Re: [OSM-legal-talk] new use case

2015-03-02 Thread Richard Weait
I'm pretty sure that Martijn means does NOT allow, rather than now.  :-)

So, whatever you are planning, Jennifer, hitting the editing API is
probably going to get you some unwanted attention.  There are other
ways to access the OpenStreetMap data, and you'll want to make sure
that you are using one of those approved methods that is suitable to
your use case.  To be clear, accessing and using OpenStreetMap data is
okay, all else being equal. Causing inappropriate stress on
OpenStreetMap Foundation resources is not okay. Let's presume that you
are going to use the replication data method to keep a local and
current version of OpenStreetMap data, so you won't be loading the
editing API.

What you describe in very general terms does sound like case 3 from
that wiki page, [1]. I want to publish something based on
OpenStreetMap data and my own data.

So where you ask, 1) is this allowed,  I would say, yes, the
license grants you permission so long as you comply with the terms of
the license.

and where you ask 2) If so, how would I give credit if nothing is
displayed? Or would I not have to give credit since no map or direct
data is displayed?

This answer is more complicated.  You are obliged to give credit, that
is one of the license terms.  So if you fail to give credit, you
haven't got a license to use and republish the data.  Additionally,
there is the share-alike obligation.  So, if that applies, you'll have
to meet that obligation as well.  You've been very general about the
nature of the external data you plan to consult, so I don't know if
you'll have an obligation to share-alike.

How would you give credit?  You should do so in a manner suitable or
customary to the medium.  Consider the TV credit roll mentioned in the
wiki.  For say, cupcakes or ear rings made with OpenStreetMap data, I
would expect a notation on the packaging.  For a wall clock, or
coasters, I would expect a label on the back.[2]  For electronic
hardware I'd expect credit in the firmware and the documentation.  So,
in short, the credit should be where a user, or consumer, or developer
(or mapper) would expect it.  Credit shouldn't be somewhere hidden
behind a disused file cabinet.  :-)

Best regards and happy mapping,
Richard

[1] 
http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_3:_I_want_to_publish_something_based_on_OSM_and_my_own_data
[2] http://weait.com/coasters.png

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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-02 Thread Richard Weait
On Sun, Nov 2, 2014 at 6:17 PM, Alex Barth a...@mapbox.com wrote:

 On Thu, Oct 30, 2014 at 8:40 AM, Martin Koppenhoefer
 dieterdre...@gmail.com wrote:


 Updated:
 http://wiki.openstreetmap.org/w/index.php?title=Open_Data_License%2FGeocoding_-_Guidelinediff=1102233oldid=1076215


 Hey Martin - the change you link to was to replace the term 'geocode' with
 the more common 'geocoding result' - do you have a specific concern with it?

GEOCODE is a trade mark belonging to a litigious, oh I shouldn't get
personal, professor.  :-)  The background is on the wiki, but I
thought this was made clear earlier in the thread?

http://wiki.osm.org/wiki/Geocode_Trademark

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Re: [OSM-legal-talk] Google awarded patent on automatic correction of road geometry from imagery

2014-06-05 Thread Richard Weait
Didn't Steve C publish an automated tool to create road geometry from
aerial imagery when he was at Microsoft?

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Re: [OSM-legal-talk] Community Guidelines - Horizontal Cuts better text

2014-05-19 Thread Richard Weait
On Mon, May 19, 2014 at 1:18 PM, Michael Collinson m...@ayeltd.biz wrote:
 Thanks to all have responded specifically or generally on our community
 guidelines draft. I have been able to make a number of small changes which
 tighten and clarify without changing intent.

 I have made one large edit by replacing my original horizontal cuts text
 with some that I believe is better [1].

[ ... ]

I find the new text to be clear and believe that it will serve well as
a community guideline.

 [1]
 https://wiki.openstreetmap.org/wiki/Open_Data_License/Horizontal_Layers_-_Guideline

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Re: [OSM-legal-talk] Creative Commons license question

2014-05-04 Thread Richard Weait
On Sun, May 4, 2014 at 2:44 AM, Michael Collinson m...@ayeltd.biz wrote:
[ ... ]
 [And if anyone in the UK wants to help them by creating tiles from scratch
 under a CC-BY license, let me know and I'll pass on.  It does seem to be in
 a good cause. But the core question is still a good one to answer.]

Not currently in UK, but I can generate tiles for them, for the use
described.  I'll insist that they meet their attribution obligations
of course.  :-)

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Re: [OSM-legal-talk] The edges of share-alike on data Re: Attribution

2014-05-03 Thread Richard Weait
On Sat, May 3, 2014 at 11:51 AM, Michael Collinson m...@ayeltd.biz wrote:

 Open data is a different animal to software source code and highly-creative
 works and I suspect it will [be] a few more years yet until we understand it 
 all
 fully.

Sure.  Of course, we are part of why it is a big deal now, and we are
also part of why it is still evolving.  It should be no surprise that
Old Model Entities have a hard time keeping up with us.  :-)

[ ... ]

 Again, it just a research topic. I see it as benefiting the OpenStreetMap
 project enormously but at the same time potentially debasing the whole
 concept of share-alike for the wider open data community ... perhaps those
 restaurant reviews should be shared?

One benefit of the community guidelines, and the recognition of them
by ODC-ODbL[1] is that they apply to our community, and not to another
Open Data project community unless they deliberately adopt them.

Another benefit is that the community guidelines are trivially easy
for the OpenStreetMap community to amend and adapt compared to waiting
for an updated version of ODbL.  That gives us the ability to revise
the wording of the community guidelines should that be required to
adapt to our changing world.  That's not a hypothetical situation;
we're changing it.

Super to have your thoughts on this Mike.

[1] http://opendatacommons.org/faq/licenses/#What_is_8216Substantial8217

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Re: [OSM-legal-talk] Attributing OpenStreetMap at Mapbox

2014-04-30 Thread Richard Weait
On Wed, Apr 30, 2014 at 11:56 AM, Alex Barth a...@mapbox.com wrote:
 I just posted a writeup on my diary on how we're attributing OpenStreetMap
 at Mapbox.
[ ... ]
[ and from the blog ]
 (c) Mapbox (c) OpenStreetMap links to https://www.mapbox.com/about/maps with 
 a full listing of all sources.
[ ... ]
 Looking
 forward to feedback.

I feel that the attribution that you currently use provides
insufficient recognition for OpenStreetMap.

A rough equivalent would be to refer to your company or one of your
products, but then link to

http://wiki.openstreetmap.org/wiki/Commercial_OSM_Software_and_Services

Your choice of attribution is probably okay based on a strict reading
of the current guidance in the wiki.  I feel that we should change
that guidance and require a more prominent, and individualized
attribution for OpenStreetMap.

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Re: [OSM-legal-talk] Attribution

2014-04-29 Thread Richard Weait
On Tue, Apr 29, 2014 at 12:56 PM, Luis Villa lvi...@wikimedia.org wrote:

[ ... ]
 But it is a reality that [ fear of a Share Alike obligation(?)]* slows,
 or in some cases stops, adoption of/contribution to OSM.

Slows contribution to OpenStreetMap?  That sounds incorrect to me.
ODbL and particularly Share Alike _encourage_ contribution to
OpenStreetMap.

One very simple way to be sure you are Sharing Alike is to make your
improvements to the OpenStreetMap data first, then consume and reuse
the data.  That's probably the ideal consumer of OpenStreetMap data;
the consumer who shares their improvements first then consumes the
data unchanged.  And it is a rock solid, dead simple way to meet your
Share Alike obligations.

Does avoidance of Share Alike obligations reduce adoption of
OpenStreetMap data?  Perhaps it does reduce adoption by those who have
decided to not improve the OpenStreetMap data by sharing their
potential improvements.  Those who could improve OpenStreetMap data
but who chose not to do so are excluding themselves from participating
fully in the OpenStreetMap community.

That is their choice.

We as OpenStreetMap contributors see improving the data as a core value.

* I hope that I have parsed your intent correctly, Luis.  The
paragraph I trimmed also discussed copyright case law and lack of case
law for substantial in this context.

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Re: [OSM-legal-talk] Review of IndianaMap as potential datasource

2014-04-18 Thread Richard Weait
On Fri, Apr 18, 2014 at 1:02 PM, Mike  Dupont
jamesmikedup...@googlemail.com wrote:
 the wikipedia has a nice otrs system, I supposed you could use it
 http://en.wikipedia.org/wiki/Wikipedia:OTRS

 so let them sign something that allows the data to be used by wikipedia and
 that should cover osm as well.

Well no, Mike, I don't think so.  What rights a publisher grants to
Wikipedia has nothing to do with what rights a publisher grants to
OpenStreetMap.  Wikipedia has no ownership interest in OpenStreetMap,
nor vice-versa.

Eric, please do take advantage of the imports@ and imports-us@ lists.
You'll need to clear your plan and each step with them as you
investigate, as well as talk-us@.

The verbal permission is a good start.  See if you can get it in
writing.  Others have had email with permission to publish the email,
then add it to the wiki.

https://lists.openstreetmap.org/listinfo/imports
https://lists.openstreetmap.org/listinfo/imports-us
https://lists.openstreetmap.org/listinfo/talk-us

Best regards and happy mapping,

Richard

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Re: [OSM-legal-talk] Upload of copyrighted map images from OSM to Facebook

2014-04-15 Thread Richard Weait
What do you suggest, Martin?

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Re: [OSM-legal-talk] [Talk-ca] Nouvelle licence de données ouvertes au Québec

2014-02-21 Thread Richard Weait
On Fri, Feb 21, 2014 at 10:26 AM, Pierre Béland pierz...@yahoo.fr wrote:
 Eh good news for  OSM-Quebec community then. Let's wait for the official
 confirmation of the exact license adopted.

I disagree.

Any license drafted or adopted by a Canadian government, other than a
no-restrictions, equivalent-to-Public-Domain-license, like ODC-PDDL,
will require a waiver or clarification from the municipality (or
province / territory, or feds) that attribution as provided by
OpenStreetMap (wiki page, probably listed on a sub-page) meets their
interpretation of attribution.  So, adoption of CC-anything-but-0 is
bad for local OSM communities.  It would likely work out okay in the
end for those local OpenStreetMap communities.  To my knowledge, every
municipality approached for such a waiver has granted it.  To
OpenStreetMap Foundation at least.

For the Open Data community at large, and for the municipality /
governement itself, adoption of any restricting license is a disaster.
 For one thing, not every potential open project will be on the radar
of a municipality in the same way that OpenStreetMap is.  Too bad for
that potential Open Data Project.  Perhaps they'll get the waiver they
need, perhaps they won't.

Again, any government open data publication in Canada must be licensed
ODC-PDDL, or else it is a not-open-enough-closed-data-failure.

Another sign of bizarre, Open-blindness.  I've had government open
data representatives say to me, the equivalent of, So what if the
license says something complicated. It's open, just do what you want.
We won't go after anybody who breaks the license. We just need to be
able to shut down anybody who embarrasses us.

Ahem.  No.

0) If you plan to grant wavers and exemptions anyway, why not just use
an unrestricted license?  Oh, did you want to only grant exemptions
for projects / persons of whom you approve?  That doesn't sound very
open.
1) If you don't plan to enforce your license terms, why select (or
worse, why draft) a license with restrictions?  Select ODC-PDDL
instead.
2) If you want developers to work with your data, do you want
developers who care enough to read, understand and follow your terms,
or not?  Because your license with restrictions just cut out a portion
of those developers.  You can still keep the developers that don't
read licenses, or don't care about the terms.  Congratulations.
3) What, you want to shut down a use of the data that embarrasses you?
 No.  It doesn't work that way.  If Open Data can be shown to expose
that your mayor is a pathologically lying, bullying, drug addict with
possible links to organized crime, you don't get to shut down the
analysis just because your boss finds it embarrassing.  (It's just a
hypothetical example)
4) If you really do plan to grant a waiver or exemption to every
project / user who asks for it, shouldn't you have selected an
unrestricted Open Data License that didn't place the burden of that
extra waiver step upon you (and each potential user) ?

