Re: [OSM-legal-talk] [SNCF] OSM extension for Power BI

2019-04-03 Thread Mateusz Konieczny
See https://operations.osmfoundation.org/policies/tiles/ Apr 3, 2019, 12:22 PM by ext.sogeti.grant.ba...@sncf.fr: > > Hello, > > >   > > > I work for the SNCF which is the French railway company and we’ve been > working on an OSM extension for Microsoft’s Power BI. Since a public OSM >

[OSM-legal-talk] How to stop violation of OSM copyright by Mapbox?

2019-03-03 Thread Mateusz Konieczny
Note that in this I focus specifically on Mapbox, but they are not unique in repeatedly "forgetting" to properly attribute OSM while prominently featuring their own logo. For start I would be thankful for fact check - are facts that I listed below actually facts or are hilarious misrepresentation

Re: [OSM-legal-talk] How to get geolocation without problem into Wikidata

2019-05-17 Thread Mateusz Konieczny
In general, you can not do this as Wikidata is CC0 and OSM is not. In some special situation it may possible but "guideline for them and each Wikidata editor" makes it impossible. 14 May 2019, 02:46 by higa...@gmail.com: > I wanted to tell Wikidata community in Japan how to get geolocation >

Re: [OSM-legal-talk] Proposal for a revision of JA:Available Data

2019-07-05 Thread Mateusz Konieczny
5 Jul 2019, 11:39 by yumean1...@gmail.com: > because it would be unfair if websites of small business are allowed and > those of large comanies are not.  > I am guessing that it is also OK for large companies - but this is based on common sense that often fails for copyright. Though I

Re: [OSM-legal-talk] Proposal for a revision of JA:Available Data

2019-07-05 Thread Mateusz Konieczny
5 Jul 2019, 16:21 by yumean1...@gmail.com: > Both of you are saying that factual data such as opening_hours, phone numbers > or addresses require no investiment  > and thus they are not protected by the database rights. Am I right? > it seems to me that (I am no a lawyer etc) that it depends:

Re: [OSM-legal-talk] Proposal for a revision of JA:Available Data

2019-07-05 Thread Mateusz Konieczny
5 Jul 2019, 05:22 by yumean1...@gmail.com: > The main point at issue is whether we are allowed to use official websites > that provide primary information or not. > Some of us think that we can use data from official websites unless it is > prohibited by their term of service. > I am not a

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-05 Thread Mateusz Konieczny
5 Jul 2019, 22:16 by muramototom...@gmail.com: > Thanks everyone. > > I ask a simple question. May I copy the information of the TESCO Boston > Superstore to OSM? > https://www.tesco.com/store-locator/uk/?bid=2108 > > > This website contains

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-12 Thread Mateusz Konieczny
9 Jul 2019, 09:03 by muramototom...@gmail.com: > Assume that TESCO has published the shop data under the CC BY license. Then > can I use that data for OSM? > I think that data is not available because CC BY license is incompatible with > ODbL as OSMF has stated. >

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-12 Thread Mateusz Konieczny
11 Jul 2019, 22:48 by dieterdre...@gmail.com: > It’s more likely they would pay you for this than sue you. > Note that it is perspective that we should use during using external data. Using data on incompatible license is still utterly unacceptable, even in cases where suing is not going to

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-13 Thread Mateusz Konieczny
13 Dec 2019, 09:48 by frede...@remote.org: > I end up with a database of "streets that have at least one pub". This > database does not include OSM data. > > In my eyes, though, it is still *derived* from OSM data. It is the > result of an algorithmic process that has made use of OSM data; if

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-13 Thread Mateusz Konieczny
12 Dec 2019, 23:40 by legal-talk@openstreetmap.org: > No, ODbL does not apply to any database that does not include OSM data. It is true but misleading to mention here as this database contains transformed OSM data. > Can I use OSM data and OpenStreetMap-derived maps to verify my own data

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-13 Thread Mateusz Konieczny
13 Dec 2019, 19:28 by legal-talk@openstreetmap.org: > Hi Frederik, > > Here's why I disagree. The meaning of "derived" in a colloquial sense and the > definition of "Derivative Database" are not the same. > While colloquially, it may be fair to interpret "derived" as "made from" or > "could

