Re: [OSM-legal-talk] [OSM-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Gervase Markham
Jordan S Hatcher wrote: I'd like to note that, just to clarify, factual data is generally not copyrightable, and so there would be nothing to assign. Why is it that we are assuming (and I'm not just saying this to Jordan) that the individual nodes and ways in OSM are factual data? I don't

Re: [OSM-legal-talk] Progressing OSM to a new dataLicence regime

2008-02-06 Thread Gervase Markham
Frederik Ramm wrote: If the contract is between OSM and the user, then Foo cannot sue Bar for breach of contract because they have no contract. (Can my business sue your business because you use a pirated copy of Microsoft Windows and thus have an unfair advantage? Unsure but don't

Re: [OSM-legal-talk] [OSM-talk] Progressing OSM to a new dataLicence regime

2008-02-07 Thread Gervase Markham
Robert (Jamie) Munro wrote: It's been proposed by me several times in the past. I think it's essential. I don't know of a similar major project that doesn't do some kind of assignment. Wikipedia is the nearest, but Wikipedia is a collection of articles that all stand on their own. Can you

Re: [OSM-legal-talk] Deconstructing the loss of data claim

2008-02-20 Thread Gervase Markham
A Morris wrote: Think of it more as watermarking One could also make a case for their being different levels of severity of watermark. A completely fictitious street is one thing; a fictitious wayside cross is another. Although I suppose, for the watermark to be effective, you would need to

Re: [OSM-legal-talk] Deconstructing the loss of data claim

2008-02-20 Thread Gervase Markham
A Morris wrote: Think of it more as watermarking One could also make a case for their being different levels of severity of watermark. A completely fictitious street is one thing; a fictitious wayside cross is another. Although I suppose, for the watermark to be effective, you would need to

Re: [OSM-legal-talk] Houses of cards

2008-02-21 Thread Gervase Markham
Frederik Ramm wrote: [1] even more theoretical aside: maybe we should dual-license to also say we'll sell you full non-exclusive rights to planet.osm for £5,000 a node ;) I have a feeling that Rob can't be bought. I'm pro-copyleft and I'd support this :-) It's clear it would be more money

Re: [OSM-legal-talk] transitive contracts

2008-02-22 Thread Gervase Markham
Frederik Ramm wrote: No comments on that by anyone? Rob, Gervase - you're the ones who are most outspoken about copyleft, would such a solution seem acceptable to you, or do you need copyleft to the bitter end? It's not to the bitter end; copyright restrictions fall off after 50 years or

Re: [OSM-legal-talk] License

2008-02-25 Thread Gervase Markham
[EMAIL PROTECTED] wrote: How can a community so focused on freedom, he asks, approve of any restrictions? This has a fairly simple answer: because such a community is focussed on maximising the total sum of freedom, distributed freedom and downstream freedom instead of maximising immediate

Re: [OSM-legal-talk] License

2008-02-25 Thread Gervase Markham
[EMAIL PROTECTED] wrote: How can a community so focused on freedom, he asks, approve of any restrictions? This has a fairly simple answer: because such a community is focussed on maximising the total sum of freedom, distributed freedom and downstream freedom instead of maximising immediate

Re: [OSM-legal-talk] Attribution

2008-04-07 Thread Gervase Markham
Michael Collinson wrote: I echo Tom's sentiment that www.openstreetmap.org/Attribution http://www.openstreetmap.org/Attribution would be a cleaner public link to present if possible. The shorter, the better (sometimes space is limited). So why not, with a small DNS change:

Re: [OSM-legal-talk] Fwd: OSM (Open Street Map) Creative Commons Licence 2.5 (CCL) versus GeoBase Unrestricted Use Licence Agreement (GeoBase licence)

2008-04-07 Thread Gervase Markham
Robin Paulson wrote: have i missed something? i thought osm used Creative Commons Attribution-ShareAlike 2.0 license not Creative Commons Share Alike 2.5 Licence http://wiki.openstreetmap.org/index.php/OpenStreetMap_License I assume the name difference was just loose wording; all recent CC

Re: [OSM-legal-talk] [OSM-talk] Users whose contributions are in the public domain

2008-05-06 Thread Gervase Markham
Frederik Ramm wrote: That's my problem as well. We are not much better than other owners of geodata. They say: 1. Geodata is very valuable and takes a lot of work to collect and those who do all the work should be the owners of the data and dictate under what rules it may be used; 2.