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Re: [OSM-legal-talk] [Talk-ca] Nouvelle licence de données ouvertes au Québec

2014-02-21 Thread Richard Weait
On Fri, Feb 21, 2014 at 4:58 PM, Mike Linksvayer m...@gondwanaland.com wrote:
 On Fri, Feb 21, 2014 at 1:14 PM, Richard Weait rich...@weait.com wrote:

[ ... ]
 Again, any government open data publication in Canada must be licensed
 ODC-PDDL, or else it is a not-open-enough-closed-data-failure.


 I agree that all PSI ought be public domain, with ODC-PDDL or CC0 or some
 other public domain instrument, since the sane default isn't the default.
 But calling attribution-only terms a closed-data-failure (BTW, what does
 that make ODbL? Is OSM the only entity in the world that can use non public
 domain terms and not be a closed data fail?) seems over the top.

Government Open Data, and OpenStreetMap Open Data are different
kettles of fish.  And so different goal posts apply to each.

Government Open Data is more-correctly Citizen Open Data. For that
same government to attempt to then restrict the use of that data by
the citizens who own it, and pay for it (and, in fact who own the
government :-) ) well, that's the part that is over the top.  :-)

OpenStreetMap data is created by the OpenStreetMap contributors.
Where those same contributors decide to place themselves, as a group,
along the Open Spectrum has nothing to do with government, er,
*strikeover* citizen data.  It might also be a a long-standing and
heated discussion amongst those same contributors.  :-)

Thanks, Mike.  Cheers.

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Re: [OSM-legal-talk] [HOT] Imagery license clarification needed

2013-08-28 Thread Richard Weait
On Tue, Aug 27, 2013 at 8:48 AM, Kate Chapman k...@maploser.com wrote:
 Hi All,

 This has come up before. HOT is part of a pilot for the initiative
 Imagery to the Crowd (1). Representatives of HOT and the US
 Government met multiple times in all day meetings to discuss what the
 NextView license means as well as to have the vectors available under
 ODbL.

You make it sound like nobody involved had permission to speak for the
OpenStreetMap Foundation.  The Foundation and project would
potentially be put at risk by a failure in interpretation. I'd expect
LWG (at minimum, with Foundation legal representation and Board
oversight) would have to be involved for any such meeting.  Otherwise,
you've got n-parties at a table making decisions for a party not
present.

Were any potential data donor, or imagery donor in this case, able to
state, I grant use of {dataset} to OpenStreetMap contributors for use
under the terms of the OpenStreetMap License and Contributor Terms,
well that might be a useful shortcut.

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Re: [OSM-legal-talk] Regarding The New OSM License

2013-01-16 Thread Richard Weait
On Wed, Jan 16, 2013 at 5:11 PM, Rob smartt...@gmail.com wrote:

 Hello.

 Would like to ask / discuss with you the new license for OSM if you do not
 mind.

 I have a website that I would like to integrate/include OSM map tiles into.

 What I would like to clarify is if I would be required to share the data
 which is / has been collected through the website.


The short answer is, It depends.  The intent of the license is that
improvements to the data would be shared with OSM.  But it is also
recognized that there are lasses of data that are inappropriate to include
in OSM.  Let me offer two examples:

Restaurant reviews.  It is generally accepted that we don't want subjective
reviews of restaurants in OpenStreetMap.  If you are collecting reviews we
probably don't want them.

Restaurant locations.  There are many restaurants in OpenStreetMap and if
you are collecting or correcting restaurant locations, then we would want
them in OpenStreetMap.

There are certainly many examples that can be drawn that will fall clearly
in either of the above classes.  There are probably many examples that
would fall in a grey area between those examples.

You've been careful to not reveal too much about your application, so I'll
have to make some guesses about what's going on.  This is obviously not
legal advice.  And is also without prejudice.

For your use case 1) Because you state that you have addresses in your
non-osm data, and because OSM has and wants addresses, there may be a
requirement for you to share that address data.  You might consider
searching on OSM addresses if you are prevented from sharing the non-OSM
addresses.

For 2) it seem like you are geo coding based on OSM.  If the data is
interesting to us, it should be shared with OSM.

For 3) seems like share alike is not triggered.

For 4) seems like share alike is not triggered.

If you can provide more information, perhaps we can take better guesses?

best regards,
Richard
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[OSM-legal-talk] OpenStreetMap attribution in iPhoto

2012-05-03 Thread Richard Weait
Looks like Apple is now crediting OpenStreetMap in version 1.0.1 of iPhoto,
as reported by OSMer Beelsebob, on #osm IRC  :-)

http://cl.ly/421B0u2r0u0J3o0I3e3s

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Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Richard Weait
On Mon, Apr 2, 2012 at 7:23 AM, Pavel Machek pa...@ucw.cz wrote:
 Hi!

 So lets start by saying that I don't like ODbL and I hate CT.

 There are three classes of data I uploaded to osm:

 a) Hand created data, most important paths in the woods. CT+ODbL, is
 okay for those.

 b) ODbL compatible - mass imports. CT+ODbL is okay for those, provided
 data from a) are kept. Richard convinced me that CT is not meant to be
 evil, and I can live with that.

 c) ODbL incompatible mass imports. Obviously these need to be
 removed. I have no power to change this. Mass imports were cities
 from wikipedia (place=*) and railway stations from around

 http://www.openstreetmap.org/browse/changeset/188101
 187327

 I hope this helps, and I'd like to see some reply, thanks,

Dear Pavel,

I'll ask the LWG chair to add this matter to the discussion at the
next LWG meeting.

I expect that LWG will send you a formal reply.  Until then, I'd like
to thank you personally for granting permission for some of your
contributions to continue as CT/ODbL, even with your stated
disagreements with some aspects of ODbL and of CTs.

Thank you also, to the other members of the OSM community who have
been discussing the matter with you.

Best regards,
Richard

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Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Richard Weait
2012/4/2 Petr Morávek [Xificurk] xific...@gmail.com:
 Hi,

 I admit that I'm pretty confused right now... Are you saying that you've
 changed your mind and are willing to agree to ODbL+CT, except for the
 changesets containing imports of incompatible data? That would be really
 great!

 If this is that case, I personally volunteer to help track down your
 changesets containing the incompatible imports.
 The only two are the wikipedia imports of places and railway stations,
 is this correct?

 Best regards,
 Petr Morávek aka Xificurk

 PS: I've added to CC rebuild@ as well, just to let the guys there know
 that there could be a last-minute request for keeping most of the data
 from Pavel. Sorry, to all that will get this mail multiple times.

Hi Petr,

Yes, Pavel and RichardF had a discussion on IRC a few minutes ago and
Pavel came to this decision.

Petr, thank you for offering assistance with the un-relicenseable data.

Best regards,
Richard

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Re: [OSM-legal-talk] Infringements - examples, analysis and request for removal

2012-03-31 Thread Richard Weait
2012/3/31 Darko Sokolić darko.soko...@xnet.hr:


 Dear colleagues,

 I contributed to OpenStreetMap under CC-BY-SA 2.0 license. It was great
 pleasure, and I enjoyed it very much.
 I did not accept new Contributor Terms and new license.
 Also, I did not authorise anyone, in any way, to relicense or sublicense my
 contributions.

Perhaps you'll publish the code you've written so that we can all
benefit from it and improve it?

Did you contact those mappers to ask about their sources and methods?
That is a common approach to dispute resolution in the OSM community.
If you are unable to resolve the dispute yourself you could ask other
local mappers to assist you or contact the Data Working Group as a
resource.

http://wiki.openstreetmap.org/wiki/Disputes

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Richard Weait
On Mon, Feb 13, 2012 at 9:49 AM, Simon Poole si...@poole.ch wrote:

 Well essentially CC-by only imposes attribution so it is doable.

 But in any case: is the import listed in the import catalogue?

 If not, I would respectfully ask the DWG to summarily delete the data (the
 enforce bit of my previous posting).

I think you mean, respectfully request that the errant importer clean
up their own mess.  The DWG can be polled for help, but the community
should attempt to resolve this first.

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Re: [OSM-legal-talk] Ulf Möller remembered

2012-01-18 Thread Richard Weait
On Tue, Jan 17, 2012 at 5:40 AM, Michael Collinson m...@ayeltd.biz wrote:
 I am deeply shocked this morning to learn of the murder of [our] friend Ulf.

The OSMF site has a page where we can add our memories of Ulf.
http://blog.osmfoundation.org/2012/01/18/ulf-m%C3%B6ller-1973-2012/

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Re: [OSM-legal-talk] feedback requested

2011-12-27 Thread Richard Weait
On Tue, Dec 27, 2011 at 2:31 PM, Frederik Ramm frede...@remote.org wrote:

 Yes. I have no strong feelings either way; your argument is correct. However
 the question must be asked in how far you can claim copyright for facts that
 others have to extract from your prose. In my personal opinion, if someone
 wrote a note tag describing in colourful English what it is that he saw, and
 someone else then extracted proper tags from that text, then I'd be prepared
 to ascribe a copyright on the original prosaic note to the mapper but not
 copyright on the interpretation of that note made by someone else.

 I'm sure it is an issue that we must watch, and maybe try and prepare a list
 with all cases affected, and make spot checks to get an idea of how many
 false positives/negatives we get.

Concern has been expressed in this thread about wrongfully considering
clean what should still be considered tainted.  Frederik, are your
rules applied symmetrically?  That is, will they also wrongfully
consider objects tainted where they should be considered clean?

So if mapper adds nmae=Fred's Bistro, then decliner corrects to
name=Fred's Bistro, do your current rules consider that node tainted?
I presume that the same types of errors can occur in both directions.
Is that correct?

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[OSM-legal-talk] feedback requested

2011-12-20 Thread Richard Weait
Dear All,

LWG would like feedback on a couple of items relating to cleaning
tainted data as we all prepare for the data base transition.

Draft minutes are here.

https://docs.google.com/document/pub?id=1ZIQSl0xXpUFbqTeknz61BYgfCINDTzlAWomOiGxhgG8

Of particular interest are:
- can node positions be cleaned by moving to a new position?
- is a mapper declaration of odbl=clean interesting and helpful in
reconciling the data base?

As seen here:

We discussed the moving of nodes and whether they could be clean: We
have seen a concern expressed where an node is moved by an agreed
mapper and that is the last position, should it not be deemed clean
(even if created dirty)? Conclusion: Yes, we are OK with that, the
assumption being that the move is made in good faith with a reference
source, (survey, Bing imagery, …). We consider that the creation of an
object and its id to be a system action  rather than individual
creative contribution.  Tags on the same node must be considered
separately. The LWG would like to adopt this as policy and would be
grateful for community feedback.

Frederik has recently proposed a new tag, odbl=clean, to be set by
mappers who will vouch for the odbl compliance of any object. The LWG
would like to adopt this as policy and would be grateful for community
feedback.

We look forward to your thoughtful, insightful feedback.

Best regards and Happy Mapping,
Richard Weait on behalf of LWG

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Re: [OSM-legal-talk] feedback requested

2011-12-20 Thread Richard Weait
On Tue, Dec 20, 2011 at 4:39 PM, Jean-Marc Liotier j...@liotier.org wrote:
 On 12/20/2011 10:11 PM, Apollinaris Schoell wrote:
 Of particular interest are:
 - can node positions be cleaned by moving to a new position?

 While you are at it, I would love to hear about a specific subset of the
 cases encompassed by this question : the cases where the edit is
 correlated with a change of source. I asked this question a week ago in
 the Are objects still tainted when they are edited from a better source
 ? thread here and it has not been answered yet.

And we're listening.  Tell us and be specific.  Some of us have been
remapping for a while.  Give examples.

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Re: [OSM-legal-talk] simpler reconciliation of data

2011-11-23 Thread Richard Weait
On Wed, Nov 23, 2011 at 1:17 PM, Jo winfi...@gmail.com wrote:
[ ... ]
 I do have a suggestion to help identify which tags/properties are the
 ones contributed by somebody who declined or who can't be reached. Now
 I have to go an dig in the history to check who added names and other
 properties, when recreating ways and nodes. I'd prefer for this time
 consuming task to be automated. Is there a way to accomplish that? I
 understand the full history of an object is needed to do it, so it'be
 supplementary to what the license change plugin does already. Maybe
 you could point me in the right direction in the JOSM code and I could
 try to do it myself.

