Re: [OSM-legal-talk] There is no copyright on way tags like street names

2011-12-28 Thread John Smith
On 28 December 2011 18:52, andrzej zaborowski balr...@gmail.com wrote:
 Some reasons that I think it'd be risky to use that fact that there's
 no copyright in some tags are:

 * copyright works this way in many jurisdictions but in other
 jurisdictions the creativity factor is less important and the amount
 of work put into collection of data (sweat of the brow) is more

According to the legal advice Ed Avis went and got, the creativity bar
is pretty low when it comes to maps, not just sweat of the brow...

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Re: [OSM-legal-talk] The detrimental effects of database

2011-11-23 Thread John Smith
On 24 November 2011 05:09, Frederik Ramm frede...@remote.org wrote:
 But I think that the specific example under discussion here actually falls
 short of even this lowered bar. It is quite possible for me to grab a whole
 Way in JOSM and move it one metre to the left (which makes me the last
 editor of, potentially, hundreds of untagged nodes). I don't think that this

Which would be derived from cc-by-sa, so it'd still be under copyright.

 action would nullify the rights of the original contributor of the way, and

Perhaps you should test this theory by copying content from wikipedia,
indenting it to the left one metre.

Also placement of nodes aren't a fact, they are an interpretation of facts.

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Re: [OSM-legal-talk] Adopt a PD-Mapper ....... was Re: Refusing CT but declaring contributions as PD

2011-09-01 Thread John Smith
On 1 September 2011 18:25, Simon Poole si...@poole.ch wrote:
 Obviously I would clearly prefer that the mappers in question simply
 discover some pragmatism and get over any issues they may have with the
 OSMF.

That's an interesting spin on things, wouldn't the pragmatic approach
be for OSM-F to work with CC to come up with a CC-by-SA license that
is deemed more suitable?

Not that I see anything wrong with the current license, in fact the
whole exercise seems like a knee jerk reaction because some think
something must be done.

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Re: [OSM-legal-talk] A case for CT + CC-BY-SA

2011-07-23 Thread John Smith
On 24 July 2011 02:11, Tobias Knerr o...@tobias-knerr.de wrote:
 So do I suggest to stop the license change process? No, I don't. The
 Contributor Terms will solve many problems on their own, so my
 suggestion is what could be labelled CT + CC-BY-SA.

This will cause similar/same problems as CT+ODBL, which stops the
benefits from sharing a like and being able to take changes that
others have made and include them unless they agree to the CT, already
you see this with people saying their changes are public domain so the
data isn't wasted, but absolutely will never agree to the CTs.

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Re: [OSM-legal-talk] [talk-au] Bing

2011-07-11 Thread John Smith
On 11 July 2011 19:55, Andrew Harvey andrew.harv...@gmail.com wrote:
 It is my understanding that Bing essentially said to OSM yes you can
 upload to OSM.

All we have is SteveC's word that this is what happened, to the best
of my knowledge Bing themselves near released anything definitive on
their own website.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread John Smith
On 7 July 2011 16:16, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 That's why I prefer PD because I believe there is no protection and so why
 bother about licenses at all?

Wouldn't it be great if we could all wish away inconvenient laws like
that, however morality often drives laws and they tend seem to think
map content is protected under copyright.

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Re: [OSM-legal-talk] OT: artists and copyright (was Re: license change effect on un-tagged nodes)

2011-07-07 Thread John Smith
On 7 July 2011 16:40, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 So artists have a human right to be rich?

Glad you took my point so far out of context, someone claimed that
copyright existed for economic reasons.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-07 Thread John Smith
On 7 July 2011 16:58, Frederik Ramm frede...@remote.org wrote:
 While they started out wishing OSM to suffer the least possible damage,
 their ego now forces them to demand the most rigid - even absurd - data
 deletion policies for the license change lest they look like idiots for
 starting a fork in the first place.

And what is it you wish by forcing bad terms into the CT just so OSM
might be able to go PD in future, although some of those abilities
have been lost in the process it would seem, you seem to be a firm
believer in PD, why are you settling for second best all of a sudden?

I guess the thought of excessive data loss was unpalatable after all.

 Needless to say, this interesting psychological situation is not a good
 basis for a rational argument.

It seems the only one basing arguments on emotive language in this
thread is yourself, glass houses and not throwing stones and all that.

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Re: [OSM-legal-talk] data derived from UK Ordnace Survey

2011-07-06 Thread John Smith
On 7 July 2011 04:03, Kai Krueger kakrue...@gmail.com wrote:
 Although it still seems to be controversial how clause 1 and 2 of the CT
 interact, with the recent draft intent of the LWG to issue a clarifying
 statement[1] that indeed data only has to be compatible with the current
 license and thus clause 2 only applies to the rights held by the contributor
 and not to all data contributed by the contributor, it might be a good time
 to think about the practical implications of this.

It's my understanding that the OS data needs to be attributed directly
or indirectly, CC-by-SA offers this, but the ODBL doesn't, so if you
mean current license as in CC-by-SA then sure.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 6 July 2011 16:46, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 Then what about the attached alternative versions? For each version I
 started JOSM, opened a new layer, added the node (-31.069902030361792,
 152.728383561) which is close to the beginning of the road, loaded the
 Bing background and traced the road. Between each session there were at
 least 5 minutes.
 If I would replace the original way with one version, would that be a
 copyright infringement?

I'm not sure of your

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 04:20, John Smith deltafoxtrot...@gmail.com wrote:
 On 6 July 2011 16:46, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 Then what about the attached alternative versions? For each version I
 started JOSM, opened a new layer, added the node (-31.069902030361792,
 152.728383561) which is close to the beginning of the road, loaded the
 Bing background and traced the road. Between each session there were at
 least 5 minutes.
 If I would replace the original way with one version, would that be a
 copyright infringement?

I'm not sure of your point here, since you are 1 person, not 10.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 06:12, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 But even if I'm just one person the question still remains: Do you consider
 any of these 4 versions a violation of your copyright?

Are you planning to try and replace all my work one way at a time like this?

Which is of course the real issue, copyright does exist on the
content, and assumptions have to be made about what is likely to have
happened.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 07:25, Andreas Perstinger andreas.perstin...@gmx.net wrote:
 No, I just wanted to show you that you can't really tell if someone retraces
 a removed way by looking at an aerial imagery, by looking at the current OSM
 map or by just moving randomly some nodes.The same goes for
 IMHO that's a very weak protection for a cc-by-sa map.

How will the ODBL help here any better?

This is an issue for all maps and this is why map companies put in
trap streets.

 BTW I've just found some high court decisions which clearly state that a map
 (and its content) isn't protected by copyright automatically here in
 Austria. You have to prove individual creativity. Just reproducing
 geographical facts like the course of a street or a river is not enough:

 http://www.ris.bka.gv.at/Dokumente/Justiz/JJR_19920114_OGH0002_0040OB00125_910_001/JJR_19920114_OGH0002_0040OB00125_910_001.html

 Unofficial Translation: Reproducing of geographical facts which one gets by
 surveying (for example the course of a mountain range, a river or a street
 or the location of a locality) in a map isn't protected by copyright
 (Urheberrecht)

So you are planning to copy from google maps then?

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 08:27, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 Google in addition have their ToS.

So one person copies tiles and breaches contract and gives them to
another person who is only bound by copyright ...

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 09:34, Simon Poole si...@poole.ch wrote:
 That does not imply that individual contributors actually hold any rights in
 the data they
 contributed.  As we know, that is a difficult question and depends on
 jurisdiction and so
 on, and my take on it would be: probably not. For all practical purposes we
 are simply
 pretending that such rights exist and it just doesn't make sense to spend
 hours arguing
 about if moving a node creates a derivative work, because again -we are just
 pretending-.

Think that all you like, it won't make it any more true than the
comment about copyright not really applying in the digital age, the
fact is maps and map making are covered by copyright, and copyright is
recognised in most countries. Otherwise we could take other
copyrighted maps and copy them.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 09:47, Simon Poole si...@poole.ch wrote:
 Normally none of them lead to a protected work and nobody would confuse it
 for creativity

I'm not sure if I'm more amused that you have to try and scale things
down to the size of a brick or the fact that even you state it's the
morally right thing to do which is usually where laws stem from.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 10:04, Simon Poole si...@poole.ch wrote:

 Upps you are really confused about the origins of copyright protection,
 which are rather recent
 and had nothing to do with morals.

