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

2010-12-10 Thread Robert Kaiser
Rob Myers schrieb: Please name the jurisdictions you have in mind and provide references to the applicable case law in those jurisdictions. Please also provide sources demonstrating that data is PD in those jurisdictions. WHAT about IANAL in my message don't you understand? Robert Kaiser

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

2010-12-10 Thread Rob Myers
On 12/10/2010 02:29 PM, Robert Kaiser wrote: Rob Myers schrieb: Please name the jurisdictions you have in mind and provide references to the applicable case law in those jurisdictions. Please also provide sources demonstrating that data is PD in those jurisdictions. WHAT about IANAL in my

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

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 9:40 AM, Rob Myers r...@robmyers.org wrote: On 12/10/2010 02:29 PM, Robert Kaiser wrote: Rob Myers schrieb: Please name the jurisdictions you have in mind and provide references to the applicable case law in those jurisdictions. Please also provide sources

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

2010-12-10 Thread Robert Kaiser
Anthony schrieb: 1) You can't take things out of the public domain. Of course you can't. But you can AFAIK (still, IANAL, bare that in mind) make new contributions or a derived work and put that under any different terms you like, right? I think it's clear that what is currently in the OSM

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

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 8:03 PM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: 1) You can't take things out of the public domain. Of course you can't. But you can AFAIK (still, IANAL, bare that in mind) make new contributions or a derived work and put that under any different terms

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

2010-12-09 Thread Robert Kaiser
Anthony schrieb: On Wed, Dec 8, 2010 at 11:34 AM, Robert Kaiserka...@kairo.at wrote: Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some jurisdiction where this is equivalent to PD (from all I've heard, there are

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

2010-12-09 Thread Rob Myers
Anthony: Please explain how the ODbL changes that, in the context of case law regarding shrink-wrap, browse-wrap, and the OSM situation which I'm going to refer to as I-wish-it-were-true-wrap. Please name the jurisdictions you have in mind and provide references to the applicable case law in

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

2010-12-09 Thread Anthony
On Thu, Dec 9, 2010 at 8:35 AM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: On Wed, Dec 8, 2010 at 11:34 AM, Robert Kaiserka...@kairo.at  wrote: Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some

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

2010-12-09 Thread Anthony
On Thu, Dec 9, 2010 at 8:49 AM, Rob Myers r...@robmyers.org wrote: Anthony: Please explain how the ODbL changes that, in the context of case law regarding shrink-wrap, browse-wrap, and the OSM situation which I'm going to refer to as I-wish-it-were-true-wrap. Please name the jurisdictions

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

2010-12-08 Thread kevin
: Wed, 08 Dec 2010 03:38:50 To: Licensing and other legal discussions.legal-talk@openstreetmap.org Reply-To: Licensing and other legal discussions. legal-talk@openstreetmap.org Subject: Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag Simon, Simon Ward wrote: On Mon, Dec 06, 2010 at 07

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

2010-12-08 Thread Eugene Alvin Villar
I agree with Frederik's very nice comparison of OSM with volunteer organizations as well. I guess OSM should be viewed as a collection of geodata to which Frederik, John, Liz, Steve, Steve, Steve, Steve, Richard, Richard, Richard, et al have contributed to, instead of as a collection of

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

2010-12-08 Thread Andreas Perstinger
On 2010-12-08 14:25, Anthony wrote: On Wed, Dec 8, 2010 at 8:05 AM, John Smithdeltafoxtrot...@gmail.com wrote: And one of those problematic details is the OSMF. The OSMF was not created to control the data. In fact, this was a key founding principle. OSMF was created to support the project,

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:37 AM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 14:25, Anthony wrote: On Wed, Dec 8, 2010 at 8:05 AM, John Smithdeltafoxtrot...@gmail.com  wrote: And one of those problematic details is the OSMF.  The OSMF was not created to control the

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:46 AM, Anthony o...@inbox.org wrote: On Wed, Dec 8, 2010 at 9:37 AM, Andreas Perstinger As I understand it, there must be someone who owns the database because otherwise you can't defend it legally.  Would you prefer a single person? I'm not sure what you mean by owns

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:51 AM, Anthony o...@inbox.org wrote: By the way: The Foundation does not own the OpenStreetMap data, is not the copyright holder and has no desire to own the data. http://www.osmfoundation.org/wiki/OSMF:About ___ legal-talk

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 9:37 AM, Andreas Perstinger andreas.perstin...@gmx.net wrote: As I understand it, there must be someone who owns the database because otherwise you can't defend it legally. Would you prefer a single person? On Wed, Dec 8, 2010 at 11:07 AM, Andreas Perstinger

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

2010-12-08 Thread Rob Myers
On 2010-12-08 15:46, Anthony wrote: Who owns Wikipedia? At the copyright level, the ownership is fragmented. And yet that didn't stop the licence being changed. - Rob. ___ legal-talk mailing list legal-talk@openstreetmap.org

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

2010-12-08 Thread Robert Kaiser
Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some jurisdiction where this is equivalent to PD (from all I've heard, there are quite a few). :P Robert Kaiser ___

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 11:34 AM, Robert Kaiser ka...@kairo.at wrote: Anthony schrieb: One alternative is status quo. Good idea. We'll just have to make sure anyone using our data is located in some jurisdiction where this is equivalent to PD (from all I've heard, there are quite a few). :P

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 11:49 AM, Anthony o...@inbox.org wrote: Please explain how the ODbL changes that, in the context of case law regarding shrink-wrap, browse-wrap, and the OSM situation which I'm going to refer to as I-wish-it-were-true-wrap. Or maybe Frederik can answer it:

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

2010-12-08 Thread Andreas Perstinger
On 2010-12-08 17:23, Anthony wrote: Then no one should own the database right. So we're back at the status quo which is in my opinion not the best option (many uncertainties). The OSMF certainly should not, because a very small portion of contributors are members of the OSMF. I agree

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 12:04 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 17:23, Anthony wrote: The OSMF certainly should not, because a very small portion of contributors are members of the OSMF. I agree with you that more contributors should be members of the OSMF

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

2010-12-08 Thread Francis Davey
On 8 December 2010 17:23, Anthony o...@inbox.org wrote: The 1.0 CT doesn't even mention the database right.  1.2 (*) says that the individual contributors grant the right to the OSMF, but according to you the individual contributors can't have the right in the first place. I think there's

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

2010-12-08 Thread Andreas Perstinger
On 2010-12-08 18:23, Anthony wrote: On Wed, Dec 8, 2010 at 12:04 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 17:23, Anthony wrote: The OSMF certainly should not, because a very small portion of contributors are members of the OSMF. I agree with you that more

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

2010-12-08 Thread Andreas Perstinger
On 2010-12-08 18:36, Francis Davey wrote: There's a lot of complex law here, but my best guess is that the sui generis right is first owned by the contributors collectively, so that their permission is required for its use. There are problems with that view, but other views are more problematic.

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 1:05 PM, Andreas Perstinger andreas.perstin...@gmx.net wrote: On 2010-12-08 18:23, Anthony wrote: That's probably a key reason for our difference of opinion.  I'm one of those individualists that Frederik was complaining about.  I'm quite wary of collectivism and the

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

2010-12-08 Thread Anthony
On Wed, Dec 8, 2010 at 12:36 PM, Francis Davey fjm...@gmail.com wrote: On 8 December 2010 17:23, Anthony o...@inbox.org wrote: The 1.0 CT doesn't even mention the database right.  1.2 (*) says that the individual contributors grant the right to the OSMF, but according to you the individual

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

2010-12-07 Thread kevin
listt...@openstreetmap.org; Serge Wroclawskiemac...@gmail.com Subject: Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk

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

2010-12-07 Thread Frederik Ramm
Hi, On 12/07/10 09:24, ke...@cordina.org.uk wrote: However, I believe the license is different. Contributors give OSMF a licence to use their data in a particular way. That licence is to their personal rights. I think it is wrong that this licence can be changed in the future without the

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

2010-12-07 Thread 80n
On Tue, Dec 7, 2010 at 8:59 AM, Frederik Ramm frede...@remote.org wrote: Hi, On 12/07/10 09:24, ke...@cordina.org.uk wrote: However, I believe the license is different. Contributors give OSMF a licence to use their data in a particular way. That licence is to their personal rights. I

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

2010-12-07 Thread Frederik Ramm
80n, On 12/07/10 10:08, 80n wrote: So, the const-ness you're looking for is in fact there - just not on the level on which you are lookign for it. Not at all. A 2/3rds majority of *active* contributors can change the license under which everyone elses content is published. Yes. But

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

2010-12-07 Thread kevin
-legal-talk] [OSM-talk] Unsetting CT flag 80n, On 12/07/10 10:08, 80n wrote: So, the const-ness you're looking for is in fact there - just not on the level on which you are lookign for it. Not at all. A 2/3rds majority of *active* contributors can change the license under which

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

2010-12-07 Thread 80n
On Tue, Dec 7, 2010 at 9:25 AM, Frederik Ramm frede...@remote.org wrote: 80n, On 12/07/10 10:08, 80n wrote: So, the const-ness you're looking for is in fact there - just not on the level on which you are lookign for it. Not at all. A 2/3rds majority of *active* contributors can

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

2010-12-07 Thread Anthony
On Tue, Dec 7, 2010 at 4:25 AM, Frederik Ramm frede...@remote.org wrote: There is *no* way for OSMF to, for example, * license the data under a non-free or non-open license Free according to whom? Open according to whom? * license the data under a license not agreed to by 2/3 of active

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

2010-12-07 Thread Anthony
On Tue, Dec 7, 2010 at 7:37 AM, Anthony o...@inbox.org wrote: To change the CT, all they have to do is 1) require all contributors to sign a new CT.  2) Wait 3 months.  3) Have a vote on the new CT among the users who have already signed the new CT.  Anyone who refused to sign the new CT would

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

2010-12-07 Thread Simon Ward
On Mon, Dec 06, 2010 at 07:58:26PM +0100, Frederik Ramm wrote: ODbL is not a PD license, so you do not have to be afraid. The Contributor Terms effectively change the licence. Simon -- A complex system that works is invariably found to have evolved from a simple system that works.—John Gall

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

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

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

2010-12-07 Thread Grant Slater
On 8 December 2010 00:50, John Smith deltafoxtrot...@gmail.com wrote: On 8 December 2010 10:37, Simon Ward si...@bleah.co.uk wrote: On Mon, Dec 06, 2010 at 07:58:26PM +0100, Frederik Ramm wrote: ODbL is not a PD license, so you do not have to be afraid. The Contributor Terms effectively

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

2010-12-07 Thread John Smith
On 8 December 2010 11:08, Grant Slater openstreet...@firefishy.com wrote: Disappointing as ever... [citation needed] What is disappointing is you can't or won't spend the time to brush up on the history of the license debate, or when you see a false statement being made repeatedly and you don't

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

2010-12-07 Thread Grant Slater
John Smith deltafoxtrot...@gmail.com wrote: Frederik seems to consistently misrepresent the license in this sort of dishonest fashion, I've seen some of the emails he wrote on the subject of license changes during 2009 and he showed much more integrity and moral fiber on the subject, it's

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

2010-12-07 Thread Frederik Ramm
Simon, Simon Ward wrote: On Mon, Dec 06, 2010 at 07:58:26PM +0100, Frederik Ramm wrote: ODbL is not a PD license, so you do not have to be afraid. The Contributor Terms effectively change the licence. My statement above arose from a discussion in which pec...@gmail.com wrote: I know that

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

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

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

2010-12-06 Thread 80n
On Mon, Dec 6, 2010 at 6:58 PM, Frederik Ramm frede...@remote.org wrote: Hi, pec...@gmail.com wrote: License is fine. It is CT which in fact still allows OSMF to change data license to any other free license (which could be strip share alike and attribution requirements) what blocks