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

2014-04-21 Thread Luis Villa
On Sat, Apr 19, 2014 at 1:39 PM, Paul Norman penor...@mac.com wrote:

 If they want to release it under public domain they should just stick a
 CC0 or PDDL license on it. This would be far simpler than trying to figure
 out how a grant of rights to a third-party organization affects us, and
 would allow the use of the data by anyone, including Wikipedia, without any
 further work.


To be clear, I don't think going through OTRS makes a lot of sense in this
specific case. But let me explain what OTRS is (not a grant of rights to a
third-party!), and why an approach like OTRS's could be useful for OSM to
think about in the future.

OTRS's process is for *recording* a *public* license. If you submit
material to OTRS through the process, what you're doing is explicitly
stating, in a binding format, that you've agreed to publish the material
under a public license. (Usually CC BY-SA, but no reason it couldn't CC0 or
similar PD waiver.) It is not a grant to Wikimedia specifically. Our role
is to keep the paperwork, so that if someone changes their mind later we
can say no, you made this grant; the grant was to the public, not just us;
and it was irrevocable.  Assuming a compatible license (like CC0) other
people/groups, like OSM, should be able to rely on the statement about the
license.

This process tends to be used in the Wikipedia community primarily when
there is some concern that the rights grant might not be genuine or
well-understood. An example is when a celebrity wants to grant us rights to
use their picture. The celebrity may not understand what they are giving up
- that the license is to the public, global, irrevocable, etc. And they may
not have other public means (like a website with licensing information) to
make a binding promise through. So instead of them just saying off-the-cuff
yeah, sure, do whatever you want, we get them on the record that they are
placing the picture under CC BY-SA. This protects both us and further
downstream users (which, again, could include OSM when the statement is
about a compatible license).

The reason this might be relevant for OSM is that a similar process might
be useful for governments and other big data donors. Ideally you want them
to make a clear promise to the world on their website - the license for
data X is Y. But if for some reason they can't do that, there is a
difference between a low-level bureaucrat saying yeah, sure, do whatever
you want and the relevant bosses, lawyers, legislatures, etc. signing off
and really agreeing to ODBL/CC0/etc. in a binding manner that the OSM
community can rely on.

I thought OSM already had such a process, but I don't see any mention of it
in this thread, so I must be confusing it with something else.

Hope that helps-
Luis




 *From:* Mike Dupont [mailto:jamesmikedup...@googlemail.com]
 *Sent:* Saturday, April 19, 2014 1:10 PM
 *To:* Stephan Knauss

 *Cc:* Licensing and other legal discussions.
 *Subject:* Re: [OSM-legal-talk] Review of IndianaMap as potential
 datasource



 Oh i almost forgot. Well look, they could use the otrs for marking it as
 public domain. I am sure you can modify the otrs text to include a special
 text for osm as well.
 https://commons.wikimedia.org/wiki/Commons:Email_templates


 so just add in the osm text as well as the creative commons. make it multi
 licensed.

 you might want to send them things about open public data initiatives :
 http://sunlightfoundation.com/opendataguidelines/
 http://project-open-data.github.io/
 http://wiki.civiccommons.org/Open_Data_Policy

   mike



 On Sat, Apr 19, 2014 at 1:15 PM, Stephan Knauss o...@stephans-server.de
 wrote:

 If the data is creative commons we can't use it. We can't neither fulfill
 the attribution nor is it compatible with the contributor terms which
 allows changing the license.

 Stephan



 On April 19, 2014 5:19:54 PM CEST, Mike Dupont 
 jamesmikedup...@googlemail.com wrote:



 On Fri, Apr 18, 2014 at 8:00 PM, Richard Weait rich...@weait.com wrote:

 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.



 If wikipedia is granted rights, it is not exclusive, if the data is under
 a public domain or creative commons then osm can use it. There is no data
 on wikipedia except fair use pictures that cannot be used in osm.

 mike





 --
 James Michael DuPont
 Member of Free Libre Open Source Software Kosova http://www.flossk.org
 Saving Wikipedia(tm) articles from deletion
 http://SpeedyDeletion.wikia.com
 Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3

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-- 
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Wikimedia Foundation
415.839.6885 ext. 6810

NOTICE: *This message may be confidential or legally privileged. If you

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

2014-04-19 Thread Mike Dupont
On Fri, Apr 18, 2014 at 8:00 PM, Richard Weait rich...@weait.com wrote:

 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.