I didn't know the late 1800s was considered rather recent

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-06 Thread John Smith
On 7 July 2011 10:20, Simon Poole si...@poole.ch wrote:
 Well  300 to 400 years earlier (as in printing press with movable letters)
 which doesn't make it recent,
 but still twice as old as copyright law.

 The main point however is that copyright law has a economic motivation, not
 moral as you imply.

How many painters die poor?

What about famous composers?

Economics became an issue much later.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-05 Thread John Smith
On 6 July 2011 02:49, ce-test, qualified testing bv - Gert Gremmen
g.grem...@cetest.nl wrote:
 I doubt if any effort in re-creating a map database of the real world
 can be classified as creative work,
 as the mapper inevitably tries to copy reality to the best of his
 effort, and any deviation is just imperfection
 and corrected once the right information is available.

We aren't for the most part trying to make raster images of aerial
imagery, so there is a lot of creativity that goes into making
interpretations of the real world.

 I never met a OSM mapper saying he is using his creativity to create
 an original view of the world. Its not just a lack in precision and
 perfection that
 makes a work creative, the creator must also have the intention to add
 something
 of himself.

In terms of copyright this doesn't matter, just like if you write a
few lines of whatever, you automatically receive copyright on your
work.

 In creating tiles the map I agree. Not in creating a database.

In terms of copyright, it doesn't matter how a map is stored or how it
is displayed, it's the act of making it that matters and because there
is human involvement that's all that matters.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-04 Thread John Smith
On 4 July 2011 22:44, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 IMHO the node position is never a derived work when it is updated. So
 for the case of the untagged node (if isolated an not part of a way,
 i.e. unlikely) we could keep the whole object.

The position of nodes are often derived from the position of other nodes.

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Re: [OSM-legal-talk] license change effect on un-tagged nodes

2011-07-02 Thread John Smith
On 3 July 2011 02:15, Frederik Ramm frede...@remote.org wrote:
 Hi,

   suppose there's a node that has been created by user A with no tags on it.
 Suppose the node has later been moved by user B. A has not accepted the CT,
 while B has.

 Will the node have to be removed when we go to phase 5 of the license
 change?

 You could say: yes, because version 2 is clearly a derived work of version
 1.

 You could also say: no, because the information added in version 2 (new
 coordinates) overwrites all information that was there from version 1, so
 there is nothing left to be protected.

 Opinions?

I'm guessing, but I feel your simple example above would only hold
true for unattached nodes.

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Re: [OSM-legal-talk] License compatibility clarification

2011-06-25 Thread John Smith
On 25 June 2011 06:37, Ed Avis e...@waniasset.com wrote:
 Jonas Häggqvist rasher@... writes:

Is the CT/ODbL compatible with CC-BY-SA?

Say if an organization releases some data under CC-BY-SA, could we use it
(in the CT/ODbL future)?

 If this were possible, then there would be no need for any relicensing 
 exercise.
 The data released under CC-BY-SA would be the existing OSM map, and it could
 just be used directly with CT/ODbL.

 The fact that this is not happening shows that, as generally believed, it is 
 not
 possible to accept CC-BY-SA licensed data under a CT/ODbL regime.

ODBL has no minimum license that produced works can be placed under,
so the only licenses compatible with ODBL are PD/CC0

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Re: [OSM-legal-talk] [OSM-talk] License/CT issues: Let's not punish the world's disadvantaged, pls.

2011-06-22 Thread John Smith
On 23 June 2011 02:30, Kate Chapman k...@maploser.com wrote:
 I appreciate your appeal.  In looking through the data it appears a
 lot of it has sense been field server.  Since the original mapper
 traced the data from imagery.  It seems kind of silly for that to
 cause the data to be deleted.

OSM-F went down this path by their own choosing, how they handle data
they haven't gained express permission from will indicate how far down
the moral ladder things have sunk.

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Re: [OSM-legal-talk] [OSM-talk] License/CT issues: Let's not punish the world's disadvantaged, pls.

2011-06-22 Thread John Smith
On 23 June 2011 02:30, Kate Chapman k...@maploser.com wrote:
 I appreciate your appeal.  In looking through the data it appears a
 lot of it has sense been field server.  Since the original mapper
 traced the data from imagery.  It seems kind of silly for that to
 cause the data to be deleted.

To put this another way, what would happen if someone traced google
imagery and it wasn't till after the street names had been applied
that someone found about the tracing, because that's where things are
at, since you have no more permission to keep data contributed than if
it was contributed from a tainted source.

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Re: [OSM-legal-talk] [OSM-talk] License/CT issues: Let's not punish the world's disadvantaged, pls.

2011-06-22 Thread John Smith
On 23 June 2011 03:37, Jaakko Helleranta.com jaa...@helleranta.com wrote:
 Well, in the case of Haiti this is exactly what happened a lot -- with
 Google's permission, though.

Haiti is one small area, most of the time people that copy from google
don't have permission.

 And having said that I want to point to my original post where I tried to
 emphasize that I respect the choices of the mappers. It's just that I'm
 guessing that not many who have declined or haven't decided but are leaning
 towards declining have thought of the humanitarian / global development /
 even poverty reduction side of their hobby. ... And if asked, not many of
 them would want to make life even more difficult to the
 world's underprivileged.

Why don't you urge OSM-F to stick with the current license, after all
it's the OSM-F pushing for a license change that will end up causing
data loss.

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

2011-06-21 Thread John Smith
On 21 June 2011 23:31, Stephen Gower socks-openstreetmap@earth.li wrote:
 [Sorry to quote so much context - please do scroll down!)

 On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote:
 I think the question being asked arises from the following
 hypothetical chain of events:

 1/ Person A has a database that he licenses under ODbL.

 2/ Person B takes the database and creates a produced work [...] and also
 licenses the produced work (eg map tiles) under either (i) PD/CC0 or (ii)
 CC-By.

 3/ Person C takes the produced work under PD/CC0 or CC-By, and creates
 a derivative work from it by 'reverse engineering' the map tiles to
 recover (some of) the data in the original database. [...]

 I think it's worth re-iterating the point made earlier:

 If Person A has publically expressed their desire that the database and
 copies of it remain under ODbL, and Person C is aware of this, then Person C
 needs to get their own legal advice. Person A, if asked about the possible
 loophole, should just repeat that their intention is that copies of the
 database should only be available under ODbL.

 Person A also should do as much as they can to make sure any potential
 Person C is aware of the intention.  In the case of OSM, it helps that it's
 the largest open map data project - it's likely anyone thinking of creating
 a map data from tiles they somehow got hold of from Person B would
 investigate and discover OSM exists.

I don't think intent alone is enough, if the intent is to limit
derivative copies you need to stipulate that in your license to B,
otherwise you know that C is able to do what ever he likes based on
the license between B and C.

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

2011-06-19 Thread John Smith
On 19 June 2011 19:55, ce-test, qualified testing bv - Gert Gremmen
g.grem...@cetest.nl wrote:
 I just wanted to make clear that our current data
 is submitted under CC-BY-SA (at least our community members declares so)
 but there is absolutely no prove that the data submitted
 can be CC-BY-SA.

Well the assumption is that the data can be licensed as CC0/PD or
CC-by-SA etc, but your statements are more against the CT than
relevant to ODBL...

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

2011-06-19 Thread John Smith
On 19 June 2011 20:16, Robert Whittaker (OSM)
robert.whittaker+...@gmail.com wrote:
 Thinking of the example someone gave or the copyright in sound
 recordings being separate from the copyright in the music / lyrics,
 I'm guessing the answer is some sort of combination of 2 and 3; along
 the lines that person B needs to specify that while the images are
 under the license specified, the underlying data isn't.

You are correct up until the assumption is that person C doesn't have
access to the original data, instead they are deriving data from the
produced images.