[OSM-legal-talk] reviewing matkoniecz/illegal-use-of-OpenStreetMap

2019-11-27 Thread Mateusz Konieczny
In case that someone has a bit of a free time - can you look at https://github.com/matkoniecz/illegal-use-of-OpenStreetMap whatever there are some mistakes there? I want to document some eggregious cases of using OpenStreetMap without required attribution. But I am not a lawyer and not a native

[OSM-legal-talk] I added MAPS.ME to list of entities using OSM data illegally (without proper attribution)

2019-10-08 Thread Mateusz Konieczny
current situation is a clear violation of the ODBL license > > You must include a notice associated with > the Produced Work reasonably calculated to make any Person that uses, > views, accesses, interacts with, or is otherwise exposed to the Produced > Work aware that Content was obtained from

Re: [OSM-legal-talk] [OSM-talk] I added MAPS.ME to list of entities using OSM data illegally (without proper attribution)

2019-10-08 Thread Mateusz Konieczny
8 Oct 2019, 20:36 by nunocapelocalde...@gmail.com: > Up until they got contacted by OSMF to fix the attribution, nothing will > happen and won't comply. They do not reply or give lazy excuses when a > contributor approaches them>   > This seems remarkably optimistic, I expect that

Re: [OSM-legal-talk] Use of OSM as a background - derivative data

2019-12-21 Thread Mateusz Konieczny
21 Dec 2019, 00:10 by list-osm-legal-t...@cyclestreets.net: > A website has been built that overlays the TfL CID data on top of a map base, > currently OpenStreetMap. Volunteers are visiting locations to verify that the > infrastructure has been correctly entered and still exists. Where new >

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-21 Thread Mateusz Konieczny
20 Dec 2019, 17:03 by michal.pale...@freemap.sk: > my rule of thumb proposal (from a long time age) was > "1 day work of a semi experienced mapper" > > (which would take into account availability of aerial photos or other > sources to import) > As in "output of mapping for entire day" or

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-19 Thread Mateusz Konieczny
20 Dec 2019, 01:13 by dieterdre...@gmail.com: > > > sent from a phone > >> On 20. Dec 2019, at 00:16, Kathleen Lu via legal-talk >> wrote: >> >> This is not what the Substantial Guideline says. It says that fewer than 100 >> features is "not Substantial". It also gives as an example "More

Re: [OSM-legal-talk] Legal regulation of the use of OSM data

2020-03-14 Thread Mateusz Konieczny via legal-talk
Not a lawyer, but I will try to answer obvious ones. Mar 12, 2020, 16:54 by legal-talk@openstreetmap.org: > Hello, everybody! >   > Please deal with the issue of legal regulation of OSM data. >   > If we collect data from your API in XML format or perhaps directly from the > front of the API in

Re: [OSM-legal-talk] Import licensing waiver

2020-10-09 Thread Mateusz Konieczny via legal-talk
But license is still needed, right? Or is it OK to interpret "Agency has no objections" as "sounds like CC0" (I would not do this but maybe...)? Oct 9, 2020, 20:40 by legal-talk@openstreetmap.org: > Yes, it's fine. That is simply a disclaimer, not a limitation on use. > > On Fri, Oct 9, 2020

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Mateusz Konieczny via legal-talk
Sep 23, 2020, 12:18 by ajt1...@gmail.com: > On 23/09/2020 08:49, GITNE wrote: > >> Unfortunately, no. I do not use Slack. So, I cannot provide a specific link >> or >> something. What I know is that @SomeoneElse reported that Slack has an >> automated >> feed which pulls changesets comments

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Mateusz Konieczny via legal-talk
Sep 23, 2020, 15:16 by gi...@gmx.de: > On 09/23/2020 at 01:16 PM Frederik Ramm wrote: > >> >> On 23.09.20 12:34, GITNE wrote: >> >>> (for profit) which presumably is not covered either by the ODbL >>> >> >> Assuming that the data is covered by ODbL, then "These rights explicitly >> include

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-22 Thread Mateusz Konieczny via legal-talk
Sep 22, 2020, 23:43 by gi...@gmx.de: > Hello OSMF Legal Team, > > due to a quite troubling revelation by @SomeoneElse that changeset comments > are > automatically republished by the third party private company Slack, I would > appreciate if you could share your legal assessment of this

Re: [OSM-legal-talk] Is "Licence Ouverte v2.0" OdbL compatible?