If wikipedia is granted rights, it is not exclusive, if the data is under a
public domain or creative commons then osm can use it. There is no data on
wikipedia except fair use pictures that cannot be used in osm.

mike


-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://www.flossk.org
Saving Wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3
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Re: [OSM-legal-talk] Review of IndianaMap as potential datasource

2014-04-19 Thread Stephan Knauss
If the data is creative commons we can't use it. We can't neither fulfill the 
attribution nor is it compatible with the contributor terms which allows 
changing the license. 

Stephan 

On April 19, 2014 5:19:54 PM CEST, Mike Dupont jamesmikedup...@googlemail.com 
wrote:
On Fri, Apr 18, 2014 at 8:00 PM, Richard Weait rich...@weait.com
wrote:

 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.


If wikipedia is granted rights, it is not exclusive, if the data is
under a
public domain or creative commons then osm can use it. There is no data
on
wikipedia except fair use pictures that cannot be used in osm.

mike


-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://www.flossk.org
Saving Wikipedia(tm) articles from deletion
http://SpeedyDeletion.wikia.com
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3




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

2014-04-19 Thread Mike Dupont
Oh i almost forgot. Well look, they could use the otrs for marking it as
public domain. I am sure you can modify the otrs text to include a special
text for osm as well.
https://commons.wikimedia.org/wiki/Commons:Email_templates

so just add in the osm text as well as the creative commons. make it multi
licensed.

you might want to send them things about open public data initiatives :
http://sunlightfoundation.com/opendataguidelines/
http://project-open-data.github.io/
http://wiki.civiccommons.org/Open_Data_Policy

  mike


On Sat, Apr 19, 2014 at 1:15 PM, Stephan Knauss o...@stephans-server.dewrote:

 If the data is creative commons we can't use it. We can't neither fulfill
 the attribution nor is it compatible with the contributor terms which
 allows changing the license.

 Stephan

 On April 19, 2014 5:19:54 PM CEST, Mike Dupont 
 jamesmikedup...@googlemail.com wrote:


 On Fri, Apr 18, 2014 at 8:00 PM, Richard Weait rich...@weait.com wrote:

 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.


 If wikipedia is granted rights, it is not exclusive, if the data is under
 a public domain or creative commons then osm can use it. There is no data
 on wikipedia except fair use pictures that cannot be used in osm.

 mike




-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://www.flossk.org
Saving Wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3
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Re: [OSM-legal-talk] Review of IndianaMap as potential datasource

2014-04-19 Thread Paul Norman
If they want to release it under public domain they should just stick a CC0
or PDDL license on it. This would be far simpler than trying to figure out
how a grant of rights to a third-party organization affects us, and would
allow the use of the data by anyone, including Wikipedia, without any
further work.

 

From: Mike Dupont [mailto:jamesmikedup...@googlemail.com] 
Sent: Saturday, April 19, 2014 1:10 PM
To: Stephan Knauss
Cc: Licensing and other legal discussions.
Subject: Re: [OSM-legal-talk] Review of IndianaMap as potential datasource

 

Oh i almost forgot. Well look, they could use the otrs for marking it as
public domain. I am sure you can modify the otrs text to include a special
text for osm as well.
https://commons.wikimedia.org/wiki/Commons:Email_templates

so just add in the osm text as well as the creative commons. make it multi
licensed. 

you might want to send them things about open public data initiatives :
http://sunlightfoundation.com/opendataguidelines/
http://project-open-data.github.io/
http://wiki.civiccommons.org/Open_Data_Policy

  mike

 

On Sat, Apr 19, 2014 at 1:15 PM, Stephan Knauss o...@stephans-server.de
wrote:

If the data is creative commons we can't use it. We can't neither fulfill
the attribution nor is it compatible with the contributor terms which allows
changing the license. 

Stephan 

 

On April 19, 2014 5:19:54 PM CEST, Mike Dupont
jamesmikedup...@googlemail.com wrote:

 

On Fri, Apr 18, 2014 at 8:00 PM, Richard Weait rich...@weait.com wrote:

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.

 

If wikipedia is granted rights, it is not exclusive, if the data is under a
public domain or creative commons then osm can use it. There is no data on
wikipedia except fair use pictures that cannot be used in osm. 

mike







-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://www.flossk.org
Saving Wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3

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

2014-04-18 Thread Eric Jiang
Greetings,
I am interested in better data for Indiana, USA, and would like to
have someone else double-check that there are no legal/policy issues
with using GIS data from IndianaMap[1] in OSM. I talked to one of
their employees over the phone, and he said that the data is
completely public, with no usage or attribution requirements or
restrictions, and specifically confirmed that using it in OSM is OK.
Terms on the metadata for what I'm interested in seem to say the
same[2].

Basically, I want to get a confirmation from more experienced OSM
contributors before I explore the feasibility of importing any of this
data. There might be general issues that I'm not aware of yet.

[1] http://www.indianamap.org/resources.php
[2] http://maps.indiana.edu/metadata/Reference/Land_Parcels_County_IDHS.html

Thanks!
-- 
Eric Jiang, DoubleMap
Suite 300W | 748 E. Bates Street | Indianapolis, IN 46202
www.doublemap.com | Office +1(855) 463-6655

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

2014-04-18 Thread Mike Dupont
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.


On Fri, Apr 18, 2014 at 10:01 AM, Eric Jiang e...@doublemap.com wrote:

 Greetings,
 I am interested in better data for Indiana, USA, and would like to
 have someone else double-check that there are no legal/policy issues
 with using GIS data from IndianaMap[1] in OSM. I talked to one of
 their employees over the phone, and he said that the data is
 completely public, with no usage or attribution requirements or
 restrictions, and specifically confirmed that using it in OSM is OK.
 Terms on the metadata for what I'm interested in seem to say the
 same[2].

 Basically, I want to get a confirmation from more experienced OSM
 contributors before I explore the feasibility of importing any of this
 data. There might be general issues that I'm not aware of yet.

 [1] http://www.indianamap.org/resources.php
 [2]
 http://maps.indiana.edu/metadata/Reference/Land_Parcels_County_IDHS.html

 Thanks!
 --
 Eric Jiang, DoubleMap
 Suite 300W | 748 E. Bates Street | Indianapolis, IN 46202
 www.doublemap.com | Office +1(855) 463-6655

 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 https://lists.openstreetmap.org/listinfo/legal-talk




-- 
James Michael DuPont
Member of Free Libre Open Source Software Kosova http://www.flossk.org
Saving Wikipedia(tm) articles from deletion http://SpeedyDeletion.wikia.com
Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3
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Re: [OSM-legal-talk] Review of IndianaMap as potential datasource

2014-04-18 Thread Luis Villa
On Fri, Apr 18, 2014 at 10:02 AM, 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.


I'm not aware of data donations being made through OTRS. Not impossible to
do, of course, but it would have to be done carefully if it were actually
going to be useful for both Wikidata and OSM (given the licensing
differences).

Lydia, do you know of any cases where contributions have been made through
OTRS to Wikidata?

[I thought OSM already had a procedure for this, but I couldn't find it, so
I thought I'd reply to clarify that our process may or may not be enough.]

Luis



 On Fri, Apr 18, 2014 at 10:01 AM, Eric Jiang e...@doublemap.com wrote:

 Greetings,
 I am interested in better data for Indiana, USA, and would like to
 have someone else double-check that there are no legal/policy issues
 with using GIS data from IndianaMap[1] in OSM. I talked to one of
 their employees over the phone, and he said that the data is
 completely public, with no usage or attribution requirements or
 restrictions, and specifically confirmed that using it in OSM is OK.
 Terms on the metadata for what I'm interested in seem to say the
 same[2].

 Basically, I want to get a confirmation from more experienced OSM
 contributors before I explore the feasibility of importing any of this
 data. There might be general issues that I'm not aware of yet.

 [1] http://www.indianamap.org/resources.php
 [2]
 http://maps.indiana.edu/metadata/Reference/Land_Parcels_County_IDHS.html

 Thanks!
 --
 Eric Jiang, DoubleMap
 Suite 300W | 748 E. Bates Street | Indianapolis, IN 46202
 www.doublemap.com | Office +1(855) 463-6655

 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 https://lists.openstreetmap.org/listinfo/legal-talk




 --
 James Michael DuPont
 Member of Free Libre Open Source Software Kosova http://www.flossk.org
 Saving Wikipedia(tm) articles from deletion
 http://SpeedyDeletion.wikia.com
 Mozilla Rep https://reps.mozilla.org/u/h4ck3rm1k3

 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 https://lists.openstreetmap.org/listinfo/legal-talk




-- 
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

NOTICE: *This message may be confidential or legally privileged. If you
have received it by accident, please delete it and let us know about the
mistake. As an attorney for the Wikimedia Foundation, for legal/ethical
reasons I cannot give legal advice to, or serve as a lawyer for, community
members, volunteers, or staff members in their personal capacity.*
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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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