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

2011-06-19 Thread John Smith
On 19 June 2011 20:24, Robert Whittaker (OSM)
robert.whittaker+...@gmail.com wrote:
 On 18 June 2011 11:37, John Smith deltafoxtrot...@gmail.com wrote:
 On 18 June 2011 20:35, John Smith deltafoxtrot...@gmail.com wrote:
 Not sure of you point, since cc-by-sa can't be magically turned into
 ODBL data, it can only stay cc-by-sa.


 Oh and as for CTs, they don't guarantee attribution in future
 licenses, so that wouldn't be compatible with CC-by either...

 According to this recent post, LWG are saying that CC-By and CC-By-SA
 sources are both currently fine to use under the CTs:
 http://lists.openstreetmap.org/pipermail/talk-gb/2011-June/011931.html

Since CC-by and CC-by-SA both require attribution than the CTs would
have guarantee attribution, yet ODBL allows people to output PD tiles,
which don't offer attribution.

So for the above statement to be true they'd have to enforce
attribution on produced works at the very least.

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

2011-06-19 Thread John Smith
On 19 June 2011 20:31, Robert Whittaker (OSM)
robert.whittaker+...@gmail.com wrote:
 While person C could indeed get access to the original data (which
 must be offered by B), in the hypothetical situation I envisaged, they
 choose not to do so. They obtain the produced work under PD/CC0 or
 CC-By without seeing the database it was produced from or agreeing to
 the ODbL.

Doesn't hosting/offering the DB only come into play if they make
changes to the data?

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

2011-06-19 Thread John Smith
On 19 June 2011 23:20, andrzej zaborowski balr...@gmail.com wrote:
 I think what Robert is trying to say is that you only have to check
 for compatibility with the current license.  But the current license
 is CC-By-SA, so CC-By-SA data would be okay.

Since things seem to be going head first towards ODBL shouldn't that
license also be considered when advising people about compatibility
with the CT, otherwise it could be seen as very misleading and/or
deceitful if they have full knowledge that it could mislead people.

The ODBL and CT are being sold as a package deal, so that's how things
should always be treated.

 with no midway point.

Even with the current wording in the CT there is no guarantee that
future license changes would definitely remove any data not
compatible, so there and then that should be a show stopper over
compatibility, the CT simply isn't compatible with any CC license
other than CC0.

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

2011-06-19 Thread John Smith
I forgot to ask, do SVG files constitute a produced work?

The kind OSM.org currently outputs as SVG maps.

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

2011-06-19 Thread John Smith
On 20 June 2011 00:53, Rob Myers r...@robmyers.org wrote:
 On 19 June 2011 12:31, John Smithdeltafoxtrot...@gmail.com  wrote:

 yet ODBL allows people to output PD tiles,
 which don't offer attribution.

 The ODbL requires attribution of the database.

 The database can contain other attribution.

 Have you forgotten the PD tiles thread that you and I participated in on
 this list? Here's a reminder:

The problem is I keep getting conflicting information and being told
it's possible to put tiles under any license, including CC0/PD.

So you are saying that CC-by, or equivalent license, is the minimum
compatible with the ODBL?

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

2011-06-19 Thread John Smith
On 20 June 2011 00:55, Grant Slater openstreet...@firefishy.com wrote:
 If however on the other hand if someone created an SVG file specially
 for the purpose of extracted OSM data and tags, it would be extremely
 difficult for them to argue that is a produced work and not a
 database.

That's assuming a single party acting on bad faith, 2 independent
parties operating independently would be able to claim otherwise.

 There is a simple guideline on the wiki: (from 2009)
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline

 In other words CC-by-SA protects data better than ODBL.


 No. See above.

You are assuming that a single party or both parties involved are
operating under bad faith, in all likelihood there could be a range of
places to source data from, even OSM.org for that matter, with a
secondary party operating in the US.

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

2011-06-18 Thread John Smith
On 18 June 2011 19:22, Francis Davey fjm...@gmail.com wrote:
 Tiles are clearly *maps* and so protected as artistic works under
 article 2(1) of the Berne Convention and therefore (one hopes) in
 every country which is a signatory to Berne which includes the US and
 the EU. What you can do with tiles will depend on how OSMF chooses to
 licence the OSM.

Well one assumption I'm making is that everyone is adhering to the
license restrictions placed on them, perhaps this would be easiler
with a solid example.

OSM-F continues to distribute map tiles under a CC-by-SA license and
for the purpose of this example doesn't have a terms and condition
using their website.

Someone from the US comes along and derives some data from the tiles
OSM-F produces.

That same someone then distributes the resulting data under a CC-by-SA license.

At any point is anyone in breach of copyright?

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

2011-06-18 Thread John Smith
On 18 June 2011 19:48, Francis Davey fjm...@gmail.com wrote:
 2011/6/18 John Smith deltafoxtrot...@gmail.com:
 Well one assumption I'm making is that everyone is adhering to the
 license restrictions placed on them, perhaps this would be easiler
 with a solid example.

 OSM-F continues to distribute map tiles under a CC-by-SA license and
 for the purpose of this example doesn't have a terms and condition
 using their website.

 Someone from the US comes along and derives some data from the tiles
 OSM-F produces.

 That same someone then distributes the resulting data under a CC-by-SA 
 license.

 At any point is anyone in breach of copyright?


 Where do they do all these acts? Jurisdiction may matter. In the UK
 reconstructing a substantial part of the database from the tiles would
 almost certainly be an extraction and so potentially infringing the
 database right unless licensed etc. I think quite likely an
 infringement of copyright in the database in the UK as well. Quite
 possibly not an infringement of copyright elsewhere. I simply don't
 know about that.

 Generally doing something indirectly via other works cannot be used to
 launder an infringement in the UK.

Well this is why I asked if the second party was in the US.

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

2011-06-18 Thread John Smith
On 18 June 2011 20:26, Richard Weait rich...@weait.com wrote:
 Is this similar?:

 Andy, in Australia, contributes CC-By or CC-By-SA data to CC-By-SA
 OpenStreetMap.  Perhaps the data is Australian boundaries or
 something.
 Betty, in UK, creates CC-By-SA tiles that include that boundary data.
 Chuck, in USA, creates vectors from those tiles and later contributes
 them to OSM under CC-By-SA and CT/ODbL.

 All fair here?  How would it change if Betty were in USA as well?

Not sure of you point, since cc-by-sa can't be magically turned into
ODBL data, it can only stay cc-by-sa.

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

2011-06-18 Thread John Smith
On 18 June 2011 20:35, John Smith deltafoxtrot...@gmail.com wrote:
 On 18 June 2011 20:26, Richard Weait rich...@weait.com wrote:
 Is this similar?:

 Andy, in Australia, contributes CC-By or CC-By-SA data to CC-By-SA
 OpenStreetMap.  Perhaps the data is Australian boundaries or
 something.
 Betty, in UK, creates CC-By-SA tiles that include that boundary data.
 Chuck, in USA, creates vectors from those tiles and later contributes
 them to OSM under CC-By-SA and CT/ODbL.

 All fair here?  How would it change if Betty were in USA as well?

 Not sure of you point, since cc-by-sa can't be magically turned into
 ODBL data, it can only stay cc-by-sa.


Oh and as for CTs, they don't guarantee attribution in future
licenses, so that wouldn't be compatible with CC-by either...

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

2011-06-18 Thread John Smith
On 19 June 2011 03:40, ce-test, qualified testing bv - Gert Gremmen
g.grem...@cetest.nl wrote:
 What if Betty changes country and decides to reside in France -before-
 publicating
 her tiles on a server located in the Bahama's   and claiming CC0
 ;)

It's silly because some people injected a silly argument into it, but
it would seem that ODBL opens up some pretty big loop holes that
CC-by-SA doesn't, and we've been told time after time about how much
better it is, CC-by-SA is working just fine, but ODBL won't.

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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 frede...@remote.org 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 thought you had asked about tracing from tiles.

 Tiles can be put under CC-BY-SA with no problem; in fact the main OSM
 tileserver is likely to do that.

 A database created by tracing from these tiles might however be subject to
 the limitations I have outlined in my previous email. Whether or not
 CC-BY-SA makes such a distinction or not is not relevant. I tried to explain
 this by referring to the related case of patents (here, too, CC-BY-SA makes
 no distinction), but I understand it is a difficult concept to grasp.

