[OSM-legal-talk] Copyright Assignment and ability to sue

2010-01-12 Thread Ed Avis
Gervase Markham gerv-gm...@... writes: From the Contributor Terms: You hereby grant to OSMF and any party that receives Your Contents a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to do any act that is restricted by copyright over anything within the Contents, whether

Re: [OSM-legal-talk] Copyright Assignment and ability to sue

2010-01-12 Thread Francis Davey
2010/1/12 Ed Avis e...@waniasset.com: That is an interesting point. If map data is covered by copyright, then without copyright assignment the ability of the OSMF to enforce share-alike is weakened. As I've observed OSMF cannot enforce share-alike under the existing contributor terms because

Re: [OSM-legal-talk] Copyright Assignment

2010-01-09 Thread Ulf Möller
80n schrieb: CC-BY-SA doesn't require contribution back but it does *permit* contribution back. That's an important distinction. We're currently working on the assuption that you can comply with CC-BY-SA by giving attribution to the OpenStreetMap contributors. That assumption is no longer

Re: [OSM-legal-talk] Copyright Assignment

2010-01-09 Thread 80n
On Sat, Jan 9, 2010 at 3:16 PM, Ulf Möller o...@ulfm.de wrote: 80n schrieb: CC-BY-SA doesn't require contribution back but it does *permit* contribution back. That's an important distinction. We're currently working on the assuption that you can comply with CC-BY-SA by giving

Re: [OSM-legal-talk] Copyright Assignment

2010-01-09 Thread Ulf Möller
80n schrieb: Attribution is dealt with by entries on this page: http://wiki.openstreetmap.org/wiki/Attribution I suppose that's ok for OSMF itself. But if someone wants to use an OSM map in a book or a flyer, are they expected to include that wiki page?

Re: [OSM-legal-talk] Copyright Assignment

2010-01-09 Thread 80n
On Sat, Jan 9, 2010 at 5:36 PM, Ulf Möller o...@ulfm.de wrote: 80n schrieb: Attribution is dealt with by entries on this page: http://wiki.openstreetmap.org/wiki/Attribution I suppose that's ok for OSMF itself. But if someone wants to use an OSM map in a book or a flyer, are they

Re: [OSM-legal-talk] Copyright Assignment

2010-01-06 Thread Frederik Ramm
Hi, Simon Ward wrote: On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Unless you're willing sign something that says I agree that OSMF will make two attempts to contact me at my registered e-mail address with information on how to vote on an upcoming license change

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread 80n
On Tue, Jan 5, 2010 at 5:08 AM, Anthony o...@inbox.org wrote: Although, for the most part, CC-BY-SA does have roughly the same effect in all jurisdictions. You can do whatever you want with the geodata, so long as you don't legally restrict others from using the geodata you add. In

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Tue, Jan 05, 2010 at 07:24:47PM +, 80n wrote: Any share-however-you-like license has the properties you describe. We're talking about share-alike here. It may suit you, as a consumer of OSM data, to not give a damn about contributing back to the project, but that's not what OSM is

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Tue, Jan 05, 2010 at 07:33:44PM +, Rob Myers wrote: back, and that having changed licences once it's important that OSM be able to change/upgrade/whatever the licence in the future I believe the contributor terms are too broad. I answered the poll in favour of moving to the ODbL, but

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Tue, Jan 5, 2010 at 9:24 PM, Simon Ward si...@bleah.co.uk wrote: The upgrade clause in the ODbL should be sufficient for any future licensing, and if the change is away from that, I expect as a contributor to be consulted about it. any change away from that must be chosen by a vote of the

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 12:03:51AM +, Matt Amos wrote: any change away from that must be chosen by a vote of the OSMF membership and approved by at least a majority vote of active contributors. if you want to be consulted about any future licensing change, just join OSMF or continue to

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 12:03:51AM +, Matt Amos wrote: any change away from that must be chosen by a vote of the OSMF membership and approved by at least a majority vote of active contributors. I also think the definition of an active contributor is too narrow. I actually think it should

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Matt Amos
On Wed, Jan 6, 2010 at 12:41 AM, Simon Ward si...@bleah.co.uk wrote: On Wed, Jan 06, 2010 at 12:21:41AM +, Matt Amos wrote: It may suit you, as a consumer of OSM data, to not give a damn about contributing back to the project, but that's not what OSM is about. i'm both a producer and a

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Frederik Ramm
Hi, Simon Ward wrote: I also think the definition of an active contributor is too narrow. I actually think it should be scrapped completely, because it doesn’t matter whether somebody isn’t active any more. Oh yes it does, because if someone isn't active any more it will become harder and

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Oh yes it does, because if someone isn't active any more it will become harder and harder to get an opinion out of him. Someone who is not active any more will often have lost interest or lost his life, that's why, while

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Oh yes it does, because if someone isn't active any more it will become harder and harder to get an opinion out of him. Someone who is not active any more will often have lost interest or lost his life, that's why, while