The josm license change plugin helps a lot and the new (yesterday?)
history display helps as well.

The new history display (select object, in the history panel select
show) shows the list of contributors as before, but with the
contributor CT status as well.

I have an idea for what a display of good / not-good tags might look
like here[1], but I don't know if anybody will take a shot at
implementing it.

[1] http://weait.com/files/CT-history-mockup_0.png

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Re: [OSM-legal-talk] How to modify data provider license (WMATA)

2011-09-13 Thread Richard Weait
On Tue, Sep 13, 2011 at 12:52 PM, Josh Doe j...@joshdoe.com wrote:
 As I've had no response from this list,

Hi Josh,

I believe that standardized licenses for Open Data are a Very Good
Thing.  Perhaps, you can show them the benefit of selecting a license
from Open Data Commons?

Best regards,
Richard

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Re: [OSM-legal-talk] Irony, was [talk-au]

2011-07-13 Thread Richard Weait
[Redirected from talk-au to legal-talk due to topic of discussion]

Andrew Laughton wrote:
 Irony is when you buy a shiny new GPS loaded with OSM data, only
 to find out that you need to pay a license fee to be able to update
 the map.
 Gotta love that new license.

[Response from Richard Fairhurst]

You've lost me.

How does ODbL differ from CC-BY-SA here?

Richard

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Re: [OSM-legal-talk] Question regarding compatibility of CC BY SA license versions

2011-07-11 Thread Richard Weait
2011/7/11 Holger Schöner nume...@ancalime.de:
 Hello,

 [I am sorry if this is a FAQ, but this matter is urgent, and a cursory web
 search has not provided sufficient information for me to answer these
 questions]

 I am in negotiation with a provider of aerial images (for Austria), who
 wants to allow OpenStreetMappers to use these aerial images. So far, the
 terms clearly do not allow this, but the provider is willing to change the
 terms. He has made a new draft, where he restricts use of the images data
 directly, but allows derivative works, provided they be placed under CC BY
 SA 3.0 Österreich/Austria.

 I assume that the Austrian version of CC BY SA is compatible with the
 (generic/unported?) one OSM uses currently? (Can someone confirm this?)

 What about the compatibility of Versions 2.0 and 3.0? If we are allowed to
 redistribute derived work in Version 3.0, can we do so also in Version 2.0,
 as this is what OSM requires currently in my understanding?

 [Another issue of course is that we should be allowed dual licensing
 including ODbL, but I already clarified this to the image provider]

 Is there any other thing I should ensure being present in the license
 granted, to be usable by us?

New data and sources must currently be compatible with CC-By-SA, and
ODbL.  Preferably also CT/ODbL.

CC BY SA 3.0 Österreich/Austria is not sufficient permission because
of the requirement for ODbL, but also because OSM is currently
CC-By-SA v2.0.  CC-By-SA does have an or later clause, but does not
permit or earlier.

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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 Richard Weait
On Sat, Jun 18, 2011 at 5:39 AM, John Smith deltafoxtrot...@gmail.com wrote:
 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?

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?

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[OSM-legal-talk] active contributor

2011-06-17 Thread Richard Weait
On Fri, Jun 17, 2011 at 11:50 AM, Robert Kaiser ka...@kairo.at wrote:
 Olaf Schmidt-Wischhöfer schrieb:

 The first problem is that the right to vote depends upon being allowed to
 contribute.

 It it defined anywhere what contribute means?

From the contributor terms v1.2.4

 An active contributor is defined as:

a natural person (whether using a single or multiple accounts) who has 
 edited the Project in any three calendar months from the last 12 months (i.e. 
 there is a demonstrated interest over time); and has maintained a valid email 
 address in their registration profile and responds to a request to vote 
 within 3 weeks.

I've always equated edited the project with submitted a changeset.
 Submitting a changeset is something the OSM values and is relatively
easy bar to reach.  I would also certainly consider some exceptions.

1) Spammers, once in a while, submit diary entries full of spam links.
2) Some accounts have submitted changeset of bad data in the form of
either vandalism, or map spam.
3) Hypothetically, a contributor could upload gpx tracks and never edit.

I suggest that 1) and 2) are not active contributors.  I think 3)
could be valuable, but is not necessarily a contributor.  Does anybody
know if there are any accounts / users in category 3?

Thoughts?

p.s. I've changed the subject: for this sub-thread.

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

2011-06-17 Thread Richard Weait
On Fri, Jun 17, 2011 at 4:09 PM, David Groom revi...@pacific-rim.net wrote:
 Word in quotes below relate to the meanings given them by ODbL

 Assume I use jxapi to download an extract of the main OSM database .  Is the
 downloaded extract a Derivative Database, or since the download was
 provided by OSM does the downloaded data qualify as simply a Database?

Does not §4.4b answer this[1]?

  b. For the avoidance of doubt, Extraction or Re-utilisation of
the whole or a Substantial part of the Contents into a new database is
a Derivative Database and must comply with Section 4.4.

As a practical matter, we almost always deal with the OSM db in terms
of a smaller extraction.  We create tiles for a few blocks with many
object types, or tiles with only country boundaries and oceans
covering the whole planet.  Planet files and planet history files
are probably the most frequent use that considers the complete db at
one time.  So it might be a derivative database of OSM, but it seems
indistinguishable from the OSM database broken into a manageable
chunk  ;-)

Why?  Do you have a specific use in mind?

Best regards,
Richard

[1] http://www.opendatacommons.org/licenses/odbl/1.0/

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Re: [OSM-legal-talk] Announce: Beginning of Phase 4 of license change process

2011-06-14 Thread Richard Weait
On Tue, Jun 14, 2011 at 4:30 PM, Michael Collinson m...@ayeltd.biz wrote:
 As per the implementation plan [1], we intend to move to phase 4 this Sunday
 19th June or as soon after as is technically practical. This will mean that
 anyone who has explictly declined the new contributor terms will no longer
 be able to edit, (unless they  decide to accept).  This currently numbers
 406 in total compared to over 191,000 who now contribute under the new
 terms. They or our forking folks may wish to grab a planet dump now and
 another one just before the phase 5 cut-over to ODbL. Planet dumps are
 generally made every Wednesday as of 11:01 UK time and become available 3
 days later. Next week's version will probably be made on Tuesday due to the
 coming UCL shutdown.

 I would emphasise there is currently no need to remove data from the live
 database since the license is still CC-BY-SA. I believe there is no urgency
 to do so until acceptances have been maximised, local issues that have a
 near term solution have been addressed and there is a sense of community
 consensus that it is time. The License Working Group will continue listening
 to all feedback.

Re: planet files. It is my understanding that the planet file
generation job _starts_ at about 1:11 on each Wednesday morning,
London time.  The planet job generally completes about a day and a
half later.  The Full history planet jobs are generated less often and
generally take about three days to complete.

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Re: [OSM-legal-talk] Announce: Beginning of Phase 4 of license change process

2011-06-14 Thread Richard Weait
Also the current acceptance numbers are ~166,000 accepting, vs. 406 declined.

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

2011-06-14 Thread Richard Weait
On Tue, Jun 14, 2011 at 9:30 PM, Ben Last ben.l...@nearmap.com wrote:

 Hi all
 As promised, with apologies for the delay, here is the statement from NearMap 
 regarding submission of derived works of our PhotoMaps to OSM.

Dear Ben,

Thank you for providing this clear statement, for NearMap's
contributions to the OpenStreetMap community, and for the generous
decision to allow current NearMap-referenced data to remain in OSM.

Best regards,
Richard

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Re: [OSM-legal-talk] Import from Ushahidi Libya Instance

2011-06-13 Thread Richard Weait
On Mon, Jun 13, 2011 at 12:49 PM, Mikel Maron mikel_ma...@yahoo.com wrote:
 Legal-talk, any opinions or insights on this question?

 == Mikel Maron ==
 +14152835207 @mikel s:mikelmaron

 
 From: Mikel Maron mikel_ma...@yahoo.com
 To: legal-talk@openstreetmap.org
 Sent: Thu, May 26, 2011 5:18:11 PM
 Subject: Import from Ushahidi Libya Instance

 You may be aware, UN OCHA has been coordinating a Ushahidi instance to map
 reports from the the Libya Crisis. http://libyacrisismap.net/. OSM is the
 base map.

 They've geocoded about 150 places and POI, and have recruited OSM folks to
 conflate this list with OpenStreetMap.
 http://internal.libyacrisismap.net/volunteers/team-geolocation/coordinates-database

 The issue is that the source for the geocoding is listed, but not always
 licensed under a license compatible with OSM.

 Even if locations were derived from non-compatible license sources, my
 thinking has been that this is non-substantial and non-systematic, and
 therefore might be permissible to import. Data is only collected based on
 select needs to geocode reports. The numbers are just over 150. According to
 the Substantial Guideline of the ODbL, an extract from OSM like this would
 not trigger the viral terms of the license.
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Substantial_-_Guideline

 Question is then twofold. One, we haven't yet adopted the ODbL, so how much
 could a guideline apply. And two, how does the concept of non-substantial
 apply to importing data? I think there's a good chance it's ok, in which
 case all data could be brought in. The alternative would then be to exempt
 particular POI from conflation, or simply geocode them again using fully
 clear sources.

My thought: Incompatible sources are incompatible.  Good intentions
do not trump incompatible sources.

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Re: [OSM-legal-talk] Possible OSM copyright violations

2011-06-10 Thread Richard Weait
On Fri, Jun 10, 2011 at 3:18 PM, Ciprian Talaba cipriantal...@gmail.com wrote:
 Hi,
 I would be interested to know if this is the place where we can discuss
 possible OSM copyright violations or should I direct my concerns directly to
 the Data Working Group? The problems I noticed are related to some well
 known digital map providers and I don't want to harm any possible future
 relations based on some presumed issues. What do you think I should do?
 Thanks,
 Ciprian

An email to either of the following is probably a good place to start.

d...@osfoundation.org - for inappropriate data that appears to be in
OSM database or to

le...@osmfoundation.org - for inappropriate use of OSM data without
complying with OSM license.

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

2011-06-07 Thread Richard Weait
On Tue, Jun 7, 2011 at 12:59 PM, john wilbanks
wilba...@creativecommons.org wrote:
 Yup, I said this:

 I'm going to be a little provocative here and say that your data is
 already unprotected [under CC-BY-SA], and you cannot slap a license on
 it and protect it. ... That means I'm free to ignore any kind of
 share-alike you apply to your data. I've got a download of the OSM
 data dump. I can repost it, right now, as public domain.

Dear Mike and John,

I understand that Creative Commons declined to participate in drafting
ODbL when invited.  Why is that?  Why the sudden interest in data now,
after having declined the opportunity earlier?

Best regards,
Richard

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

2011-06-06 Thread Richard Weait
On Mon, Jun 6, 2011 at 9:23 AM, Maarten Deen md...@xs4all.nl wrote:
 Why is that 2/3 majority not sought for the current license move?

Current respondents are far above 2/3 accepting the new license and
contributor terms.

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Re: [OSM-legal-talk] PGS coastline

2011-06-05 Thread Richard Weait
On Sun, Jun 5, 2011 at 8:56 AM, OJ W ojwli...@googlemail.com wrote:
 My account used for importing PGS coastlines just got an email asking
 that it agree to new contributor terms - has anyone already declared
 this is OK during the import-checking phase of license change?

 Asking on mailing list, since there should be about 32 other accounts
 used for the import and controlled by other people, so presumably we
 want them all to make a consistant decision.

http://wiki.openstreetmap.org/wiki/Import/Catalog

PGS is the first listed in the import catalog page and marked as PD
and Okay.  Any reason to think otherwise?

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Re: [OSM-legal-talk] CT, time period for reply to a new license change (active contributor)

2011-04-08 Thread Richard Weait
On Fri, Apr 8, 2011 at 6:54 AM, Ed Avis e...@waniasset.com wrote:
 Michael Collinson mike@... writes:

- In the case of a major license change, there would be a run up of
at least several months of publicity and discussion before the final
formal vote announcement.

 At the moment there is something of a credibility gap because while we
 are assured that any major licence change in future would have a
 formal vote, that principle isn't being followed for the ODbL introduction.