Database restrictions don't concern me, as there is no DB directives
or similar in most of the world, and I don't find any of this
difficult to grasp, but I do keep getting conflicting answers from
those promoting the new license.

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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 sea...@gmail.com wrote:
 On Fri, Jun 17, 2011 at 10:44 PM, John Smith deltafoxtrot...@gmail.com 
 wrote:
 On 18 June 2011 00:40, Frederik Ramm frede...@remote.org 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 something is CC-BY-SA or
 it isn't is, in this simplicity, invalid; that there may well exist
 limitations external to the license that limit what you can or cannot do
 with the CC-BY-SA licensed entity.

 Sorry if I didn't explain myself properly, I meant if you apply
 CC-by-SA you are allowed or limited by that license only, if there is
 further restrictions you would have to use something other than
 cc-by-sa (such as CC-by-ND) to enforce this, OR use a contract.

 If you are given a CC-BY-SA licensed work, they you are limited by by
 the CC-BY-SA license on the copyrightable aspects only. Other aspects
 like trademarks or patents that are inherent in the work are already
 limited irrespective of the CC-BY-SA license. The person who gave you
 the CC-BY-SA licensed work does not have to enforce you to follow
 trademark or patent restrictions, by contract or another copyright
 license.

I'm aware of the patent/trademark issues, I wish Frederik hadn't
brought this up as it only serves to side track things, because unless
he plans to constantly patent tiles we can ignore that side of things
completely.

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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 si...@poole.ch 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.

Depending how much China wants to crack down, any OSM-F member could
probably be thrown in a Chinese jail for failure to comply with
Chinese laws, what's your point?

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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 osmli...@dellams.fastmail.fm 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 specific about what you are licensing):

As I said before, you can easily do this with copyright, use CC-by-ND
instead of CC-by-SA, but if something is licensed as CC-by-SA it can
legally be derived from as long as the resulting work is also
CC-by-SA.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 21:40, Frederik Ramm frede...@remote.org wrote:
 Hi,

 Nick Hocking wrote:

 The only way, I see, out of this mess is for me to map a new set of
 residential roads, using my actual GPS tracks, alongside the nearmapped
 ones, make then properly routable, and maybe put a layer tag on them (for
 the moment) to ensure that routers don't confuse the issue.

 Well if you are prepared to do this work, and if it is clear that the other
 mapper doesn't support the license change, and if you think simply staying
 with the current status for a while is not an option (since you need to add
 road name), then I'd just delete the other person's data and replace it with
 yours. The map will not be worse for it, and the other mapper can hardly
 complain.

He is yet to back up his claims about people using the data, so far
I'm told the SES and other emergency services use their own
GPS/mapping solutions. So unless he can backup his claims he's only
going to be vandalising the map, and here you are cheering him along
after you so carefully worded things earlier to try and prevent any
kind of edit waring or map vandalisim.

As others have pointed out, the best way to handle the change over
would be to start a new database and copy data into it that is
allowable.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 22:35, Frederik Ramm frede...@remote.org wrote:
 Hi,

 John Smith wrote:

 He is yet to back up his claims about people using the data

 I don't think it makes a difference. If I have one set of data with a
 questionable copyright situation and no street names, and another set of
 data with street names surveyed by someone who agrees to the CT, there's no
 reason to prefer the former.

He made the same claim to talk-au without backing up his assertions
when questions so his claims could be verified.

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Re: [OSM-legal-talk] Phase 4 and what it means

2011-06-05 Thread John Smith
On 5 June 2011 22:48, Frederik Ramm frede...@remote.org wrote:
 Where the claim was made has no relevance for my assessment that it does not
 make a difference.

As I said, you tried so hard to word thing to reduce the change of an
edit war and now you are cheering some along to do the exact opposite,
so I'd say it makes a lot of difference at this point in time.

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Re: [OSM-legal-talk] [OSM-talk] Breaking up is hard to do (was New Logo in the Wiki)

2011-05-06 Thread John Smith
On 6 May 2011 22:16, Frederik Ramm frede...@remote.org wrote:
 The alternative would be to continue using CC-BY-SA in the face of
 objections, and continue to misleading users about the effectiveness of the
 license.

Still this sad tired old line, please come up with new FUD to keep
things interesting.

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Re: [OSM-legal-talk] [OSM-talk] Breaking up is hard to do (was New Logo in the Wiki)

2011-05-05 Thread John Smith
On 6 May 2011 15:25, Russ Nelson nel...@crynwr.com wrote:
 has no clothes, and there are no little kids around to say Gee, this
 relicensing thing ... maybe it's not such a good idea?

Plenty of people have been pointing this out, but those that should be
listening aren't and as a result OSM has gone from almost exponential
growth to stagnant growth to negative growth... The fact that people
are turning away from OSM should be a huge wake up call, but sadly no
one is listening...

 It's too late. You have to live with CC-By-SA, even if it's not
 perfect. It's all you've got.

From what I gather about the ODBL, mind you I can't get consistent
views on it which should be a big red flag, it's worst in general for
those using the data, at present you only have to care about
copyright, in future you will most likely have to get contracts with
end users to be in line with the ODBL, to me this is not only going
backwards, but it puts even more onus on people wanting to use OSM
data to the point of being rediculous...

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Re: [OSM-legal-talk] Are CT contributors are in breach of the CC-BY-SA license?

2011-04-17 Thread John Smith
That would be a very narrow and strict interruption of cc-by-sa,
especially since the assumption is a derivative is required by the
user to generate any changes made when the source of their changes
would matter just as much.

For example if they are using GPS data all they would use existing
data for is to work out what doesn't need to be done.

Same would go for the Canadian mass import currently occurring,same
goes for other data imports such as OS.

The only time it would matter is for things like extrapolation the
position of streets based on the location of existing streets.

IANAL etc

On 4/17/11, 80n 80n...@gmail.com wrote:
 It would seem to me that anyone who has agreed to the contributor
 terms and who then edits content that is published by OSM is in breach
 of the CC-BY-SA license.

 Currently the OSM database is published as a CC-BY-SA work.  If that
 content is downloaded from the OSM database and modified then this
 creates a derived work.

 If that derived work is loaded back to OSM then it can only be done so
 under the same license by which it was received, namely CC-BY-SA.
 That's the nature of the share alike clause in CC-BY-SA.  But anyone
 who has agreed to the contributor terms is claiming that they can
 contribute this content under a different license.

 Now I know that it is the intention of OSMF to delete any such
 content, but in fact anyone who has edit such CC-BY-SA derived works
 is already in actual breach of the license under which they *received*
 that content.

 If you have agreed to the contributor terms you are likely to be
 breaching the terms of CC-BY-SA.

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Re: [OSM-legal-talk] Rights granted to OSMF (Section 2 of the CT)

2011-04-16 Thread John Smith
On 17 April 2011 14:39, Eugene Alvin Villar sea...@gmail.com wrote:
 Clearly this is not that big a problem for Apache contributors, why
 should it be a big problem for OSM contributors (setting aside the
 desire to import other data for which the contributor has no right to
 sublicense)?

Apache has been a mature project for quite some time, what you should
be asking instead is why did others go for GPL for their httpd.

In any case this sort of clause is most common with projects like
google map maker, In fact until recently this was a reason used to
promote OSM, the fact that it didn't use the same terms as google map
maker.

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Re: [OSM-legal-talk] Rights granted to OSMF (Section 2 of the CT)

2011-04-16 Thread John Smith
On 17 April 2011 15:17, Eugene Alvin Villar sea...@gmail.com wrote:
 The point still stands. Granting rights to a central body (but not
 your copyright--you still retain that) is not unheard of in open
 communities.

They also aren't generally the most popular, just like BSD lags behind
Linux, which could be due to the strong sharing clauses of the
license.

 I personally have not used the reason you state to promote OSM over

Neither have I, but others have as comments to that extent were on the wiki.

 GMM. I have always emphasized in my outreach that you can use OSM data
 in more ways than GMM's data (such as using OSM data to create Garmin
 maps--Garmin is the most popular PND brand in my country).

That's hardly a reason, if GMM was published for personal use someone
is bound to be able to convert it to garmin format just like others
created tools to use OSM data on Garmin devices.