2020-09-21 Thread Mateusz Konieczny via legal-talk
Sep 21, 2020, 03:59 by legal-talk@openstreetmap.org: > Hello, > In New Caledonia we have some geo data available > https://data.gouv.nc/explore/?disjunctive.theme=explore.popularity_score > > The Licence of some of them is "Licence Ouverte v2.0" >

[OSM-legal-talk] Is listing at Contributors page qualifying as waiver for CC BY 4.0?

2020-10-23 Thread Mateusz Konieczny via legal-talk
Is "it is good enough for us to be named as the data owner here: http://wiki.openstreetmap.org/wiki/Contributors#Kartverket_.28Norwegian_Mapping_Authority.29 " (see http://lists.nuug.no/pipermail/kart/2014-August/004831.html for the original text) sufficient to solve problems of CC BY 4.0? As

Re: [OSM-legal-talk] Disclaimer regarding data in Virginia (US)?

2020-07-20 Thread Mateusz Konieczny via legal-talk
Jul 20, 2020, 20:35 by mwoehlke.fl...@gmail.com: > OSM surely incorporates data in Virginia which was not prepared by suitably > licensed entities (per > https://law.lis.virginia.gov/vacode/title54.1/chapter4/section54.1-402/). > > According to Virginia law, OSM must therefore display the

Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Mateusz Konieczny via legal-talk
14 Jul 2020, 11:37 by dieterdre...@gmail.com: > Can we guarantee that the contained information is not "misrepresented"? > No. ODBL has no such restrictions. Therefore OSM data can be used in  several evil or non-evil ways that would violate such clauses. Such data is incompatible with OSM

Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Mateusz Konieczny via legal-talk
14 Jul 2020, 14:54 by dieterdre...@gmail.com: > > > sent from a phone > > >> On 14. Jul 2020, at 12:40, Mateusz Konieczny via legal-talk >> wrote: >> >> Such data is incompatible with >> OSM requirements, must not be >> imported, must be

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-17 Thread Mateusz Konieczny via legal-talk
Jun 17, 2020, 10:19 by dieterdre...@gmail.com: > Am Di., 16. Juni 2020 um 16:00 Uhr schrieb Mateusz Konieczny via legal-talk > <> legal-talk@openstreetmap.org> >: > >> >> I opened deletion request for one of items at >> https://www.wikidata.org/wiki/Wi

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-16 Thread Mateusz Konieczny via legal-talk
Jun 16, 2020, 13:13 by dieterdre...@gmail.com: > I have noticed that people have been importing OSM data into wikidata. > It appears to be against advise of Wikimedia Foundation advise. See https://meta.wikimedia.org/wiki/Wikilegal/Database_Rights > Whenever possible, the best course is to

Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site

2020-12-02 Thread Mateusz Konieczny via legal-talk
Dec 2, 2020, 09:49 by nickw4...@gmail.com: > I have contacted the company asking them if it was OK to delete their > panoramas (as the content is arguably 'inappropritate' for a walking-oriented > site) nd they replied to me, in a friendly and cooperative way, saying they > would setup

Re: [OSM-legal-talk] How do I join the meeting tonight?

2020-12-10 Thread Mateusz Konieczny via legal-talk
Dec 10, 2020, 18:32 by bainton@gmail.com: > though can't see how to set up Push to Talk > big blue cog => audio input tab (selected by default) -> Transmission panel Change dropdown from "voice activity" to "Push to talk" Seems that it should work > The > wiki

Re: [OSM-legal-talk] Data Portal License CC0 1.0 and OpenStreetMap

2020-11-06 Thread Mateusz Konieczny via legal-talk
It is likely, but it should be evaluated. I mentioned it because sometimes people assume "CC0=can be imported" while it is definitely untrue: https://wiki.osmfoundation.org/wiki/Licence/Licence_Compatibility#CC0 Nov 6, 2020, 17:47 by pierz...@yahoo.fr: > 2020-10-06 , Mateusz Koniec

Re: [OSM-legal-talk] Data Portal License CC0 1.0 and OpenStreetMap

2020-11-06 Thread Mateusz Konieczny via legal-talk
See https://wiki.openstreetmap.org/wiki/Import/ODbL_Compatibility "License terms are compatible, but the licenser does not guarantee for it. 4c of the license explicitly states: "Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use