:
>

> In any case, getting permission to distribute on ODbL terms only would
> seem to be suboptimal and endangers any contributions based on so
> licensed material as any license change, even in name only, would cause
> issues that require going back to the licensor.
>

Simon, can you give an example of language you think would be best for this?

Something like:

"Specific permission is granted to use this imagery for digitizing
data into OpenStreetMap and the resulting OpenStreetMap data to be be
released under the OSM project's license of choice."

Is that what you have in mind?

Cheers,
Blake





Blake Girardot
Humanitarian OpenStreetMap Team, TM3 Project Manager
skype: jblakegirardot
HOT Core Team Contact: i...@hotosm.org

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

On Sat, Jan 21, 2017 at 8:43 AM, Christoph Hormann  wrote:

> However care should be taken that the mapper is in a solid situation
> when using the data independent of the question if his/her work
> actually makes it into the main OSM database.  In the past this has
> often been a problem with specific permissions for restricted access
> data.  License terms or terms of use of a service should not require
> mappers to take additional legal risks.

I do not understand what you saying here. Could you explain this a bit
more please?

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

[OSM-legal-talk] Imagery CC-BY-NC 4.0 + OSM Specific allowance

[Blake Girardot HOT/OSM]

Greetings,

We are working with an imagery provider who is going to release some
of their imagery under cc-by-nc 4.0, and with a specific allowance for
it to be used for digitizing into OSM.

Their main goal as I understand it, is to make sure their imagery is
cc-by-nc 4.0, but they are fine if it is digitized into OSM, knowing
full well the digitized data is released under ODbL 1.0 and
understanding how OSM provides attribution.

Does anyone see any problem with this, or have specific suggestions to
make sure their OSM specific allowance is clear enough?

Cheers
blake

-- 

Blake Girardot
Humanitarian OpenStreetMap Team
skype: jblakegirardot
HOT Core Team Contact: i...@hotosm.org

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk