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

2011-06-22 Thread Stephen Gower
On Wed, Jun 22, 2011 at 12:57:19PM +1000, John Smith wrote: I don't think intent alone is enough, if the intent is to limit derivative copies you need to stipulate that in your license to B, otherwise you know that C is able to do what ever he likes based on the license between B and C. I

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

2011-06-21 Thread Grant Slater
On 21 June 2011 05:46, Steve Bennett stevag...@gmail.com wrote: Hang on, here's Nearmap's statement: All such additions or edits submitted to OSM prior to 17 June 2011 may be held and continue to be used by OSM under the terms in place between OSM and the individual which submitted the

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

2011-06-21 Thread Stephen Gower
[Sorry to quote so much context - please do scroll down!) On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote: I think the question being asked arises from the following hypothetical chain of events: 1/ Person A has a database that he licenses under ODbL. 2/ Person B

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

2011-06-21 Thread John Smith
On 21 June 2011 23:31, Stephen Gower socks-openstreetmap@earth.li wrote: [Sorry to quote so much context - please do scroll down!) On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote: I think the question being asked arises from the following hypothetical chain of

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

2011-06-21 Thread Mike Dupont
On Wed, Jun 22, 2011 at 4:57 AM, John Smith deltafoxtrot...@gmail.comwrote: Person A also should do as much as they can to make sure any potential Person C is aware of the intention. In the case of OSM, it helps that it's the largest open map data project - it's likely anyone thinking of

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

2011-06-20 Thread Steve Bennett
Hang on, here's Nearmap's statement: All such additions or edits submitted to OSM prior to 17 June 2011 may be held and continue to be used by OSM under the terms in place between OSM and the individual which submitted the addition or edit at the relevant time. And here's Nick's interpretation:

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

2011-06-19 Thread ce-test, qualified testing bv - Gert Gremmen
19 juni 2011 6:59 Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap On 19 June 2011 03:40, ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl wrote

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

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

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

2011-06-19 Thread Robert Whittaker (OSM)
On 18 June 2011 10:22, Francis Davey fjm...@gmail.com wrote: OK. So what I mean by some of the questions don't make sense is exactly this. I'm afraid you and lots of others who ask questions use a lot of short-hand (lawyers sometimes do this too). The problem is then I don't know what

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

2011-06-19 Thread John Smith
On 19 June 2011 20:16, Robert Whittaker (OSM) robert.whittaker+...@gmail.com wrote: Thinking of the example someone gave or the copyright in sound recordings being separate from the copyright in the music / lyrics, I'm guessing the answer is some sort of combination of 2 and 3; along the lines

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

2011-06-19 Thread Robert Whittaker (OSM)
On 18 June 2011 11:37, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 20:35, John Smith deltafoxtrot...@gmail.com wrote: Not sure of you point, since cc-by-sa can't be magically turned into ODBL data, it can only stay cc-by-sa. Oh and as for CTs, they don't guarantee attribution

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

2011-06-19 Thread Robert Whittaker (OSM)
On 19 June 2011 11:21, John Smith deltafoxtrot...@gmail.com wrote: On 19 June 2011 20:16, Robert Whittaker (OSM) robert.whittaker+...@gmail.com wrote: Thinking of the example someone gave or the copyright in sound recordings being separate from the copyright in the music / lyrics, I'm

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

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

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

2011-06-19 Thread John Smith
On 19 June 2011 20:31, Robert Whittaker (OSM) robert.whittaker+...@gmail.com wrote: While person C could indeed get access to the original data (which must be offered by B), in the hypothetical situation I envisaged, they choose not to do so. They obtain the produced work under PD/CC0 or CC-By

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

2011-06-19 Thread andrzej zaborowski
On 19 June 2011 12:31, John Smith deltafoxtrot...@gmail.com wrote: On 19 June 2011 20:24, Robert Whittaker (OSM) robert.whittaker+...@gmail.com wrote: On 18 June 2011 11:37, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 20:35, John Smith deltafoxtrot...@gmail.com wrote: Not sure

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

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

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

2011-06-19 Thread John Smith
I forgot to ask, do SVG files constitute a produced work? The kind OSM.org currently outputs as SVG maps. ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk

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

2011-06-19 Thread John Smith
On 20 June 2011 00:53, Rob Myers r...@robmyers.org wrote: On 19 June 2011 12:31, John Smithdeltafoxtrot...@gmail.com wrote: yet ODBL allows people to output PD tiles, which don't offer attribution. The ODbL requires attribution of the database. The database can contain other attribution.

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

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

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

2011-06-18 Thread davespod
JohnSmitty wrote: As I said before, you can easily do this with copyright, use CC-by-ND instead of CC-by-SA, but if something is licensed as CC-by-SA it can legally be derived from as long as the resulting work is also CC-by-SA. What I am saying is that Creative Commons guidance appears to

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

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

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

2011-06-18 Thread Francis Davey
2011/6/18 John Smith deltafoxtrot...@gmail.com: Well one assumption I'm making is that everyone is adhering to the license restrictions placed on them, perhaps this would be easiler with a solid example. OSM-F continues to distribute map tiles under a CC-by-SA license and for the purpose of

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

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

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

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

2011-06-18 Thread Frederik Ramm
Hi, Richard Weait wrote: 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

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

2011-06-18 Thread John Smith
On 18 June 2011 20:26, Richard Weait rich...@weait.com wrote: Is this similar?: Andy, in Australia, contributes CC-By or CC-By-SA data to CC-By-SA OpenStreetMap. Perhaps the data is Australian boundaries or something. Betty, in UK, creates CC-By-SA tiles that include that boundary data.

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

2011-06-18 Thread John Smith
On 18 June 2011 20:35, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 20:26, Richard Weait rich...@weait.com wrote: Is this similar?: Andy, in Australia, contributes CC-By or CC-By-SA data to CC-By-SA OpenStreetMap. Perhaps the data is Australian boundaries or something.

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

2011-06-18 Thread ce-test, qualified testing bv - Gert Gremmen
] Verzonden: zaterdag 18 juni 2011 12:36 Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap On 18 June 2011 20:26, Richard Weait rich...@weait.com wrote: Is this similar

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

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

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

2011-06-17 Thread Steve Bennett
On Fri, Jun 17, 2011 at 1:23 PM, Ben Last ben.l...@nearmap.com wrote: The goal of that statement was to allow any contributions that have been derived from our PhotoMaps under our current licence (which is what imposes the CC-BY-SA redistribution condition) can remain in the OSM db.  Not being

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

2011-06-17 Thread Frederik Ramm
Hi, On 06/17/11 11:18, John Smith wrote: Only if the amount of data traced is not substantial. CC-by-SA makes no such distinction, it's either cc-by-sa or it's not cc-by-sa, so which license can tiles be put under? Sorry, I thought you had asked about tracing from tiles. Tiles can be put

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

2011-06-17 Thread John Smith
On 18 June 2011 00:06, Frederik Ramm frede...@remote.org wrote: Hi, On 06/17/11 11:18, John Smith wrote: Only if the amount of data traced is not substantial. CC-by-SA makes no such distinction, it's either cc-by-sa or it's not cc-by-sa, so which license can tiles be put under? Sorry, I

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

2011-06-17 Thread John Smith
On 18 June 2011 00:54, Eugene Alvin Villar sea...@gmail.com wrote: On Fri, Jun 17, 2011 at 10:44 PM, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 00:40, Frederik Ramm frede...@remote.org wrote: I am not trying to apply patents to OSM. I am trying to use the example of patents

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

2011-06-17 Thread Simon Poole
Because you want to sell/offer s service in the EU, enter one of the countries and numerous other reasons. As long as you don't make the derived database available or publish the contents in some form -in- the EU you are not in trouble, just if. Simon Am 17.06.2011 16:54, schrieb John

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

2011-06-17 Thread John Smith
On 18 June 2011 01:10, Simon Poole si...@poole.ch wrote: Because you want to sell/offer s service in the EU, enter one of the countries and numerous other reasons. As long as you don't make the derived database available or publish the contents in some form -in- the EU you are not in trouble,

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

2011-06-17 Thread andrzej zaborowski
On 17 June 2011 16:48, Frederik Ramm frede...@remote.org wrote: On 06/17/11 16:39, andrzej zaborowski wrote: 1. IIRC the newer versions of CC-By-SA include statements to ensure that the content is not protected by database rights, patents or DRM, which would prevent their uses. News to me.

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

2011-06-17 Thread andrzej zaborowski
On 17 June 2011 17:17, andrzej zaborowski balr...@gmail.com wrote: On 17 June 2011 16:48, Frederik Ramm frede...@remote.org wrote: On 06/17/11 16:39, andrzej zaborowski wrote: 1. IIRC the newer versions of CC-By-SA include statements to ensure that the content is not protected by database

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

2011-06-17 Thread Eugene Alvin Villar
On Fri, Jun 17, 2011 at 11:01 PM, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 00:54, Eugene Alvin Villar sea...@gmail.com wrote: On Fri, Jun 17, 2011 at 10:44 PM, John Smith deltafoxtrot...@gmail.com wrote: On 18 June 2011 00:40, Frederik Ramm frede...@remote.org wrote: I am

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

2011-06-17 Thread John Smith
On 18 June 2011 05:25, davespod osmli...@dellams.fastmail.fm wrote: In a similar vein, I think OSMF and any other publisher of OSM-derived map tiles under CC-by-SA would be well advised to be explicit about what it is they are licensing under CC-by-SA. In other words, they should follow the

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

2011-06-16 Thread Steve Bennett
On Thu, Jun 16, 2011 at 11:29 AM, Ben Last ben.l...@nearmap.com wrote: James; all I can say is that the paragraph in question was written by our General Counsel specifically to allow existing contributions to stay in place. I'm not a lawyer, so I can't comment on interpretation! Regards Hi

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

2011-06-15 Thread David Groom
- Original Message - From: Ben Last ben.l...@nearmap.com To: OpenStreetMap Learned Discussions t...@openstreetmap.org; OSM Australian Talk List talk...@openstreetmap.org; Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Wednesday, June 15, 2011 2:30 AM Subject:

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

2011-06-15 Thread David Groom
- Original Message - From: Ben Last ben.l...@nearmap.com To: David Groom revi...@pacific-rim.net; OSM Australian Talk List talk...@openstreetmap.org; Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Thursday, June 16, 2011 12:48 AM Subject: Re: [talk-au]