 I understand though that some may have used the no central body as a
 promotional banner, but that is a really poor method since the FSF and
 ASF has had copyright assignment and rights grants respectively for a
 long time now.

The FSF have 20 years of not only expressing strong opinions about
moral aspects of licensing, but they have stuck to their guns,
something that the OSM-F hasn't done, SteveC states at various times
in the past he will only support share a like licenses, yet the ODBL
and CT both weaken this stance considerably.

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Re: [OSM-legal-talk] Compliance timeline

2011-04-08 Thread John Smith
On 8 April 2011 16:55, Ed Avis e...@waniasset.com wrote:
 I think it would make more sense to work with the Creative Commons people on
 CC-BY-SA version 4, so we can upgrade licences without deleting any data or
 requiring every contributor to transfer rights to the OSMF.  Then everyone 
 could
 just keep on mapping.

Until recently CC people were taking a contrary approach to what they
seem to be taking now, I can't help but think the timing more than
likely had something to do with the continuing debate over OSM-F
licenses.

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Re: [OSM-legal-talk] Contributor Terms upgrade ready

2011-01-19 Thread John Smith
On 19 January 2011 02:10, andrzej zaborowski balr...@gmail.com wrote:
 On 18 January 2011 15:48, Mike Collinson m...@ayeltd.biz wrote:
 The links below show the wording we will formally release. I will confirm 
 when it is done.  We will then set up and announce mechanism whereby anyone 
 who has accepted the 1.0 terms can upgrade, this will be entirely optional.

 The wording drops one suggested change -  the addition of the phrase, and 
 to the extent that you are able to do so or similar into clause (2) - we'd 
 like to look at this one further as it has some potential side-effects as 
 currently worded.

 With this new version, do you/others think it is OK for people who

So far all I've seen is contradicting information coming from people
pushing for this change, one will say yes, another will say no because
you have to give OSM-F the ability to change the license in future and
they can't do this unless the information is done so by a copyright
holder.

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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence

2011-01-08 Thread John Smith
On 8 January 2011 20:37, davespod osmli...@dellams.fastmail.fm wrote:
 If we assume that the reading of ODBL in the LWG minutes is correct, then
 ODBL would not require attribution of OSM's sources in produced works (e.g.,
 maps), rather only attribution of the OSM database.

 https://docs.google.com/View?id=dd9g3qjp_87d3bmhxgc
 (see 5.c)

Richard has expressed an opinion that produced works must be attributed.

 Or am I missing something? (Probably.)

The proponents of ODBL can't even agree what it means, so what help is
there for the rest of us.

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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence (was: CTs and the 1 April deadline)

2011-01-07 Thread John Smith
On 7 January 2011 23:56, Mike Collinson m...@ayeltd.biz wrote:
 requirement.  Since the Australian government, virtually alone, publishes

I was under the assumption that the NZ govt, if not many others,
published data under the same/similar license.

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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence (was: CTs and the 1 April deadline)

2011-01-07 Thread John Smith
On 8 January 2011 01:33, Mike Collinson m...@ayeltd.biz wrote:
 The practice appears limited to Australia and New Zealand.  The last figures 
 I compiled for OSM data imports are:

From what I've been told privately by people on the inside is that
they're not happy that they've been encouraged to share at all, and
the lack of suitable attribution would give them the ammo they needed
to be able to not have to share in future.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-07 Thread John Smith
On 8 January 2011 01:21, Mike Collinson m...@ayeltd.biz wrote:
 I naturally would prefer the term flexibility rather than indecisiveness 
 :-) and that it is a highly strategic feature not a bug.

I don't see it as flexibility, I see it as indecisiveness, I can
only imagine how disorganised and a mess linux kernel development
would be without a clear outlook on licensing, linux is clearly GPL
and BSD is clearly BSD licensed, it's not going to chop and change at
the whim of a small vocal group.

 I hope you will stay contributing and be a party to future collective 
 decisions whether or not we personally agree.  OSM is a very, very long life 
 project about free and open geodata. Share-alike and PD are tools just as 
 Ruby-on-Rails is. Flexibility on those tools is important for three reasons.

I can't and won't continue to contribute to OSM-F after the CT becomes
mandatory. Just as Frederik made it clear he wouldn't continue with
OSM-F if PD wasn't possible in future. This is a moral issue for me
and I can't give OSM-F a blank cheque just as Nearmap won't.

 - The first is short-term, internal to OSM and political.  There are broadly 
 two main groups of contributors, share-alike and PD proponents.  Each side 
 claims to be in the majority so the reality is that both sides are roughly 
 even and neither can claim moral ascendency. My goal is consensus between 
 those two groups: we stay share-alike, we pioneer a coherent share-alike 
 license for highly factual data and we explore how it can work in the real 
 world. If it works well, the 2/3 majority required to make a change 
 effectively locks in share-alike.  Otherwise, the PD proponents who 
 reluctantly go along can try and persuade us why a PD-like license can best 
 serve the open data movement, and they have a rational, democratic mechanism 
 to do so.  If enthusiastic supporters of either side are unhappy, then I have 
 done my job well :-)

This should be of great concern, if you think those expressing
opinions now against the CT is bad, imagine the fireworks over such a
moral and personal issue. This is bordering on a religious debate and
well people have been blowing up churches lately because of
differences of religious opinions. In fact the only non-religious
based conflict at present is North Korea.

 - OpenStreetMap is THE pioneer in creating and licensing open highly 
 granular, high factual data. It took over 10 years for the choices for 
 licensing open software to become obvious and reasonably mature. We are only 
 6 years in and still discussing our opening move.

I see the ODBL as a step backwards, the license is so complex and so
misunderstood even by those promoting it that how is everyone else
going to cope, at least with a simple copyright license expectations
and so forth are well understood, and while you seem to be implying
map data is a simple database of factual information, this is a bone
of contention as others have pointed out that maps can be
copyrightable regardless of the format they may reside in, and maps
were the first thing copyrightable. At present the only issue seems to
be that CC-by-SA lacks a database clause.

 -The flexibility is ultimately for the long, long term.  A very large 
 percentage of what we map now will still be valid in 120 years time, just as 
 I can still navigate using a local 1891 OS map. We are on the extreme end as 
 to the potential life of our project. Software, even operating systems, come 
 and go and get re-written with fresh perspectives.  If, as happens, they die 
 because the licensing regimen did not anticipate the future, it is not such a 
 big deal. For us, it is.  Share-alike is a tool to progressing the goal of 
 Open IP, not an end in itself. May be it will have outlived its utility in 
 10, 50 or 100 years, may be it won't.

I keep getting told that the flexability is in the best interests of
the project, if this were true was is it more common for commercial
entities to require this, where as most other things like the linux
kernel has clearly defined principals that the project is based on.
This will only end in tears.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-07 Thread John Smith
On 8 January 2011 01:38, John Smith deltafoxtrot...@gmail.com wrote:
 I keep getting told that the flexibility is in the best interests of
 the project, if this were true why is it more common for commercial
 entities to require this, where as most other things like the linux
 kernel has clearly defined principals that the project is based on.

Actually now that I think about it, I'd love pay for ring side seats
to see the outcome of such flexibility if linux kernel contributors
were made to agree to such a contract before they could upload code,
so the project might have flexibility if contributors in future
thought some other license would be better for the project and well
GPL v BSD arguments of the past would look like a friendly get
together.

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Re: [OSM-legal-talk] UK mapping authority switches to Open Government Licence

2011-01-07 Thread John Smith
On 8 January 2011 03:12, Richard Fairhurst rich...@systemed.net wrote:
 Version 1.2.3 of the Contributor Terms state You are indicating that, as
 far as You know, You have the right to authorize OSMF to use and distribute
 those Contents under our _current_ licence terms (my emphasis). They also
 only require that you grant rights to OSMF to the extent that you are able
 to do so, so the fact that you can't grant rights over and above those
 required by ODbL is not a problem.

Erm doesn't that invalidate the flexibility or relicense in future
people keep going on about?

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Re: [OSM-legal-talk] How to remove my data since 2006

2011-01-05 Thread John Smith
On 5 January 2011 22:15, Grant Slater openstreet...@firefishy.com wrote:
 Repeated again... per account. The 1.0 version of the CT terms are not
 clear, but the intent is per account.