Re: [OSM-legal-talk] Please enable commercial use

2008-05-06 Thread Gervase Markham
Nathan Vander Wilt wrote: I am writing a geotagging application that I hope to sell. When I first found OSM, I was very excited for what I could use it for but as I've followed the discussions I've become a lot more concerned. While there are many users who want their work to be fully in

Re: [OSM-legal-talk] Please enable commercial use

2008-05-07 Thread Gervase Markham
Sebastian Spaeth wrote: If they say but I would really like to do X, if you give me in writing that I can do X I'll give you $10.000 and print OSM adverts on every GPS I sell, then we still cannot say it because we're not the owners of the data. In Linux that problem is solved by companies

Re: [OSM-legal-talk] Political Change

2008-05-11 Thread Gervase Markham
Jeffrey Martin wrote: Some lists want me to answer on the top and some on the bottom. Is this a bottom answer email list? Most email lists will accept the style where you answer below the thing you are commenting on, but trim it well so people don't have to page past loads of verbiage to get

Re: [OSM-legal-talk] CC Attribution Share Alike License with OSMF exception

2008-09-06 Thread Gervase Markham
Frederik Ramm wrote: People will ask how do you ensure that OSMF doesn't fall into evil hands, and you will start to invent boards of directors and boards of overseers and whatnot, and all these will have to be chosen by some kind of vote; then you'll have to define who may vote. But then

Re: [OSM-legal-talk] US local government data: negotiating license?

2008-10-06 Thread Gervase Markham
Mike Collinson wrote: A good general method is to flip things around, explain what you are going to do with the data and ask them to contact you by, say, the end of the month if the use does NOT meet their terms of use. I think that is both politically and legally extremely unwise. You can't

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

2009-03-07 Thread Gervase Markham
The question has been raised in these discussions about the ODbL's reverse-engineering provisions, and their compatibility or otherwise with share-alike licenses. Here is my analysis and suggestions. 1) The ODbL wishes to prevent people regenerating the Database from Produced Works. ODbL

Re: [OSM-legal-talk] License Telephone Debate

2009-03-15 Thread Gervase Markham
On 14/03/09 20:32, Ulf Möller wrote: OSFM is trying to get ODbL 1.0 in place as soon as possible and fix problems in version 1.1 later on. The difficulty with doing that is that people who are approached about relicensing their data might say no, because the licence is broken in ways X, Y and

Re: [OSM-legal-talk] QA with a lawyer

2009-05-13 Thread Gervase Markham
On 12/05/09 09:37, Frederik Ramm wrote: Claiming copyright on something where you are not reasonably sure of actually having it is, in my eyes, a FUD maneouvre worthy of players like the OS, but something that we should make an attempt to steer clear of. The way of avoiding it seeming to be

Re: [OSM-legal-talk] Privacy and Terms

2009-06-24 Thread Gervase Markham
On 24/06/09 06:56, SteveC wrote: http://wiki.openstreetmap.org/wiki/Privacy_Policy_-_Discussion_Draft The Mozilla project has a privacy policy which I would suggest is rather friendlier, while still being lawyer-approved - at least, US lawyers. I'm sure I could arrange for you to be able

Re: [OSM-legal-talk] Adding UK post box information

2009-07-01 Thread Gervase Markham
On 01/07/09 11:18, Ed Avis wrote: Can the manually located postboxes, based on OSM data and a list of postbox street locations from the Royal Mail, be added to OSM? Yes. But have you checked with Matthew Somerville, the author of that tool? AIUI it's already integrated with OSM. I did the

Re: [OSM-legal-talk] Adding UK post box information

2009-07-13 Thread Gervase Markham
On 08/07/09 12:13, Stephen Gower wrote: Actually, for what it's worth (probably very little) the very original file is provided as a PDF on the section of http://www.whatdotheyknow.com/request/location_of_every_post_box_that marked from Royal Mail Group and dated 13 June 2008. The only reason

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

2009-12-11 Thread Gervase Markham
On 09/12/09 09:48, Ed Avis wrote: A related question is that if a fork happened, could it then be merged back into the main OSM project? Just like any other ODbL contribution, this could only be done if the contributors signed the Contributor Terms, or the OSMF agreed to waive the signing of

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

2009-12-11 Thread Gervase Markham
On 08/12/09 15:14, andrzej zaborowski wrote: Right, so this is one thing that isn't being made so clear. It's been said multiple times that the ODbL transition in summary is the spirit of CC-By-SA taken and made into a proper license for a database. But actually it's the spirit of CC-By-SA +

[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] legal-talk mailing list archive is broken

2010-06-09 Thread Gervase Markham
On 08/06/10 14:58, Tom Hughes wrote: Can it be fixed? Nope. Wow, that really sucks. (Not your fault, of course.) Is there a bug on file with the mailing list manager software? URLs should be permanent, particularly to archives. As Frederik's situation points out, this could be really

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

2010-07-15 Thread Gervase Markham
On 15/07/10 03:27, Liz wrote: A majority of *contributors* have not voted, not even a majority of contributors who edited anything in the last year. Offering a vote to those who paid a fee in pounds or euros to belong to a particular organisation (OSMF) and ignoring the far larger group who were

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

2010-07-15 Thread Gervase Markham
On 12/07/10 16:52, Liz wrote: Now Gerv, what is your lower limit? for number of contributors overall? number of active contributors quantity of data? I do not accept that a decision can be made without the numbers being set *first*. OK, let's say we do what you say. I define my limits, you

Re: [OSM-legal-talk] tesco store location data

2012-11-27 Thread Gervase Markham
On 05/11/12 17:27, David Prime wrote: Now, my question is whether I should import this into OSM. Obviously the data is very useful (every store is categorised: metro, express, extra, etc) but the licencing situation is murky. Anyone want to weight in on whether I should do an import? I know