The current license upgrade gives each contributor even more voice
than they would have in a vote, as they may choose to exclude their
contributions from future license considerations.  That you see a
credibility gap strains logic and ignores each of the votes, polls
and surveys to date.

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Re: [OSM-legal-talk] RAND Corporation license violation

2011-03-30 Thread Richard Weait
On Wed, Mar 30, 2011 at 8:56 AM, Julio Costa Zambelli
julio.co...@openstreetmap.cl wrote:
 I was checking some papers at work today and accidentally found this license
 violation (both Attribution and Share-Alike) by the RAND Corporation:
 http://www.rand.org/content/dam/rand/pubs/monographs/2011/RAND_MG1100.pdf (Page
 20(42))
 It seems like a modified Marble screenshot to me (no attribution
 whatsoever).

Yes, that map on the top half of page 42 of a 164 page report does
look similar to
http://www.openstreetmap.org/?lat=36lon=119.6zoom=4layers=M

Rand appears to credit Central China Television.

What do you suggest that the OSM community should do about this?

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Re: [OSM-legal-talk] CT, time period for reply to a new license change (active contributor)

2011-03-27 Thread Richard Weait
On Sun, Mar 27, 2011 at 6:52 PM, M∡rtin Koppenhoefer
dieterdre...@gmail.com wrote:
 Sorry that I come quite late with this, it might be too late, and it
 was bothering me occasionally already for some months: if we really
 decided in the future to change the license, isn't 3 weeks a little
 short for such an important issue? I am referring to the time span
 required for an active contributor to reply to an email from the
 foundation. I feel this could be extended to say 6-8 weeks, because it
 is not completely improbable that someone is not reachable for 3
 weeks, and I don't see a need for such a hurry in a case important
 like a license change (note we are now occupied with the current
 license change and discussions for over 3 years).

 Of course a potential new license change would most likely not appear
 from nowhere, and implying a benevolent foundation this is maybe not
 an issue, still for formal reasons I think this time span could be
 extended.

You should also presume a benevolent community as well.  Surely we
won't all be on vacation and fail to check mail at the same time as a
sudden call for a vote?  The voter who is out of contact during a vote
period will still have the response of the rest of the community to
speak for them.

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Re: [OSM-legal-talk] ODbL / CT and CC-BY-SA Pictures / Texts / Video

2011-03-11 Thread Richard Weait
On Fri, Mar 11, 2011 at 6:45 AM, M∡rtin Koppenhoefer
dieterdre...@gmail.com wrote:
 Excuse me if this question has already been raised. I am currently
 involved in a project that has chosen OSM as cartographic base for a
 portal for tourists. There will be an ontology to allow for semantic
 research and the idea is to display POIs, pictures and other
 multimedia content on an OSM map (in the web and on mobile devices).
 Currently it is thought to have all multimedia content (where
 possible) in CC-BY-SA.

 After the planned license changeover to ODbL:

 1. Would it be possible to display this content (CC-BY-SA) atop an OSM map?

 2. Will we have to release the content of the ontology / thesaurus
 database in ODbL ? Will we have to import this stuff into OSM (I guess
 no) or will it be sufficient to have it available?

 3. If 1 is no, would CC-BY be compatible with ODbL? (My guess is yes,
 but I appreciate a comment from someone more into the topic).

Be more specific about your ontology.  How does your ontology interact
with an unmodified OSM database?

In general:
- a displayed map created from an unchanged OSM database would be a
Produced Work.
- a Produced Work requires a notice Contains information from
OpenStreetMap, which is made available OSM.org under the Open Database
License (ODbL).
- a Produced Work may require additional license-related information,
depending on your other license obligations.  For example, including
CC-By Icons, or CC-By-SA video in your Produced Work gives you
obligations under those licenses.

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[OSM-legal-talk] per changeset relicensing

2011-02-01 Thread Richard Weait
There have been previous discussions regarding per changeset relicensing.

I'd like to know if developing the tools to allow per changeset
relicensing is worthwhile.  There will be some effort involved in the
coding, so it would be good to know in advance if this option will be
used by many or few mappers.

The intent of per changeset relicensing is to permit those with a
general agreement to the terms and license, but with a specific
concern about a source for a particular changeset to relicense their
data, but not relicense that data about which they are concerned.

Example:

Prof. Mapper maps by GPS and survey as she travels.  She also helped a
friend map in Erehwon, and added street names from Erehwon Council
data.  Erehwon council have given permission for derivation to OSM
under CC-By-SA, but discussion is continuing re: CT/ODbL, Prof. Mapper
agrees with CT/ODbL but recognizes that She doesn't have permission
yet to relicense the Erehwon street names.

Prof. Mapper could accept CT/ODbL for the bulk of her mapping, and
mark the seven Erehwon changesets a with a checkbox for Do Not
Relicense and with a note, Pending Erehwon Council permission.

This allows several options in the future. It points out datasets and
mappers with interest in discussing relicensing with a specific data
provider.  Should Erehwon Council agree to ODbL prior to any change
over date, the data can be included. If not, Prof. Mapper may continue
with their unencumbered data.



http://www.surveymonkey.com/s/WFVK6XS

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Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Richard Weait
On Fri, Jan 21, 2011 at 7:38 AM, Andrew wynnd...@lavabit.com wrote:
 I hope there is no turf war brewing between Creative Commons and Open Data
 Commons.

I wouldn't know.  On the other hand, Mike Linksvayer, from Creative
Commons, joined the License Working Group conference call on 18 Jan
2011.  The discussion was cordial.  I found it interesting to hear the
CC perspective on things.

So I wouldn't say that a turf war is brewing between CC and OSM.

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Re: [OSM-legal-talk] US Rails to Trails database

2011-01-06 Thread Richard Weait
On Thu, Jan 6, 2011 at 4:15 PM, Richard Masoner rmaso...@gmail.com wrote:
 Hi all,
 I'm a rank newbie at OSM, but getting into it because of my interest in
 mapping bike facilities.
 The US Rails to Trails Conservancy has an outstanding database of
 bicycling trails. This Traillink database is the basis of Google's bike
 layer.  I've read the legal FAQs for using data from other parties and
 understand it's best to get specific permission on data imports.
 I asked Rails to Trails about licensing their data to OSM and they say
 they've been thinking about it and asked me to put them in touch with
 somebody official at OSM.  They also indicated they would like some kind
 of attribution where their data is used.
 So, umm, who do I point them to?

You can have them contact the OSMF License Working Group
le...@osmfoundation.org

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

2010-11-24 Thread Richard Weait
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.

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.

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Re: [OSM-legal-talk] Fwd: [okfn-discuss] Law and the GeoWeb

2010-11-21 Thread Richard Weait
On Sun, Nov 21, 2010 at 6:41 AM, Rob Myers r...@robmyers.org wrote:
 I recognise some of the names on that list. ;-)

 - Rob.

Sure.  And the typo as well.  Everybody and their dog get the name wrong.
Right - OpenStreetMap
Wrong - Open Street Maps

Sigh.

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[OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Richard Weait
On Wed, Nov 17, 2010 at 6:19 AM, Ed Avis e...@waniasset.com wrote:
 As a side note, if using ODbL, why not make the tiles public domain?

Indeed.  But I think that you are right that this is a side note.  Why
not start that discussion on the wiki, or in a separate thread here?
I've changed the subject to reflect this.

What would be your preference for the future tile license?  Ed, do you
have a preferred future tile license?

Would it be okay with you if I published my future tiles under a
license that differs from that of openstreetmap.org tiles?  I think it
is a net-benefit for the project and the community if future tiles can
be published anywhere along the spectrum of

Proprietary ---Some rights reserved---No rights reserved

But the main OSM site and tile server is a special case.  We should
aim to set a good example.  What should the future tile license be?
Is it simplest to keep the tile license the same as it is now rather
than risk compatibility problems with downstream consumers of tiles?
Should the main site create tiles under a selection of licenses?

Do we aim for minimum change in the tile license, or do we aim for
maximum compatibility for the tiles by changing the tile license to
PDDL or CC-Zero?

I am not suggesting a change in tile usage policy.  Tiles should still
be primarily a service to assist mappers, not an unrestricted service
for tile consumers.

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[OSM-legal-talk] [DRAFT] Contributor Terms 1.2

2010-11-16 Thread Richard Weait
There have been several revisions to a new draft of the Contributor
Terms from the LWG over the last few meetings.

https://docs.google.com/View?id=dd9g3qjp_933xs7nvfb

Various draft versions have been around for a while.  I think we've
improved the CT with each revision.  LWG have had some wonderful
suggestions from members of the community that are incorporated in the
current draft.

On the other hand it feels like there have been more folks with
criticisms of CT v1.0 than there are folks who have taken the time to
offer a patch.  So I'm particularly interested in hearing from those
who criticize CT v1.0.  What do you think of the current draft of the
contributor terms?  Is this an improvement?  What aspects address your
concerns regarding previous versions?  What aspects could be further
improved and how?

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

2010-10-31 Thread Richard Weait
On Sun, Oct 31, 2010 at 7:29 PM, Robin Paulson robin.paul...@gmail.com wrote:
 the auckland city council has this as its copyright notice. how
 compatible would this be with cc-by-sa, or odbl?

 http://www.aucklandcouncil.govt.nz/en/pages/Copyrightstatement.aspx

 if it isn't, which items are incompatible?

Wow.  Do they even have (and offer) data?  It's not immediately
obvious to be if they do offer data.

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.

Municipalities should publish data under PDDL,[1] to limit their
liability, and make the data available to the widest possible
audience.

I shouldn't critique their license. I've just had dinner and a lovely
bottle of wine.  Let's just say I wouldn't touch it.

Best regards,
Richard

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Re: [OSM-legal-talk] We Are Changing The License missing relevant information

2010-10-25 Thread Richard Weait
On Mon, Oct 25, 2010 at 2:23 PM, Tobias Knerr o...@tobias-knerr.de wrote:
 I just answered a user's question on how to accept the new contributor
 terms. I'll quote his statement here:


 ''How do we accept the new licence??'' JOSM sent me here but I cannot
 find a way to accept the licence.

Users may accept the license from their API user account on the settings page.

or use this link

http://openstreetmap.org/user/terms

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Re: [OSM-legal-talk] legal FAQ license

2010-10-13 Thread Richard Weait
On Wed, Oct 13, 2010 at 2:05 PM, David Groom revi...@pacific-rim.net wrote:


 - Original Message - From: M?rtin Koppenhoefer
 dieterdre...@gmail.com
 To: Licensing and other legal discussions. legal-talk@openstreetmap.org
 Sent: Wednesday, October 13, 2010 3:44 PM
 Subject: [OSM-legal-talk] legal FAQ license



 reading the legal FAQ for the license change:
 http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ

 there is a paragraph that looks strange to me:

 ... - we may take the view that those who have made small
 contributions, but cannot be contacted, would relicence their data
 under the new licence. We will enable them to contact us at a later
 date.

 this part looks like a problem to me, as it is opt-out instead of the
 always proclaimed opt-in, or have I misunderstood this? Or is this
 refering to anonymous edits only?


 Unfortunately the wiki seems to offer conflicting views on what might
 happen.

 The section you quoted [1] does indeed seem to indicate that contributions
 from some people who have not responded will be left in the database.

 However further up the same page [2] it says  remove any data from any
 users who do not respond or respond negatively (the hard bit) , and again
 here [3] it says What do we do with the people who have Declined or not
 responded? Their contributions would not be available under the future ODbL
 version of the database. 

 David

David, what would you suggest?  Can you see a situation where
discarding the data is not required in the case of non-response?

For example, a 'bot that does nothing but fix spelling in keys,
changes Amenity to amenity, but the 'bot does not answer the mandatory
relicensing question.  Should we revert their changes back to Amenity?

As another example, a user adds one POI, perhaps their business, to
OSM and nothing else.  They never respond.  Do we remove the data?

As another example, an editor makes many mass edits around the planet,
arbitrarily changing keys/values to match their recent wiki postings,
then answers no to relicensing.

What do you suggest is the right answer for each of these situations?
Would your answer have universal support from the community?  Can you
create some other situations and responses that will find universal
support from the community?