And here I was thinking that contracts are about what's in them... No
matter how much you'd wish and hope they'd have been more clear to
begin with, it won't change the wording until you actually update what
people can agree to.

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Re: [OSM-legal-talk] How to remove my data since 2006

2011-01-05 Thread John Smith
On 5 January 2011 22:21, Maarten Deen md...@xs4all.nl wrote:
 CTs will allways be per account. There is nothing linking seperate accounts
 together or even to an actual person. There is only an e-mail address.
 Any one person can also create multiple accounts and choose to accept or not
 accept the CT for his currently exisiting account as he wishes.

You seem to be confusing enforcement of contracts with the contract
itself. Just because something might be difficult to enforce doesn't
make it less enforcible, and as usual, it mostly effects those that
tend to err to the side of caution/honesty.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-05 Thread John Smith
On 5 January 2011 22:28, Grant Slater openstreet...@firefishy.com wrote:
 Our mapping is (likely) illegal in North Korea and a few other

You have mentioned China, because mapping there is illegal without the
proper permits or whatever you need.

 regions. I bet we would not remove the data even if formally demanded
 by the North Korean Government etc.

Since OSM data is hosted in the UK this is mostly a strawman argument.
This is argument is only applicable for those that are collecting data
by survey, since they would be breaking the law.

 The language choice of language is intentional.

What exactly is your point here?

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-05 Thread John Smith
On 5 January 2011 22:41, Richard Fairhurst rich...@systemed.net wrote:
 As I said to Robert last night, I don't think you need to explicitly write
 we will not do anything illegal into the Contributor Terms, whether the
 illegal act is shooting Google executives or deliberately distributing
 copyright material without permission.

What's with the comparisons of contract law and criminal law? This
seems like comparing apples and oranges, of course you can't kill
people, well there is even exceptions there but that is getting off
topic.

The problem here is the fact that you want to do something,
incorporate OS data into OSM, however I can't see how the current CTs,
or even any of the rivisions would allow this unless you added some
guarantees of actions that would be taken in future if the license was
changed.

 So when the CTs say that [OSMF] may delete that data, that's just a
 warning to the user. It doesn't need to be a promise of we won't break the
 law because that's taken as read - especially in the light of the clause

Breaking contracts isn't usually breaking the law, however the law
can be invoked to remedy any breaches of that contract law, however
I'm not claiming that, I'm saying you can't even do something unless
you have at least some kind of policy on outcomes of certain events
occurring, in this case putting it in the CT contract would make a lot
of sense if you actually wanted to allow others to do something that
the CTs would otherwise prohibit.

 that starts off the whole of Section 1, We want to respect the intellectual
 property rights of others.

Which to me is typical cover your ass type clauses that exist in most
places, it doesn't state how or what would happen in cases that that
clause is breached.

This goes back to Steve Bennett's question about unagreeing to the CT,
it seems to me he breached the CTs the moment he agreed to them in
which case the CT would be null and void since nothing is specified as
to what should happen.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-05 Thread John Smith
On 5 January 2011 23:53, Richard Fairhurst rich...@systemed.net wrote:
 Copyright infringement _is_ a criminal offence in England  Wales; and the
 CTs expressly state that the agreement between OSMF and the user shall be
 governed by English law.

I was under the impression that only the US had personal copyright
infringement as a criminal offence... This is generally given as a
reason that individuals aren't being sued outside the US for copying
music.

 From CDPA 1988 (there's lots more):

 A person commits an offence who, without the licence of the copyright
 owner... distributes... to such an extent as to affect prejudicially the
 owner of the copyright... an article which is, and which he knows or has
 reason to believe is, an infringing copy of a copyright work.

 The penalty is up to ten years' imprisonment. Scary stuff.

Would that penalty be for personal or commercial infringement?

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-05 Thread John Smith
On 6 January 2011 00:29, John Smith deltafoxtrot...@gmail.com wrote:
 I was under the impression that only the US had personal copyright
 infringement as a criminal offence... This is generally given as a
 reason that individuals aren't being sued outside the US for copying
 music.

... being sued to the same extent outside the US...

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-05 Thread John Smith
On 6 January 2011 10:11, Tobias Knerr o...@tobias-knerr.de wrote:
 This would not be better at all, it would render the whole idea of
 relicensing via Contributor Terms pointless.

This aregument you keep stating about people thinking the data is
owned by people isn't the full store, in fact I think it was Anthony
that pointed this out the other day about people collaborating on a
movie project and having a certain expectation about the licensing at
the end of it, however the CTs introduce, with respect to licensing,
an uncertainty about the license the project will operate in future.

Or to put this in context, how many people would contribute to a GPL
project that has a CT with a similar relicensing clause, meaning to
allow future contributors to make all kinds of licensing decisions on
behalf of those that laid the ground work to switch to a BSD license.

Grant and others keep going on about reading the spirit of the CT more
than the wording, but at present OSM uses a share a like license
(similar to GPL) but might switch to a PD/BSD license in future, this
uncertainty will turn many in the software world off, as I keep asking
why is the majority of OSM software so proudly offered under GPL and
not BSD if you want things to be future proofed?

Why is asking OSM(F) for some license certainty such a bad thing, it's
this kind of statement that would define if you like, the types of
people willing to contribute. Take for example Frederik's post a
couple of months ago about no longer contributing to OSM if it wasn't
even remotely possible for OSM to be PD in future. Then you have the
new sign up stats, I'm not sure how many have ticked the PD box, but
I'm guessing most don't bother to read what that tick box is for and
tick it because they're so used to I agree boxes at the bottom of
sign up forms, and not expecting that it does something completely
different.

Alternatively you also have SteveC who has made comments about not
supporting a change to a license without share a like.

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread John Smith
On 4 January 2011 18:40, Stephan Knauss o...@stephans-server.de wrote:
 you misunderstood. After 31st March you have to mandatory agree to CT in
 order to continue to EDIT.
 eg: After this date no NEW nearmap data could be inserted unless compatible
 with CT.

Which brings up the other point of contention about the 2/3rds of
active contributors that others have pointed out, namely that you lock
out people from contributing further that may object to further
license change there by being able to do things like vote stacking to
suit your agenda...

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread John Smith
On 5 January 2011 01:49, Richard Fairhurst rich...@systemed.net wrote:
 As it happens OS is planning to move to the Open Government Licence, and
 this has an explicit compatibility clause with any ODC attribution licence.
 (It also has sane guidance on attribution, e.g. If it is not practical to
 cite all sources and attributions in your product prominently, it is good
 practice to maintain a record or list of sources and attributions in another
 file. This should be easily accessible or retrievable.)

That might work for ODBL which has attribution requirements, although
if produced works are exempt from attribution requirements and the CT
allows for license changes to non-attribution licenses how can you
link back to a list of sources to attribute?

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread John Smith
On 5 January 2011 01:54, Frederik Ramm frede...@remote.org wrote:
 I think that would be perfectly ok, albeit perhaps hard to define. (For
 example the evil OSMF could change the license on the Wiki so that Joe the
 would-be contributor cannot, for his moral reasons, participate on the Wiki
 any more etc.etc.)

Either way you look at it, someone contributing crap would be
eligible, while someone contributing reasonable content to the wiki
would be excluded. How is that reasonable?

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Re: [OSM-legal-talk] CTs and the 1 April deadline

2011-01-04 Thread John Smith
On 5 January 2011 02:16, Tobias Knerr o...@tobias-knerr.de wrote:
 I believe that this underlying spirit of the Contributor Terms fits the
 reality of OSM. Already today, there's hardly a way I've created or

That's not the impression I get, take this comment for example:

http://lists.openstreetmap.org/pipermail/talk-au/2010-December/007385.html

The only difference between Anthony and others is the scale of what
they might think as their's it seems to me...

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread John Smith
On 23 December 2010 00:42, Anthony o...@inbox.org wrote:
 This interpretation (or at least, the acceptance of it as something
 OSM would want to do) is truly evil.  I only wonder how widespread it
 is among OSM contributors.  I hope in good faith that it is held by
 very few.