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Unless you're willing sign something that says I agree that OSMF will make two attempts to contact me at my registered e-mail address with information on how to vote on an upcoming license change suggestion, and if I don't react

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Henk Hoff
Anthony schreef: You grant everyone the right to do anything. You're effectively releasing your content into the public domain. And since OSMF are using a broad non-exclusive licence on the database, and you are arguign that for an individual to do this effectively gives

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Francis Davey
2010/1/4 Anthony o...@inbox.org: Hence not copyright assignment, but basically the same thing.  You give up the right to sue, and the OSMF gets the right to sue. I hope its OK if I butt in here. I'm not a proper OSMF person, just an interested lawyer who reads your list. However I think your

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What OSMF _may_ get is a database right in all the bits of contribution that they get from contributors. I say _may_ because database right is not a straightforward. Its quite possible they won't have such a right, but

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Matt Amos
On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would be acceptable? The current situation is acceptable.  We all grant a license to everyone under CC-BY-SA. which ranges from being basically PD in some

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Mon, Jan 4, 2010 at 11:45 PM, Matt Amos zerebub...@gmail.com wrote: On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would be acceptable? The current situation is acceptable. We all grant a

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Tue, Jan 5, 2010 at 12:02 AM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 11:45 PM, Matt Amos zerebub...@gmail.com wrote: On Mon, Jan 4, 2010 at 11:25 PM, Anthony o...@inbox.org wrote: On Mon, Jan 4, 2010 at 6:07 PM, Francis Davey fjm...@gmail.com wrote: What would be

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread andrzej zaborowski
2010/1/5 Francis Davey fjm...@gmail.com: 2010/1/4 Anthony o...@inbox.org: Hence not copyright assignment, but basically the same thing.  You give up the right to sue, and the OSMF gets the right to sue. ... Now *that* is very much not an assignment of copyright. The difference (and the

Re: [OSM-legal-talk] Copyright Assignment

2010-01-04 Thread Anthony
On Tue, Jan 5, 2010 at 1:02 AM, andrzej zaborowski balr...@gmail.comwrote: 2010/1/5 Francis Davey fjm...@gmail.com: 2010/1/4 Anthony o...@inbox.org: Hence not copyright assignment, but basically the same thing. You give up the right to sue, and the OSMF gets the right to sue. ...

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Anthony
On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires in the current draft is for you to effectively give up your copyright altogether. OSMF then copyrights the database as a

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Rob Myers
On 01/01/10 17:40, Anthony wrote: On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires in the current draft is for you to effectively give up your copyright

Re: [OSM-legal-talk] Copyright Assignment

2010-01-01 Thread Anthony
On Fri, Jan 1, 2010 at 12:59 PM, Rob Myers r...@robmyers.org wrote: On 01/01/10 17:40, Anthony wrote: On Fri, Jan 1, 2010 at 11:53 AM, Rob Myers r...@robmyers.org wrote: But OSM does not require copyright assignment, so it is not *directly* relevant. What OSMF requires in the

Re: [OSM-legal-talk] Copyright Assignment

2009-12-30 Thread Liz
On Sun, 27 Dec 2009, Gervase Markham wrote: The new Contributor Terms contain the equivalent of a joint copyright assignment to the OSMF. That makes this recent article by Michael Meeks on copyright assignment in free software very relevant:

[OSM-legal-talk] Copyright Assignment

2009-12-26 Thread Gervase Markham
The new Contributor Terms contain the equivalent of a joint copyright assignment to the OSMF. That makes this recent article by Michael Meeks on copyright assignment in free software very relevant: http://www.gnome.org/~michael/blog/copyright-assignment.html Of course, not all of the pros and

Re: [OSM-legal-talk] Copyright Assignment

2009-12-26 Thread jamesmikedup...@googlemail.com
One issue is that copyright assignment does not work in europe, the fsfe has worked on some of these issues. http://www.fsfe.org/projects/ftf/fla.en.html see also : http://lwn.net/Articles/359013/ This is how coding/etc. for money works in Europe too -- you retain your moral rights, but your

Re: [OSM-legal-talk] Copyright Assignment

2009-12-26 Thread Frederik Ramm
Hi, Gervase Markham wrote: The new Contributor Terms contain the equivalent of a joint copyright assignment to the OSMF. You have said that multiple times already, but I - and, it seems, others - don't view it that way. You do not assign copyright to OSMF; you only grant them a license to

Re: [OSM-legal-talk] Copyright Assignment

2009-12-26 Thread Anthony
On Sat, Dec 26, 2009 at 1:30 PM, Frederik Ramm frede...@remote.org wrote: Gervase Markham wrote: The new Contributor Terms contain the equivalent of a joint copyright assignment to the OSMF. You have said that multiple times already, but I - and, it seems, others - don't view it that way.

Re: [OSM-legal-talk] Copyright Assignment

2009-12-26 Thread Frederik Ramm
Hi, Anthony wrote: Where is the actual legal phrasing of this license to sublicense? In the paragraph just below the actual legal phrasing of the copyright assignment! Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09 E008°23'33