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

2010-09-28 Thread Richard Weait
On Tue, Sep 28, 2010 at 3:19 PM, Frederik Ramm frede...@remote.org wrote:
 We must really endeavour to better enable people to draw in non-OSM data at
 the rendering stage so that they don't feel tempted to drop their rubbish
 into OSM just so that they get a nice map rendered.

Bravo.

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Re: [OSM-legal-talk] Manitoba Lands Initiative data

2010-09-13 Thread Richard Weait
On Mon, Sep 13, 2010 at 9:20 AM, Tyler Gunn ty...@egunn.com wrote:

 Hello,
 The Manitoba Lands Initiative has a wealth of data available on their
 website, and I wanted to pass the license by everyone here.  From what I
 understand of it, using their data in OSM is perfectly fine.

Wow.  Compared to other municipal / government licenses, this one
seems pretty clueful.

I like 1.03.4 and 1.04.

   1.03[ ... ] the User is hereby granted a
limited licence to [ ... ]   4. process, analyze or otherwise use
these Data in the development of new, derived works or value added
products.

and

   1.04The User may sell, lease or sublicense the Data contained in new,
derived works or value added products

That all sounds good to me.  Anybody else care to offer an opinion?

The one issue which should be clarified with the data provider is
this.  They provide a copyright statement.  OSM would like to place
that on the wiki to meet their requirements.  Placing it on the data
is a bit arcane as only motivated / technical folks will find it, and
fragile, as others can change it.

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Re: [OSM-legal-talk] Google MapMaker and OSM data...

2010-09-07 Thread Richard Weait
Dear Eric,

Your replies from Grant (on the server team) and Emilie (OSMF Board
member) are from people who would normally deal with these issues.
;-)

As far as I know Map Maker does not use OSM data, but no consumer of
OSM data is obliged to tell OSM that they are using OSM data.  They
are only obliged to meet their obligations to the OSM license.  So
currently, consumers of OSM data would be obliged to have a credit for
OSM data and a notification of CC-By-SA, and in most cases a link to
both of those would be appropriate as well.

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Re: [OSM-legal-talk] Google MapMaker and OSM data...

2010-09-07 Thread Richard Weait
On Tue, Sep 7, 2010 at 1:12 PM, Eric Jarvies e...@csl.com.mx wrote:
 On Sep 7, 2010, at 10:02 AM, Richard Weait wrote:

 Also, as more data sets are opening up it is possible that Map Maker
 and OSM editors are using similar sources.

 Yes, I understand this and the context you are explaining it in.  But how 
 does this apply to the edit I made to the OSM data?  This edit was not some 
 recently made available source that was provided to OSM, Google, and others, 
 it was a just a newbee screw up by yours truly, that resulted in a very 
 unique and deliberate edit to an existing OSM coastline, that subsequently 
 ended up in Google's data, as is clearly(to me) being rendered now.  I was 
 just shocked to see that Google had inherited my screwed up edit of an 
 existing OSM coastline, and that shock turned into interest, which is why I 
 asked here if they are now using OSM data.  In short, there really is no 
 other 'similar source' in this case... they either got the coastline/way 
 directly from OSM, or got it from someone else who got it directly from OSM.

Dear Eric,

It is hard for me to say what happened.  What you describe above does
make it sound like a GMM contributor used OSM as a source after your
edit, but before you repaired it.  If I haven't overlooked something;
perhaps a GMM contributor made the same newbee mistake?  And if there
is no other innocent explanation; you didn't make the edit on GMM
yourself did you? ;-)  Then 80n's description above is correct.
Infringement is much more likely to be a result of ignorance rather
than malice.  It is still infringement but it might best be resolved
with a please and thank you than with a nasty-gram.

I do still recommend that you share the location and details with
OSMers you trust with more experience than you have; you did describe
yourself as a newbee.

You might, as 80n described, decide to pursue this with GMM yourself.
I'd probably try to reach the GMM contributor who made that edit, if
that information is available.  Or, you may decide to ask somebody
else in the community to do that for you.  Perhaps somebody at your
local OSM meetups, mapping parties or local chapter.  Or you can
report this to the Data Working Group though they prefer if you have
made some initial attempt at contact on your own.  If GMM does not
provide a method to contact editors, the idea of contacting Google Map
Mapker as a whole does sound a bit daunting.

I think your point about not publishing the location is worth
considering.  In past, other contributors have provided links to
examples.  That might make an interesting discussion on this list
outside of the context of this specific edit.

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

2010-09-01 Thread Richard Weait
On Wed, Sep 1, 2010 at 3:35 AM, John Smith deltafoxtrot...@gmail.com wrote:
 On 1 September 2010 17:30, Frederik Ramm frede...@remote.org wrote:
 only the most presumptuous person would believe that a license they choose
 today will automatically be the best license for the project for all time.

 The sheer arrogance of all this is astounding, you and others are
 telling all the current contributors that you know best, because you
 are trying to speak for both people now and people in the future
 without even asking people what they want.

You seem to be sending your emails from OppositeLand, JohnSmith.

The Contributor Terms, and specifically the relicensing term in term
three are prudent because we know that it is impossible to know what
license will be best for OSM in 6, 10 or 50 years.

That you assert that CC-By-SA is right for OSM now and will be the
right license for OSM forevermore makes you the one claiming perfect
foresight.

That you claim that Frederik, or LWG, or OSMF Board are are trying to
speak for both people now and people in the future in the very same
breath is bold.  You know perfectly well that term three gives the
decision on future licenses to future OSM active contributors, by 2/3
majority vote.

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

2010-09-01 Thread Richard Weait
On Wed, Sep 1, 2010 at 4:01 AM, John Smith deltafoxtrot...@gmail.com wrote:
 On 1 September 2010 17:58, Richard Weait rich...@weait.com wrote:
 That you claim that Frederik, or LWG, or OSMF Board are are trying to
 speak for both people now and people in the future in the very same
 breath is bold.  You know perfectly well that term three gives the
 decision on future licenses to future OSM active contributors, by 2/3
 majority vote.

 As others have pointed out, OSM-F expects contributors to trust it
 without putting any trust in the contributors...

Still in OppositeLand, JohnSmith?

The OSMF trusts OpenStreetMap contributors.  The OSMF _are_
OpenStreetMap contributors.

The Contributor Terms trust future OSM contributors to make the right
choices for future OSM licenses. Do you trust current and future OSM
contributors JohnSmith?  I think that you have demonstrated that you
do not trust current OSM contributors.  You treat them with what
appears to be contempt.  You won't even provide a bare minimum of
context in your changeset comments for other OSM contributors.

http://www.openstreetmap.org/user/JohnSmith/edits

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

2010-09-01 Thread Richard Weait
On Wed, Sep 1, 2010 at 4:15 AM, 80n 80n...@gmail.com wrote:
 Frederik's argument that we cannot predict what future generations will want
 is quite fallacious.

Really?  What will future generations want, 80n?  I predict that
future generations will want Flying cars sure, but we were promised
those decades ago.  :)

On the other hand, six-ish years ago there was no concern that we
would have to be compatible with OS data.  Now, they publish open data
and OSM contributors are enthusiastic about it.  You know perfectly
well that OS opened their data in part because OSM changed the very
ground on which OS stands.  You know that perfectly well because you
were and are part of making that change.

The world will continue to change as will the world of Open Geo Data.
OSM will continue to be part of making that change.  And future OSM
contributors will want to adapt to those very changes that they are
making as well.

 We have a responsibility to do the right thing now and
 not leave a mess someone else to sort out later.

Forks and relicensing will always be expensive for open communities.
We have a responsibility to do the right thing and make it slightly
less expensive for future OSM contributors to adapt to the changing
legal environment around them by using a relicensing provision in term
three.  To fail to do so now is to leave a mess for future OSM
contributors.

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

2010-09-01 Thread Richard Weait
On Wed, Sep 1, 2010 at 4:37 AM, John Smith deltafoxtrot...@gmail.com wrote:

 Yes, we contributors are being treated with contempt alright, besides
 not being asked what we contributors want, since this whole thing
 started it's been nothing but dirty tricks to try and get the license
 changed.

No, JohnSmith, still you present a skewed vision.

Every time OSM contributors have been asked, they have supported ODbL
(or license change before ODbL had a name).  All the way back to SotM
Manchester. And all the way forward through polls and surveys and more
SotM conferences.  All the time, collaborative discussions and
compromise.  Every contributor will make their own choice to proceed
or not.

But still you accuse other OSM contributors of dirty tricks.

You claim your volume of edits or gas consumption as if it were
something unusual to OpenStreetMap contributors.  But then you import
data without following the community import guidelines[1] And then you
run 'bots without following the community automated edits
guidelines[2] Not cool, JohnSmith.

OpenStreetMap - It's Fun.  It's Free.  You can Help.

[1] http://wiki.openstreetmap.org/wiki/Import/Guidelines
[2] http://wiki.openstreetmap.org/wiki/Automated_Edits/Code_of_Conduct

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

2010-09-01 Thread Richard Weait
Well we try to answer questions as quickly as possible.  Some answers
depend on further meetings, others depend on replies from busy
professionals.  Some answers get lost in the mundane reality of day to
day life.

Here are a couple of answers for questions that were asked a few weeks
back.  Not your questions perhaps, but answers to community questions
nonetheless.
DRAFT
http://www.osmfoundation.org/wiki/License/Contributor_Terms_FAQ
DRAFT
As it says, this is a draft, so expect more answers over time.

You ask again how much data loss is acceptable?  And this has been
answered before as, That depends on the local and global context of
the particular data.  I don't think that this question is unanswered
so much as it is unanswerable.  Of course every contributor will have
their own opinion on how much, and on a particular piece of the planet
that may hold more interest for them personally.  That's not an answer
either, but it does point out the Sisyphean scale of finding One True
Answer to your repeated question.

Your question regarding legal council suggests that the author of ODbL
is the only lawyer that OSMF board have relied upon for advice
regarding ODbL and the license change process.  This is incorrect.

So what you see as the biggest conflict of interest in the project
does not exist.

As a brief history of OSMF and lawyers, OSMF have had two different
firms agree to provide legal advice for OSMF.  The second still serve
OSMF after taking over when the first firm was unable to respond in a
timely matter.  I thank both firms for their interest in OpenStreetmap
and their support of the OpenStreetMap Foundation.

The OpenStreetMap community as a whole, not just the OSMF membership,
were invited to contribute to the drafts, release candidates and final
version of the ODbL.  The Contributor Terms were written by OSMF
council at another law firm, not by the ODbL author.  Other lawyers in
several jurisdictions, from additional firms, have offered opinions at
various times on various matters.

You ask when the tools will be ready to analyse the impact of
licensing questions.  Largely the answer is the same as for questions
about any software tool in any open project; they'll be ready when
they are ready.  As an alternative answer they will be ready when you
write them.  But flip answers are not really my style, so forgive my
brief non-answer.  During the LWG meeting this week, one participant
discussed the tool they were creating.  So some work on these
visualization tools is proceeding.

Also proceeding is the discussion of exactly what edits should be
treated in what way during the license change[1].  So if you care one
way or the other if a spell-check 'bot that changes tag spelling
should be considered for reversion if the owner chooses not to accept
ODbL/CT, you should participate in that discussion.  Is a simple
import of data published elsewhere a contribution that earns the
possibility of reversion or is it purely mechanical?

On the other hand, we're also answering questions and revising text
for additional clarity, and checking revisions with lawyers.  So
things will keep taking time.


[1] http://lists.openstreetmap.org/pipermail/dev/2010-August/020124.html

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

2010-08-29 Thread Richard Weait
On Sun, Aug 29, 2010 at 8:59 AM, David Groom revi...@pacific-rim.net wrote:
 In the implementation plan under phase 4 it asks Final cut-off. Community
 Question... What do we do with the people who have Declined or not
 responded? [1]

 In order to speed up the final phases of the implementation plan, and in
 particular the move from PHASE 4 to DONE, would it be best to ask the
 above question now, rather than waiting till we get to phase 4 , and then
 initiating the community discussion?

 Alternatively, if this question has already been asked and decided, and I've
 missed it, could the wiki be edited so we know what will happen.