After turning the vote of OSM-F members from being one of agreeing to
a process to making it look like one of agreeing to change the option
of doing evil seems to be the status quo these days...

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Re: [OSM-legal-talk] New phrase in section 2

2010-12-08 Thread John Smith
On 8 December 2010 18:51, Richard Fairhurst rich...@systemed.net wrote:

 John Smith wrote:
 In addition, some licences (such as the new UK Open Government
 Licence) openly avow compatibility with ODC's attribution licences
 (ODC-By and ODbL).
 Nice bait and switch...

 Goodness me, John, do you have to be so confrontational about _everything_?!

My point exactly, it's not nice to make slightly misleading statements
appear as if an apple and an orange are identical. It'd be nice if
those that want to lump the CT in with the ODBL could be consistent,
rather than picking and choosing as it benefits them.

 In your first paragraph you lump ODBL+CT together and then you
 conveneintly only use ODBL in your second paragraph, please point
 out if the UK Open Government License is also compatible with
 ODBL+CT.

 In my view, yes, it is compatible with ODbL+CT 1.2 (though not 1.0). OGL is
 an attribution licence and CT 1.2 guarantees attribution within the rights
 grant to OSMF.

It's one thing to give you a pretty flower and tell you it will live
forever, but at some point every thing fades away and you end up with
reality, rather than half baked guarantees that may not actually be
100% of what was implied or suggested, there is strong doubts that
this would actually live up to the expectation and may end up causing
more harm than it would ever increase good will in future.

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Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-07 Thread John Smith
On 8 December 2010 10:37, Simon Ward si...@bleah.co.uk wrote:
 On Mon, Dec 06, 2010 at 07:58:26PM +0100, Frederik Ramm wrote:
 ODbL is not a PD license, so you do not have to be afraid.

 The Contributor Terms effectively change the licence.

Frederik seems to consistently misrepresent the license in this sort
of dishonest fashion, I've seen some of the emails he wrote on the
subject of license changes during 2009 and he showed much more
integrity and moral fiber on the subject, it's such a shame he, and
others keep doing this.

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Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-07 Thread John Smith
On 8 December 2010 11:08, Grant Slater openstreet...@firefishy.com wrote:
 Disappointing as ever... [citation needed]

What is disappointing is you can't or won't spend the time to brush up
on the history of the license debate, or when you see a false
statement being made repeatedly and you don't bother to ask the person
to retract their comment and to refrain from pushing the same false
statements in future. Instead you choose to make emotive statements
trying to belittle those that would like to see a lot more honesty and
transparency on the license debacle.

You have just proven Steve Bennett point perfectly:

 I don't know how to have constructive discussions on the topic though - most 
 seem to devolve fairly rapidly.

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Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-07 Thread John Smith
On 8 December 2010 11:40, Grant Slater openstreet...@firefishy.com wrote:
 I have asked for you to say who is lying and where, but you go on and
 on with vexatious claims.
 What false statements? If they are being made so repeatedly can you
 point them out? List archive links prefered.

So you've seen my claims and so I can only conclude you are most
likely trying to push me into wasting time to gather links to posts
you are already fully aware of.

Go Fish.

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Re: [OSM-legal-talk] New phrase in section 2

2010-12-07 Thread John Smith
On 8 December 2010 11:57, Richard Fairhurst rich...@systemed.net wrote:
 compatible with ODbL+CT; and to publish this information for the benefit of
 future mappers.

 In addition, some licences (such as the new UK Open Government Licence)
 openly avow compatibility with ODC's attribution licences (ODC-By and ODbL).

Nice bait and switch...

In your first paragraph you lump ODBL+CT together and then you
conveneintly only use ODBL in your second paragraph, please point out
if the UK Open Government License is also compatible with ODBL+CT.

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Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread John Smith
On 25 November 2010 17:39, ce-test, qualified testing bv - Gert
Gremmen g.grem...@cetest.nl wrote:




 The position is a fact, name is a fact, cuisine they serve is a fact,
 along with the other details.
 Facts cannot be copyright. Creative Commons licences are not designed
 for factual information.

 [GG]
 I agree with that, and no facts can be protected by any law.

Correct me if I'm wrong, but wouldn't the only positional fact be
things like geocoding lookups?

If you have to make a decision about placement doesn't this require
some kind of creative process or decision on the placement, regardless
if it is derived or interpreted?

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Re: [OSM-legal-talk] JOSM and spam

2010-11-24 Thread John Smith
On 25 November 2010 09:30, Erik Johansson erjo...@gmail.com wrote:
 3. give the finger to all people anti ODbL

At least you are being honest, which is more than Frederik seems to be
capable of, you don't make any pretense that there was ever any kinda
of democratic process going on and the whole thing is a sham and a
white wash to push through what ever agendas are in play...

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Re: [OSM-legal-talk] JOSM and spam

2010-11-24 Thread John Smith
On 25 November 2010 12:05, Richard Weait rich...@weait.com wrote:
 Frederik is a generous and respected contributor to the OpenStreetMap
 community. His record speaks for itself and he doesn't need me or
 anybody else to stand up for him.

Regardless of other deeds, he has been less than forthcoming about the
license issue, he even admitted previously about not giving other
parties all details about what the license change over means (lie of
omission).

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Re: [OSM-legal-talk] JOSM and spam

2010-11-24 Thread John Smith
On 25 November 2010 12:14, Grant Slater openstreet...@firefishy.com wrote:
 On 25 November 2010 02:10, John Smith deltafoxtrot...@gmail.com wrote:
 On 25 November 2010 12:05, Richard Weait rich...@weait.com wrote:
 Frederik is a generous and respected contributor to the OpenStreetMap
 community. His record speaks for itself and he doesn't need me or
 anybody else to stand up for him.

 Regardless of other deeds, he has been less than forthcoming about the
 license issue, he even admitted previously about not giving other
 parties all details about what the license change over means (lie of
 omission).


 [citation needed]

You could have found it faster than replying to that email...

http://www.google.com/search?q=site%3Alists.openstreetmap.org+%22lie+of+omission%22

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Re: [OSM-legal-talk] JOSM and spam

2010-11-24 Thread John Smith
On 25 November 2010 12:41, Richard Weait rich...@weait.com wrote:
 On Wed, Nov 24, 2010 at 9:22 PM, John Smith deltafoxtrot...@gmail.com wrote:

 How charming that you use selective quoting to fabricate a lie of
 omission.  Viewing the original shows no lie.  And that your
 fabrication failed to gain traction the first time you trotted it out.

Nice attempt at distraction, but it doesn't refute the point that he
didn't tell the whole truth and was at least a little deceptive about
the whole thing.

 http://lists.openstreetmap.org/pipermail/talk/2010-September/053903.html

 You are entitled to your anonymity and your pseudonym.  Even though it
 wraps your every word in a lie of omission.

Are you planning to call anyone that ever used a pen name a liar as
well, at least I'll be in good company I suppose...

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Re: [OSM-legal-talk] auckland city council copyright notice

2010-11-01 Thread John Smith
On 1 November 2010 11:44, Richard Weait rich...@weait.com wrote:
 Municipalities shouldn't write licenses; it ain't their job.  It ain't
 their core competence.  Their citizens ain't paying for the city to do
 license composition and maintenance.

Regardless what we'd like, we should be happy they didn't just slap
crown copyright all over everything and are branching out with more
liberal licenses, this sort of mindset change doesn't happen over
night and it's a shame that this sort of thing isn't celebrated,
rather than shunned.

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Re: [OSM-legal-talk] How to deal with CC 2.0 data imports? Proposal Dual licensing of data under odbl-1.0

2010-10-29 Thread John Smith
On 30 October 2010 00:07, Mike  Dupont jamesmikedup...@googlemail.com wrote:
 I have written to the people who donated the data to dual license it
 under the oodbl as well as under the creative commons.
 http://www.opendatacommons.org/licenses/odbl/summary/

That may not be enough, as they would have to agree to allow OSM to
relicense it in future, not just agree to ODBL:

http://wiki.openstreetmap.org/wiki/Open_Database_License/Contributor_Terms/Open_Issues#Incompatibility_with_ODBL_.2F_Share_A_Like_Data

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Re: [OSM-legal-talk] How to deal with CC 2.0 data imports? Proposal Dual licensing of data under odbl-1.0

2010-10-29 Thread John Smith
On 30 October 2010 03:56, Mike  Dupont jamesmikedup...@googlemail.com wrote:
 I see, and there is no way around this? So everyone in the world
 become bound by the contributor terms? does anything think this is
 even feasible?