 Alternatively, if the response at the moment is we don't know what we will
 do until we know how many people decline or don't respond, so we cant ask
 the community at the moment,  could we at least know what the options are
 likely to be?

 David

 [1]
 http://wiki.openstreetmap.org/wiki/Open_Database_License/Implementation_Plan#PHASE_4_-_CC-BY-SA_edits_no_longer_accepted._.28Phase_3_.2B_8_weeks_subject_to_critical_mass.29

Part of this question is being discussed here [2] more as what to do
with the data rather than the people.  As an open question I'm
surprised to see so little discussion on this thread so far.  It may
be that we're just waiting to see what the visualization tools look /
work like.  Still the question, what exactly to do in various
situations is interesting.  How does one decliner-changeset in the
middle of a chain of accepter-changestes effect the future data if the
decliner made one position change, and subsequent editors made further
position changes?

From a purely what to do with the people point of view, I'd say the
people are driving that bus.  They'll decide to continue, or to
increase or reduce their participation.  Mappers do that every day.
The project has nothing to say about it.  Though after the license
upgrade, the decision to continue would be under the community-agreed
license and terms.

I'd expect decline accounts to be kept for historical reasons though
they would have to be deactivated from an editing perspective.

What do you think, David?

[2] http://lists.openstreetmap.org/pipermail/dev/2010-August/020124.html

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

2010-08-29 Thread Richard Weait
On Sun, Aug 29, 2010 at 12:14 PM, 80n 80n...@gmail.com wrote:
 On Sun, Aug 29, 2010 at 3:44 PM, David Groom revi...@pacific-rim.net
 wrote:

 1) Those who do not want to, or can not. agree to the CT's and make an
 decision not to accept the CT's.
 2) Those previous mappers who are no longer active and so won't even have
 made a choice between accepting or not.

 In the case of group (1) it seems wrong to me to disregard their wishes
 and just leave the data in.

 It would be equally wrong to disregard the wishes of those in case 2.  Being
 uncontactable is not a justification for abusing a person's rights.

 OSM used to be very respectful of other people's copyright.  It used to be
 one of the values that was held very highly.  But now it seems to think that
 it can just trample all over the rights of the people who built it.

 I'm ashamed that OSM is no longer the body that it once was.  It has lost my
 respect.

I neglected to address those who don't respond either way in my
earlier reply but I'd expect to treat their contributions with the
same care as the decliners.

80n have you presumed I had malice where I only failed to address a
sub-question?  Thanks.

I don't see where David suggested anything that would deserve your
ire, either.

Even if you disagree with what either David or I said, you would paint
the entire OSM project with your loss of respect and shame, rather
than engaging in the discussion?  I'm not sure I see what it is that
you are reacting to in such a visceral way.

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Re: [OSM-legal-talk] Is this clickthrough agreement compatible with OSM?

2010-08-25 Thread Richard Weait
On Wed, Aug 25, 2010 at 7:02 AM, Gregory Arenius greg...@arenius.com wrote:
 I've been considering bringing in some of the data available at
 http://www.datasf.org .  Most of it is behind this clickthrough agreement:
 http://gispub02.sfgov.org/website/sfshare/index2.asp . I think it would be
 okay but I thought I would ask here before I really started doing any work
 on it.

That license looks pretty bad to me, from an including the data in
OSM point of view.  I don't see any grant of rights to the user
beyond the permission to download.  Section IV grants the city all
rights to derivatives and no rights to you to make those derivatives.

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

2010-08-22 Thread Richard Weait
On Sun, Aug 22, 2010 at 7:58 PM, SomeoneElse
li...@mail.atownsend.org.uk wrote:
  On 22/08/2010 15:27, Mike Collinson wrote:

 http://www.osmfoundation.org/wiki/Working_Group_Minutes or directly
 https://docs.google.com/document/pub?id=1lVQlsnuEKPY2gjspScwHqgmo8RyoqmuaWWmWh58T4TY
 0.1

 https://docs.google.com/document/pub?id=18q0b_f_-rtuWWC04qaAcO3NY_Aob2QjY2gGRMmo0IrM
 0.2

 Mike

 Thanks Mike.  Any idea how or why the or got lost from para 1 between 0.2
 and 1.0?  Without it para 1 in 1.0 seems self-contradictory to me?

That's an open question for the lawyer that wrote the CT.  In casual
conversation with one lawyer (casual as in I wasn't paying the
lawyer) I was told that legal-English is not FORTRAN and the or is not
required for legal-English syntax.  This one lawyer does not trump the
OSMF lawyer, this is just one data point.  Perhaps any lawyers on this
list would comment on this matter in general?

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Re: [OSM-legal-talk] License Change - moving forward

2010-08-10 Thread Richard Weait
On Tue, Aug 10, 2010 at 11:16 AM, Brian Quinion
openstreet...@brian.quinion.co.uk wrote:
 On Tue, Aug 10, 2010 at 2:04 PM, Mike Collinson m...@ayeltd.biz wrote:
 If you support the share-alike concept, I urge you to accept the new 
 Contributor Terms which provides for a coherent Attribution, Share-Alike 
 license written especially for databases.  If you are a Public Domain 
 license supporter, we are divided as a community on which is best and I do 
 urge you to give this one a good try.  The Contributor Terms is expressly 
 written to allow us to come back in future years and see what is best  
 without all this fuss about procedure.  And if you'd just really like all 
 this hoo-haa to go away and get back to mapping, well, please say yes.

 One question:

 Given that you can't (legitimately) sign up to the CT if you have used
 data which you are not the copyright owner how will we deal with the
 situation where someone who HAS imported external data signs up to the
 Contributor Terms?

 In some ways it is their own problem, they have warranted that they
 are the legal owner and accepted responsibility for any resulting
 copyright infringement but this seems a trifle unfair since they may
 not have understood the implications and it also still leaves OSMF to
 resolve the future copyright disputes.

If you have derived data from a source that allows deriving to OSM
then I'd say you are fine.  This would cover tracing from aerial
imagery.  If we were dealing with the world of copyright and creative
works this would be similar to taking a photograph of a bonsai plant
after being granted permission to take the photograph.

If you've imported data from a source that allows importation to OSM,
again I'd say that you are okay.

If you've imported data from a source based only on license
compatibility in the last three years you'd have to have been
uninformed or thoughtless to do it without giving the license upgrade
some consideration as stated in the import guidelines since January
2008.

http://wiki.openstreetmap.org/wiki/Import/Guidelines

It would probably be pretty embarrassing for anybody who made that
sort of error in judgment or declaration of ignorance, so they might
be a little prickly about the subject or try to make it seem like
someone else's fault rather than admitting their error.

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

2010-08-04 Thread Richard Weait
On Wed, Aug 4, 2010 at 8:10 AM, Frederik Ramm frede...@remote.org wrote:
 Hi,

 John Smith wrote:

 Any such mechanism, in my eyes, need not be 100% perfect; it is
 sufficient
 to make a honest attempt at doing the right thing, and if a few things
 slip
 through, then fix them in case of complaints.

 Which goes against the usual OSM policy of rejecting it if unsure,
 rather than accepting it.

 Yes and no. When it comes to using external sources etc., we always say
 when in doubt, don't. But when we have to remove someone's contributions
 because of a copyright violation, we usually do exactly what I have outlined
 above - make an honest attempt, but accept that a few fringe cases may
 remain which we'd then deal with if there is concrete complaint.

We also presume good faith.

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

2010-08-04 Thread Richard Weait
On Wed, Aug 4, 2010 at 9:00 AM, 80n 80n...@gmail.com wrote:
 If there is anything under development it would be good if we could see it.
 It is unlikely to be a trivial piece of code and I'd be very surprised if it
 can be developed by September 1st if it hasn't already been started.

You've referred to your arbitrary September first deadline several
times.  When did you first suggest September first had some
significance?  It was weeks ago.

The LWG, OSMF Board, and implementation plan have no September first
deadline of which I am aware.

I don't recognize anything significant about your arbitrary deadline
but it seems to be important to you.  I'm pretty sure that the
implementation plan currently calls for more time than the calendar
provides between now and September first.  Avoid the rush.  Consider
your arbitrary marker to be passed.  Now what?  You declare failure?

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

2010-08-04 Thread Richard Weait
On Wed, Aug 4, 2010 at 2:32 PM, 80n 80n...@gmail.com wrote:
[ ... ]
 September 1st represents
 a reasonable timeframe, based on the currently published implementation plan

Dear 80n,

Absolutely not.

From the implementation plan.  Phase 2 scheduled as 5 or 10 weeks.
Phase 3 as 8 weeks.  Plus undefined time for technical cut-over work.

How do you find your fictional September first deadline reasonable?

Best regards,
Richard

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

2010-08-03 Thread Richard Weait
On Tue, Aug 3, 2010 at 7:18 PM, Heiko Jacobs heiko.jac...@gmx.de wrote:
 Hello

 I searched without success in the Wiki
 who official decided, when and *WHY* they decided, that data of
 contributors, who not (can) accept the ODbl, has to be removed.

 In
 http://wiki.openstreetmap.org/w/index.php?title=Open_Database_License/Implementation_Planoldid=488199
 up to 2010-06-22 this questions stayed open:

  Week 13 (approximate)
 Final cut-off. Community Question... What do we do with
 the people who have said no or not responded?

 But the discussion (and decision) seems to be much older ...?

The presumption is that contributors who joined under ccbysa only,
have the right to choose whether to proceed under ODbL or not.  Do you
suggest that they should not have a choice?

If the OSMF Board were to decide, okay, that's it.  All the data is
relicensed without asking contributors, is that in line with their
mandate to assist OpenStreetMap but not control it?

What would you suggest as an alternative?

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

2010-07-24 Thread Richard Weait
On Sat, Jul 24, 2010 at 7:55 PM, Matija Nalis mnalis-gm...@voyager.hr wrote:
 On Fri, 23 Jul 2010 07:05:02 -0700 (PDT), Richard Fairhurst 
 rich...@systemed.net wrote:
 TimSC wrote:
 In that case, is it legally sound if I download my own contribution
 due, to database rights?

 Difficult to say - I can see an argument either way. A database right
 certainly exists and governs extraction from the database; but if what
 you're extracting is exactly what you put in (with the trivial exception of
 node ID renumbering), it's very very difficult to argue that any additional
 rights have been created.

 Regardless, restricting what you can do with your own contributions would be
 such a blatantly unreasonable and unfair thing to do that I am 100% sure
 OSMF wouldn't do it.

 100% ? I'd never play with such numbers, not in HA systems, and much less in
 case where politics and IP laws might be involved :)

 Sure, they all might the great guys as of now, but suppose OSM becomes
 importatnt enough to big players, who says TeleAtlas or Google or someone
 won't get say new 1000 members in OSMF and have a strong majority of votes
 to pass any such thing? it's not like such things never happend (just
 rembemer OOXML ballot-stuffing at ISO when Microsoft managed to buy out
 majority of new country representatives just to get fasttracked)

That's why it is important to be at least minimally aware of OSMF and
the people and activities involved.  If you don't tell them what you
want, they can only do the things that you want by coincidence.

This appears to address Tim's concern.

http://www.osmfoundation.org/wiki/License/Contributor_Terms
5. Except as set forth herein, You reserve all right, title, and
interest in and to Your Contents. 

Tim, does this address your concern?  Will you support the License upgrade?

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

2010-07-23 Thread Richard Weait
On Fri, Jul 23, 2010 at 4:32 PM, Liz ed...@billiau.net wrote:
 On Sun, 11 Jul 2010, Kai Krueger wrote:
 So far the the impressions I got from the members of the licensing group
 vary from anywhere between e.g. 10% data loss is acceptable to as high as
 90% data loss is acceptable (as long as a majority of signed up accounts
 agree), which means as far as I can interpret, there is no where close to
 an agreed process even within the licensing group.

 When do we get an answer to this question set?
 Almost 3 weeks have gone, and again no straight answers.
 It has become quite obvious that some are happy with a very large data loss
 for some areas of the planet. How much data loss will they accept on their own
 sector of the planet?

Dear Liz,

you say, It has become quite obvious that some are happy with a very
large data loss...

I see two problems with this, Liz.  Who are you suggesting is happy?

Also, there will be no data loss.

No data will be lost.  Data that is now CC-By-SA will always be
CC-By-SA.  Currently published planets, for example are CC-By-SA and
will stay that way.  No data loss.  The data is still there.  Still
CC-By-SA.

We'll each choose to allow our data to be promoted to OSM with the
license upgrade, or we will not.  We'll have that informed choice.  As
we should.  Do you advocate just taking data and re-licensing it
without consent, Liz?  I don't.

That informed choice means that some contributors will choose not to
proceed.  At a minimum those who are unreachable or deceased will not
be able to assent to the license upgrade.  And those who make the
informed decision to not proceed will have their wishes honoured as
well.

It is my preference that each contributor agree with ODbL and CT and
allow their data to be promoted to the ODbL-licensed future
OpenStreetMap.  But still you create friction with your fiction.

I see ODbL as a better way forward for OSM.  Not just because it is
designed for data from the start.  Not just because it is designed in
the same Attribution, Share Alike spirit that lead to the choice of
the unfortunately inappropriate CC-By-SA in the first place.  But also
because ODbL makes improvements over CC-By-SA.

I think that it is a big improvement that data is SA and Produced
Works may be licensed differently.  One prominent OSM contributor
provides code and data and much more to OSM, but can't use the very
data he contributed to OSM in his publication because he must maintain
copyright in the images.  Why is that?  He's already given the data to
OSM.  Under ODbL, we fix that.  He can render the data in a way that
adds value for his readers, and maintain copyright in his publication.

And you restate the question, how much promoted data is enough to
proceed.  I'll restate the answer.  The same answer that you have had
before.  It is impossible to know how much will be promoted because
the contributors have not yet had their say.  And it is impossible to
know how much will be enough because not all data is equal.  So we
will have to find out.  All of us.  Together.  Let's see what the
result is.

In which ways would you like to help?

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

2010-07-17 Thread Richard Weait
On Sat, Jul 17, 2010 at 6:54 PM, Frederik Ramm frede...@remote.org wrote:
 Hi,

   here's an interesting one.

 Suppose OSM has just changed its license to ODbL. A final CC-BY-SA planet
 has been released, non-relicensed data has been removed from the servers,
 and the project is again humming along nicely (relief!).

 Now I would like to make a slippy map overlay where areas are coloured red
 or green or different shades in between according to how much data is
 missing from the current ODbL dataset compared to the old CC-BY-SA data set.
 The idea being, if an area is red, it may be worth going there and
 resurveying the area because edits have been lost.

 I wonder if this is possible at all. Behind the scenes, I would have to
 compare the old CC-BY-SA data with the new data set to find out what
 happened. My tiles would be a derived work from the CC-BY-SA data set and as
 such licensed CC-BY-SA, no problem there. However, I would in all likelihood
 be creating an interim database derived from the new ODbL data set and the
 old CC-BY-SA data set. ODbL would require that I release that database under
 ODbL. But CC-BY-SA requires that if I release the database it must be under
 CC-BY-SA exclusively. Thus I cannot release the database, thus I cannot
 publish the tiles.

Or you create a thin-line style and render both tile sets without a
background color One set red, one set green, both 50% transparent.
Then you allow the user to combine the two tile sets, one over the
other, in the browser.

You don't compare or mix the data bases.  The user is looking at
produced works, ccbysa for the ccbysa tiles, your choice for the ODbL
tiles.  And the user has the option of republishing the overlay as
long as they follow your licensing requirements.  Or, just use them
for personal reference and go mapping.

How hard was that?  Frederik posts many wonderful hypothetical situations.  ;-)

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[OSM-legal-talk] Compatible licenses

2010-07-16 Thread Richard Weait
On Fri, Jul 16, 2010 at 8:01 AM, James Livingston
li...@sunsetutopia.com wrote:

 * Currently you can import any data with a compatible licence (e.g. CC-BY-SA, 
 CC-BY), you can't if we change without the copyright holder's permission

This is a tremendous improvement in my opinion.  I'd like to see every
data publisher as informed and enthusiastic about having contributed
to OpenStreetMap as the everyday mapper.

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

2010-07-13 Thread Richard Weait
On Tue, Jul 13, 2010 at 5:49 AM, Frederik Ramm frede...@remote.org wrote:
 Hi,

 Liz wrote:

 And the arrangement was that whether the licence change went ahead or not
 depended on how many people agreed to relicense their data

 Firstly, if anyone ever said how many people then that was a mistake,
 because the number of people is of little interest, it is the amount of
 their contributions that matters.

I feel that the number of contributors is very important.

 Secondly, I think Richard Weait found good words for this at SOTM: Nobody in
 OSMF or the license working group wants to hurt OSM. They are all mappers,
 they all want the project to prosper. They will not take a decision that is
 bad for the project. It is ultimately the board of directors of OSMF who
 will have to decide whether the license change can go ahead and they will
 make this decision once the situation is clear.

Thank you, Frederik.  I'd like to repeat here something else that I
tried to express during the discussion in Girona, as well.

Many of the questions regarding the minimum requirements etc., seem to
be based on the uncertainty of what if?  I wish that I could make
that uncertainty go away and tell you what the numbers will be.  But I
just can't.  Anybody who can suggest a way to accurately predict the
user numbers and data % and location and the extent where blank spots
might arise should help us to allay these fears.  But I think that
there are simply too many variables to predict the future in a
sensible way.

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Re: [OSM-legal-talk] using OSM on TV

2010-07-11 Thread Richard Weait
On Sat, Jul 10, 2010 at 5:36 AM,  visio...@petml.com wrote:
 I'm trying to determine what is required of my company with regard to
 the on-air broadcast of OSM data. I sell a product used in TV news. Part
 of my product consists of maps. Sometimes my maps use OSM data. Not
 always, in fact most clients are not using OSM data. Either way, for the
 ones that do I need to know what is required. I can't seem to find the
 requirements by searching the archives or reading the website. I see
 lots of opinions and suggestions but no hard decisions. I will be adding
 an OSM link in my application's acknowledgments section stating this
 app may make use of OSM data, a link to the web site, etc. However, I
 simply can't guarantee that my customers will attribute OSM during the
 broadcast. Furthermore, I don't see anywhere that describes exactly what
 my obligations are. Like I said previously, lots of opinions and
 suggestions but no hard requirement. Seems like there is a lot of wiggle
 room if someone simply did not want to attribute OSM in any way.

 Can someone comment and/or correct me if I'm wrong? Can anyone
 definitively state what is required with respect to OSM attribution for
 use in a TV broadcast?

 I will be doing the following:
 * letting my customers know we use OSM data
 * added the usual OSM acknowledgment in my application
 * add some sort of acknowledgment on my website that my application may
 make use of OSM data

OpenStreetMap does not have concrete guidance for you yet.  I wish
that we did.  Please consider

Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Derivative Work or Collective Work, at
a minimum such credit will appear where any other comparable
authorship credit appears and in a manner at least as prominent as
such other comparable authorship credit

So, if you or the broadcaster add a watermark to the video, and
OpenStreetMap and cc watermark should be added.  This is best because
the attribution and license will stay with the clip if it is removed
from the rest of the broadcast.  By all rights this clip should be
permitted to be removed from the broadcast and distributed further as
ccbysa.

Less desirable, because it loses immediacy and could be separated from
the work, would be a credit roll at the show end. Again, let
reasonable and similar prominence be your guide. If you get XL font
size and n seconds on screen, so does OSM / CC so something like:

Map segment by
Vision TV (c) 2010

Maps and data
ccbysa OpenStreetMap
and contributors

I like the idea of OSM maps used in broadcasts.  Thanks for
recognizing that the OSM and CC attribution are your obligation.

The license extract quoted above is from the text of ccbysa, section
4c http://creativecommons.org/licenses/by-sa/2.0/legalcode

If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective
Works, You must keep intact all copyright notices for the Work and
give the Original Author credit reasonable to the medium or means You
are utilizing by conveying the name (or pseudonym if applicable) of
the Original Author if supplied; the title of the Work if supplied; to
the extent reasonably practicable, the Uniform Resource Identifier, if
any, that Licensor specifies to be associated with the Work, unless
such URI does not refer to the copyright notice or licensing
information for the Work; and in the case of a Derivative Work, a
credit identifying the use of the Work in the Derivative Work (e.g.,
French translation of the Work by Original Author, or Screenplay
based on original Work by Original Author). Such credit may be
implemented in any reasonable manner; provided, however, that in the
case of a Derivative Work or Collective Work, at a minimum such credit
will appear where any other comparable authorship credit appears and
in a manner at least as prominent as such other comparable authorship
credit. 

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Re: [OSM-legal-talk] New OSM contributor licensing under ODbL and CC-BY-SA started today

2010-05-21 Thread Richard Weait
On Fri, May 21, 2010 at 1:03 PM, Ed Avis e...@waniasset.com wrote:
 Mike Collinson m...@... writes:

- When enough contributors have agreed, we cut over to licensing the current
database under ODbL, (And a static snapshot of the database is also made 
forever
under CC-BY-SA).  If for some reason this event never happens, the fail safe 
is
that licensing of all contributions under CC-BY-SA simply continues.

 Surely this is two separate steps:

 - begin offering a licence to the whole database under ODbL,
 - stop offering a licence under CC-BY-SA.

 They might happen at the same time but they don't have to.

I expect that the last ccbysa database will continue to be available
as a planet file, just as older ccbysa planet files are available now.
 I suspect that proceeding with two active databases would be
impractical, just as we don't support active editing on the 2006-01-01
planet file version of the database.

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[OSM-legal-talk] ccbysa Prominence clause

2010-04-06 Thread Richard Weait
Recent OSM-derived sites have included beautiful vanity logos on the
map.  As an example, the recent isochronous map of Paris:

http://www.isokron.com/default/
Has a beautiful, bright isokron logo and link to their site.  But I
wonder if this meets with the Prominence clause of our ccbysa license?

The full text of the cc-by-sa (v2.0) license includes this clause
regarding prominence


Such credit may be implemented in any reasonable manner; provided,
however, that in the case of a Derivative Work or Collective Work, at
a minimum such credit will appear where any other comparable
authorship credit appears and in a manner at least as prominent as
such other comparable authorship credit.


http://creativecommons.org/licenses/by-sa/2.0/legalcode

In our example above I'm comparing the isokron logo-link with the
OSM/ccbysa link at the bottom of the page:

large colour isokron logo
- approx. 300x76 pixels
- bright colours
- link to www.isokron.com

and OSM / ccbysa credit
- approx. 175 x 10 pixels
- grey on white
- links to ccbysa text and openstreetmap.org

The OSM / ccbysa link text appears to be fully compliant with our
guidance on the wiki[1].  It has links to both OpenStreetMap and the
CC license text.  But the prominence?  Not quite as good.

The isokron logo is ~13 times larger than the OSM/ccbysa link.
The isokron logo is colourful and the OSM/ccbysa link is monochrome.
The isokron logo is on the map and the OSM/ccbysa link is below the map.

My questions to legal-talk are:

1) Is this a situation where the prominence clause should be applied?
And if not, when should the prominence clause apply?
2) What guidance should we offer to good members of the OSM community
who wish to have a large beautiful logo on their map?

Best regards,
Richard

[1] 
http://wiki.openstreetmap.org/wiki/Legal_FAQ#I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F
Oh.  That link is terrible.  Here is a shorter link.  http://ow.ly/1v4Z2

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Re: [OSM-legal-talk] OSM content on locked platforms

2010-04-05 Thread Richard Weait
On Fri, Apr 2, 2010 at 6:06 PM, Frederik Ramm frede...@remote.org wrote:
 Hi,

    a recent discussion on talk-de has unearthed an interesting question
 with regards to iPhone/Appstore and other locked platforms.

[... ]

 Now, CC-BY-SA requires that whoever buys this application should have
 the full right to make derivative works (of the data), pass it (the
 data) on, etc.etc., and indeed it also says:

 You may not distribute, publicly display, publicly
 perform, or publicly digitally perform the Work with any technological
 measures that control access or use of the Work in a manner inconsistent
 with the terms of this License Agreement.