Those trying to push OSM towards PD think it's feasible and are doing
their utmost to push their agenda on everyone else.

 What type of license is that?

It's not a license, it's a contractual agreement.

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Re: [OSM-legal-talk] How to deal with CC 2.0 data imports? Proposal Dual licensing of data under odbl-1.0

2010-10-29 Thread John Smith
On 30 October 2010 04:28, Kai Krueger kakrue...@gmail.com wrote:
 There appear to be some interesting thoughts about this in the most recent
 LWG meeting minutes ( https://docs.google.com/View?id=dd9g3qjp_89cczk73gk )
 in the Contributor Terms Revision section:

Until recently there was no indication of any kind of compromise, and
while it's encouraging to see this is now occurring it doesn't
actually take effect until/unless something ends up in an official
copy of CTs...

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-10-01 Thread John Smith
On 1 October 2010 21:04, Rob Myers r...@robmyers.org wrote:
 You're joking. It's a few pints worth of money.

Nice, just insult most people not in a first world nation, that sort
of money is a months worth of wages (or more) to some...

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-30 Thread John Smith
On 30 September 2010 18:31, Rob Myers r...@robmyers.org wrote:
 On 09/30/2010 02:56 AM, John Smith wrote:

 Those sorts of comments are made to distract from the real issue, that
 they know that the license is most likely incompatible, and because it
 most likely won't effect them personally. Yet they hold stead fast to
 the current course of things regardless of the impact on others...

 Nobody has determined that OS data is incompatible (or that it cannot be

The lawyer for OS claims it isn't...

 made compatible if it is). At worst we have conflicting reports. I'll take

Considering that so far no one seems to be willing to compromise to
allow other similar licenses I strongly doubt that it will occur.

 legal advice over reported email comments in that case, though.

As myself and others have pointed out, the OS lawyer(s) claim it's not
compatible.

 Quite a few of the people in this debate who are in favour of the ODbL are
 from the UK. We would be affected by the loss of OS data if that actually
 happens.

What are you going to do if the CT or ODBL isn't changed so that is
compatible with OS data?

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread John Smith
On 30 September 2010 21:51, Richard Fairhurst rich...@systemed.net wrote:
 The Contributor Terms are the _standard_ agreement between contributors and
 OSMF.

I can't be bothered searching for it and I'm paraphrasing, but
Frederik posted to one of these lists that it was only likely 2 or 3
exemptions to the CTs would be given, perhaps 10 at most world wide.

So while you are correct, it's already clearly outlined that some
aren't fond of anything but the CTs.

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-29 Thread John Smith
On 29 September 2010 22:21, Grant Slater openstreet...@firefishy.com wrote:
 The legal advice is that OS OpenData _is_ compatible.

Any reason you specifically didn't mention that OS's lawyer refutes that claim?

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-29 Thread John Smith
On 30 September 2010 07:58, Paul Williams pjwde...@googlemail.com wrote:
 or contributor loss), but have felt unhappy about such comments as
 those quoted above that the OS data doesn't matter and so it doesn't
 matter whether the licence is compatible - I and I am sure many other
 people find the OS data to be a very useful tool for their mapping.

Those sorts of comments are made to distract from the real issue, that
they know that the license is most likely incompatible, and because it
most likely won't effect them personally. Yet they hold stead fast to
the current course of things regardless of the impact on others...

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Re: [OSM-legal-talk] Usage of ODbL

2010-09-29 Thread John Smith
On 30 September 2010 06:34, Frederik Ramm frede...@remote.org wrote:
 This is about the ODbL being adopted by others, thus showing that it is not
 just OSM who believe that it is good.

What about Ed's question, regardless if the information is useful for
OSM or not, could it be imported into OSM?

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-28 Thread John Smith
On 28 September 2010 21:03, Frederik Ramm frede...@remote.org wrote:
 The question I am asking myself is: Is the ability to import as much
 government data as possible really worth the hassle? And my personal answer
 is a clear no; because to me, the value of imported data is very small,
 almost neglibile compared to data contributed by members.

How many more people have to express an opinion that differs to yours
before you will accept the fact that people do want the ability to
import data, not to mention the ability to keep existing work.

I really wish someone would have the backbone to fess up and say OSM
will now go in this direction, or OSM is going in that direction,
because frankly the indecisiveness is turning existing and potential
contributors away.

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-28 Thread John Smith
On 29 September 2010 02:14, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 Most of the mappers I know are not fond of imports. You can mostly
 just import data that is already available elsewhere. Data that gets
 imported without a vivid community is doomed to get old and useless.

Ok, lets not confuse issues here, one is either imports done poorly or
data that is of low value/poor quality, and the other is the ability
to import data.

 People care much more for their own data then for imported data.
 Frederik is not alone with his statement, there is a big community
 behind him that sees this similar.

And there seems to be just as many infavour, however the two groups
seem to differ only by their experience of previous imports.

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-28 Thread John Smith
On 29 September 2010 02:28, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 OK, lets not confuse issues here, one is to perform the import, the
 other is maintenance and updates of the data.

How is maintenance of imported data any different than maintenance of
non-imported data?

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-28 Thread John Smith
On 29 September 2010 02:45, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 thing is if you have non-imported data, there is usually someone who
 is caring for it. If you do imports, there might be someone but mostly

How many people that mapped Haiti still care for that data 6 months later?

While that is the most obvious example, others include user turn over,
I've seen figures of 50%, so again 6 months later the user that added
information could be long gone.

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Re: [OSM-legal-talk] OS Opendata amp; the new license

2010-09-28 Thread John Smith
On 29 September 2010 04:52, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote:
 The latter is most definitely 'cared' for  'maintained'. I certainly don't
 want to loose the ability to do b) nor loose existing data I've added that
 way.


 neither do I

Ok, I see my problem before, it was with the word 'import', so
ignoring that, do you think it's a good idea to be compatible with
other similar licenses?

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Re: [OSM-legal-talk] Natural person in CT 3

2010-09-20 Thread John Smith
On 21 September 2010 06:38, Ulf Möller o...@ulfm.de wrote:
 On the other hand, if someone has two accounts, we probably can rely on the
 honor system.

Currently it's being suggested that people create a second account so
they can agree to the CTs, this doesn't seem to be the sort of thing
that people should be told, since agreeing to the CTs is supposed to
cover a person not an account.

http://lists.openstreetmap.org/pipermail/talk-au/2010-September/007101.html

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Re: [OSM-legal-talk] Natural person in CT 3

2010-09-20 Thread John Smith
On 21 September 2010 08:10, Richard Weait rich...@weait.com wrote:
 CTs are per account.  Active Contributors are per person.

Exactly, you agree to the CTs as a person, which then encompasses all
accounts used, unless the wording of the current CTs is changed your
suggestion shouldn't be given.

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Re: [OSM-legal-talk] OS Opendata the new license

2010-09-17 Thread John Smith
On 18 September 2010 07:15, Dave F. dave...@madasafish.com wrote:
 2) My question was about how the new license/CT is worded *now* not in the
 assumptive future.

The problem is the CTs allow the potential for relicensing with a
fairly low barrier, but they don't address what happens with existing
data when such a license change happens, and this is the issue.

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Re: [OSM-legal-talk] OS Opendata the new license

2010-09-16 Thread John Smith
On 17 September 2010 05:25, Grant Slater openstreet...@firefishy.com wrote:
 This clashes with the legal advice giving to the Licensing Working
 Group in that OS OpenData's license _is_ compatible with ODbL and the
 Contributor Terms. Specifically section 4 of the Contributor Terms
 provides a mechanism for attribution.

You are yet to explain how this actually satisfies things completely...

http://wiki.openstreetmap.org/wiki/Open_Database_License/Contributor_Terms/Open_Issues#Incompatibility_with_CC-BY_.2F_Attribution_Data

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