 If I understand things correctly, then the whole iPhone/Appstore/Apple
 operating system combo is just that - a technological measure that
 controls access and use of the work, because you cannot retrieve the
 work from the iPhone without jailbreaking it, and you cannot install
 it on another iPhone without jailbreaking that.

I believe that you are correct.  As you describe it cc-by-sa is not
allowed on iStuff due to technological measures.  One might argue that
making the work available outside the iPrison then becomes
consistent again and satisfies cc-by-sa.  Mike Collinson's
suggestion of a button in the application might satisfy everybody.

 (a) what would the ODbL say in a similar case?

ODbL v1, by comparison, explicitly requires this out-of-band
distribution of the unlocked work to be compliant with OdBL 4.7b

 (b) is it in our interest - in the interest of open data - to allow
 such distribution of our data through closed platforms?

I believe it is in our interest to not prohibit any field of endeavor.
 In this case we shouldn't deny a developer their platform of choice.
No special additional restrictions for iPrison.  But no special
reduction in obligations either.

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Re: [OSM-legal-talk] OSM license change - ODbL - questions

2010-03-30 Thread Richard Weait
On Tue, Mar 30, 2010 at 1:34 PM, F. Heinen f.heinen...@gmail.com wrote:
 Hey Richard,

 Thanks a lot for the response. I read (quickly) most of the documentation
 already. Seems quite a lot of work
 and study has been put into this. Good work OSMF!

 But even when it seems this is all needed and much better AFAIS now what
 will be done if the community will vote against this change and/or only a
 bit (60% for example) will be kept of the data?

Dear Frank,

I trust that if the percentage is too low, the OSMF will find another
approach.  I'm guessing, because it is impossible to know, that we'll
promote 90%-95% of the data to ODbL.  Even data that can not be
promoted to ODbL will still be available in the last cc-by-sa
planet.  So it won't be lost and thrown away, just left behind.

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Re: [OSM-legal-talk] OSM license change - ODbL - questions

2010-03-29 Thread Richard Weait
On Mon, Mar 29, 2010 at 3:09 PM, F. Heinen f.heinen...@gmail.com wrote:
 Hi all,

 Let me first introduce myself, I am Frank aka Frenzel. I am a community
 member of OSM.nl since Aug. 2009, so relatively new but also quite active.
 I hope I mail this to the right mailing list.

Hi Frank,

I'm Richard, an OSM participant from Canada.  I've been following the
license discussions for a couple of years now but seldom participate.
I think license details are important, and that the Foundation will
get it right.

I speak for myself only.

 In the Dutch mailing list already a few times a discussion started on the
 license change that OSMF likes to do (or is needed).
 But the community doesn't seem to be convinced, are missing answers and no
 consensus is found. So herewith some questions from my side which I hope can
 clarify
 the questions from me (and I guess from more of the community members).
 Note: I want to keep this on a human understandable and general level!

Okay.  I can do that.  I'm a human.

 1 - What (human understandable) reasons are there to change the OSM license?

cc-by-sa is written for single creative works, like a song, sculpture,
or movie script.  cc-by-sa is not designed to apply to data or
databases.  Creative commons told us this after we started using
cc-by-sa.  There was nothing else suitable when OSM started.

 2 - What information can be found so the community can read more about it?

This is great.
http://www.opendatacommons.org/licenses/odbl/summary/

 3 - Are feasibility studies done on the following levels:
 3.1 - Data/DB level - For example how to do with changes of the data where
 the original contributor doesn't accept the new license?

See below.

 3.2 - Contributor level - What the changes are that reasonable amount of
 contributors will accept the change?

Depends who asks the questions and with what goal in mind.

 3.3 - Community emotional level - For example how the community will deal
 with data that will not be move where people put in hard work, TLC and free
 time (and maybe even money).

I believe that the community is taking every reasonable precaution in
the license change.  Also that the revisions and re-starts in the
license change process have lead to a better, clearer license.

I think that the change, when it happens will be much smoother that we
feared.  I realize that we will lose some data, and that is a shame.
I think that the community will continue to grow and thrive.

 4 - Is there any documentation based on what reasons we can convince
 companies that donated data to accept the changed license?

For years, this possibility should have been made clear during
discussions of the donation.  For years.  If we missed that
opportunity to get ODbL pre-approved, the similarities to cc-by-sa are
very helpful.

An Italian lawyer described ODbL as cc-by-sa without the problems.
(see page 2) 
http://www.osmfoundation.org/images/archive/3/3c/20091205200018!License_Proposal.pdf

ODbL is an Attribution, ShareAlike license.  ODbL is intended for data
and databases.  The OSM community helped lawyers, expert in
international law and intellectual property law develop ODbL.

Folks who thought cc-by-sa was the right way to proceed should jump
enthusiastically to ODbL.

 5 - Is there a roadmap of this license change?

Sure.  I haven't looked at it recently, and I'm sure we're a few days
or weeks or something behind schedule.  Everybody involved is a
volunteer.  I don't mind.

 6 - Is there a plan on how to implement this change?

Of course.  And there have been many reviews of the plans from many
individuals in the community. This has been ongoing for more than
three years.

 7 - What are the minimum goals that this license change will be accepted?
 For example on data level: how much of the OSM data must be put on ODbL to
 accept it? So what if only 10% of the data is accepted?

As I understand it, the need for change has been accepted and the
license upgrade will happen.  Exact percentages are impossible to
predict in advance.  But this chart is interesting.  50% of way data
is contributed by 31 user accounts.  So if only those 31 users say
yes, we keep 50% of the data.  I believe that way more than 31 users
will accept the license.  And I believe that the vast majority of our
data will successfully be relicensed as ODbL.

http://wiki.openstreetmap.org/wiki/Stats#Contribution_percentage_by_user

 I hope you guys can shine some light on my questions.

Hope that helps.

Again, just my perspective.

Also, I think it is important to thank the community for making OSM as
much fun as it is.  We're all volunteers, participating in OSM because
we enjoy it.  When some volunteer to do even more, like by
participating the OSMF and doing things that we can't do as
individuals, I think that is a real benefit to the rest of us.

For example.  I could have asked everybody to send me money so I could
buy a new database server for OSM.  Perhaps some folks would have sent
the money.  But 

Re: [OSM-legal-talk] TeleAtlas data in OSM

2010-02-04 Thread Richard Weait
On Thu, Feb 4, 2010 at 7:47 AM, Stefano Salvador
stefano.salva...@gmail.com wrote:
 Hi,

 I tried to send this to the foundation but I got no response, so I'm trying
 here.

 During an edit session I noticed a number of errors near my living
 area [1]. Comparing the area with GMaps [2] reveals too many
 similiraties.

 I have compared the OSM data with a dump of TeleAtlas DB which I use
 for work and I discovered that ways and nodes are exactly the same so
 I'm pretty sure that this data was uploaded from a similar dump.

 The changesets are all of the user moleilbevi [3].

 Other users have mapped the area before this disaster so is not easy
 for me deleting only the ways copied.

Hi Stefano.

I've forwarded this to the data working group for their information.

I suppose it is also possible that this data comes from one
unencumbered source to both OSM and TeleAtlas, so this might not be a
problem.  Have you contacted this user to find out?

Best regards,
Richard

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

2009-12-08 Thread Richard Weait
On Tue, Dec 8, 2009 at 7:40 AM,  mapp...@sheerman-chase.org.uk wrote:

 Hi,

 A quick question for the legal people: does ODbL allow the project to
 be forked?

Why not?

The code is in svn and has been for ages, ready for forking.  Of
course, you can't change the license on the GPL code that you fork
without re-writing it.

The OSM data can be forked now as cc-by-sa as the data is right there
in planet, ready for forking.  You could fork data from an ODbL
project the same way.  Of course the same requirements for relicensing
would exist.  You'd have to essentially replace all of the data to
relicense the data.

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Re: [OSM-legal-talk] Toronto data license: Incompatible with OSM

2009-11-14 Thread Richard Weait
On Sat, Nov 14, 2009 at 4:01 AM, Andy Robinson ajrli...@googlemail.com wrote:
 But maybe if you chat to them they might consider releasing to OSM under a
 modified license to get around this?

Of course.  In progress. ;-)

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[OSM-legal-talk] reciprocal data agreements

2009-10-06 Thread Richard Weait
Dear legal-talk,

I wonder if either cc-by-sa, or ODbL anticipate a reciprocal data
agreement between OSM and another project with a different license?

Imagine a data provider using perhaps cc-by, or a BSD style permissive
license contributes their data to OSM.
Imagine then that they would like to monitor changes in OSM to data
that originated from their source.
Imagine then that they would like to incorporate those changes, with
or without further vetting, back into their dataset under their
license.

My understanding is this return of the data to the source would not be
permitted, as is, with either license.

I suggest that we do want to permit this sort of a reciprocal data agreement.

Am I incorrect in my understanding of the licenses and would this be
permitted already?
Could a community guideline address this and permit it in the ODbL
when and if adopted?

Thoughts?

Best regards,
Richard

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Re: [OSM-legal-talk] Legal aid - tentative data source from an Australian regional council

2009-09-07 Thread Richard Weait
On Mon, Sep 7, 2009 at 12:11 AM, Jeff Pricejeff.pr...@rocketmail.com wrote:
 Hello,

 I approached my local council some months ago enquiring about access to
 their road data and recently gained a in principle agreement for shapefile
 content via cdrom.  While I explained the creative commons licensing they
 also came back with a license agreement of their own.  Is there someone on
 the list who could help me to ensure things are done correctly?  Would you
 like to to work directly with one person (all going well should be a few
 emails and a phone call) or work with the entire group via this list?

Dear Jeff,

Congratulations on finding a possible data donor and taking the
conversation this far.  You may want to take this conversation to the
Imports mailing list[1] where the goal is matching folks up to
locate, acquire, convert and import data sets from various sources.
There will also be an Imports list conference call this week for
those interested.[2]

I would be pleased to help you with the current discussion in any way
that I can.  I took part in a similar discussion that lead to a data
donation from the Canadian government.

Best regards,
Richard.

[1] http://lists.openstreetmap.org/listinfo
[2] http://wiki.openstreetmap.org/wiki/Foundation/Import_Support_Working_Group

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Re: [OSM-legal-talk] OSM usage in commercial apps.

2009-09-07 Thread Richard Weait
On Mon, Sep 7, 2009 at 8:21 AM, Algirdas
Mockusalgirdas.moc...@gmail.com wrote:
 Hy everybody,

 Our company is planning to use Marble widget in commercial product. As you
 know Marble is licensed under LGPL v2 license, that permits its usage in
 commercial closed source apps. I have a question ... is it possible to use
 open street maps data together with Marble in such application not breaking
 any legal rights (meeting Creative Commons license)? Thanks for your
 answears.

Dear Algirdas,

The ccbysa license allows commercial use.  Your obligation is to
credit OpenStreetMap to satisfy the BY requirement.  Please see the
wiki for specific examples of proper credit.
http://wiki.openstreetmap.org/wiki/Legal_FAQ#I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F

The Share Alike obligation is slightly more complex.  As long as you
are using _unchanged OSM data_ Share Alike places no additional
obligation on you.  Can you share any more details so that we can be
more specific?

Best regards,
Richard

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Re: [OSM-legal-talk] Reverse-Engineering Maps and Share-Alike Licences

2009-03-08 Thread Richard Weait
On Sun, 2009-03-08 at 13:00 +0100, Frederik Ramm wrote:
 If someone really wants to jump through these 
 hoops to get it done, let him do it. I think this will be a niche 
 application and, if at all, only used very seldom.
 
 And if we later find that someone is really being a thorn in our side 
 with that for one reason or another, *then* we think about fixing it. 

Is it practical, from the legal point of view, to aim ODbL version 1.0
at the community?  The well-behaved get a license that tells them what
is allowed.  (Map t-shirts and cupcakes? Sure!)  This way the good
people in the community with commercial interests can proceed with some
reassurance.  The contributors can know that the license permits the use
cases we want and can get to their new contributions.  

The badly-behaved get the current no reverse engineering clause and
the derivative database share alike requirement with the existing
potential holes, and we shore it up with a community norms document?  



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