Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Ed Avis
Frederik Ramm frede...@... writes: That's one reason why I think a dual licence under both the proposed new licences and the existing CC-BY-SA is a good idea - because it provides a guarantee beyond doubt that all currently allowed uses of the map data will still be okay. For me, as a PD

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Rob Myers
On 11/22/2010 07:24 PM, Kevin Peat wrote: Are there any concrete examples of share-alike actually benefitting OSM? There's at least one major data contribution that came about because of BY-SA I believe. It seems like a good thing for software projects but for OSM I don't really see the

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Richard Fairhurst
. cheers Richard -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-Best-license-for-future-tiles-tp5747363p5762573.html Sent from the Legal Talk mailing list archive at Nabble.com. ___ legal-talk mailing list legal-t

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Ed Avis
Richard Fairhurst rich...@... writes: It's curious that two of the strongest defences of 'strong share-alike' come from yourself and Richard F. - but both of you prefer public domain. I, too, would prefer public domain over the ODbL. What's going on? Basically, OSM has several outspoken

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Kevin Peat
On 22 November 2010 18:32, Ed Avis e...@waniasset.com wrote: it was simply assumed right from the outset that share-alike is the 'consensus'... Are there any concrete examples of share-alike actually benefitting OSM? It seems like a good thing for software projects but for OSM I don't really

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread 80n
On Mon, Nov 22, 2010 at 6:32 PM, Ed Avis e...@waniasset.com wrote: Richard Fairhurst rich...@... writes: It's curious that two of the strongest defences of 'strong share-alike' come from yourself and Richard F. - but both of you prefer public domain. I, too, would prefer public domain over

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-22 Thread Frederik Ramm
Hi, Kevin Peat wrote: Are there any concrete examples of share-alike actually benefitting OSM? It seems like a good thing for software projects but for OSM I don't really see the benefit. One of the benefits massively touted by some Australian project members (but also, less loudly, by

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Rob Myers
On 11/18/2010 08:46 PM, andrzej zaborowski wrote: They can fairly be described as CC because you can exercise all the rights that the CC licence grants you over the CC-licenced work. When I'm given a set of tiles under a CC license (which disclaims the database rights in some versions), I

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Ed Avis
Anthony o...@... writes: So a license from, say, MapQuest, granting you permission to use the tiles under CC-BY-SA, only covers MapQuest's copyright, ...in which case, surely, we have the situation that in general, CC-BY-SA map tiles cannot be made from the OSM data, Well, depends on what you

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Ed Avis
Frederik Ramm frede...@... writes: One thing I should point out, though, is that the ODbL does not *say* you can make Produced Works and release them as CC-BY. I think it does, at least if taken together with DbCL as planned for OSM. As I understand it the DbCL only applies to the 'database

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 4:56 AM, Rob Myers r...@robmyers.org wrote: Since the data isn't covered by BY-SA, if I recreate the data it isn't covered by BY-SA. Is the data covered by ODbL? If you recreate the data is it covered by ODbL? ___ legal-talk

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Rob Myers
On 11/19/2010 11:22 AM, Ed Avis wrote: Anthonyo...@... writes: On the other hand, I'd say the tiles aren't *really* under CC-BY-SA, if the underlying data is subject to the ODbL. Right. (If your interpretation of the ODbL is correct - which others here disagree with.) At length. ;-) -

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Frederik Ramm
Anthony, On 11/19/10 14:38, Anthony wrote: If the latter, then no, it doesn't, in itself, allow you to make a produced work, because a produced work is made from a substantial extract of data. You know what? After the license change I'll make a few produced works that way and see if OSMF sue

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Ed Avis
Frederik Ramm frede...@... writes: If the latter, then no, it doesn't, in itself, allow you to make a produced work, because a produced work is made from a substantial extract of data. You know what? After the license change I'll make a few produced works that way and see if OSMF sue me. Sure

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Rob Myers
On 11/19/2010 01:43 PM, Anthony wrote: The ODbL does not *say* (i.e. contain the text) you can make Produced Works and release them as CC-BY. Combined with the DbCL it might be the case that you can do so, but the ODbL does not *say* you can do so. It contains, in combination with the DbCL,

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Rob Myers
On 11/19/2010 02:47 PM, Rob Myers wrote: So if what Christine O'Donnell^D^D^Dyou are saying is correct the ODbL doesn't allow you to make proprietary produced works either. And, while I have the text of BY-SA 2.0 generic open in front of me, I can't find any mention of the words map,

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread 80n
On Fri, Nov 19, 2010 at 2:56 PM, Rob Myers r...@robmyers.org wrote: On 11/19/2010 02:47 PM, Rob Myers wrote: So if what Christine O'Donnell^D^D^Dyou are saying is correct the ODbL doesn't allow you to make proprietary produced works either. And, while I have the text of BY-SA 2.0 generic

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 9:47 AM, Rob Myers r...@robmyers.org wrote: On 11/19/2010 01:43 PM, Anthony wrote:  The ODbL does not *say* (i.e. contain the text) you can make Produced Works and release them as CC-BY. Combined with the DbCL it might be the case that you can do so, but the ODbL does

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Anthony
On Fri, Nov 19, 2010 at 9:53 AM, Frederik Ramm frede...@remote.org wrote: For me, as a PD advocate, the more licenses you license the stuff under the better as it will combine the loopholes of every single one. If, however, you intend to protect our data by putting it under a share-alike

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Mike Linksvayer
On Fri, Nov 19, 2010 at 1:56 AM, Rob Myers r...@robmyers.org wrote: On 11/18/2010 08:46 PM, andrzej zaborowski wrote: They can fairly be described as CC because you can exercise all the rights that the CC licence grants you over the CC-licenced work. When I'm given a set of tiles under a

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-19 Thread Rob Myers
Oops. Sorry about that. :-( - rob Mike Linksvayer m...@creativecommons.org wrote: On Fri, Nov 19, 2010 at 1:56 AM, Rob Myers r...@robmyers.org wrote: On 11/18/2010 08:46 PM, andrzej zaborowski wrote: They can fairly be described as CC because you can exercise all the rights that the CC

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Francis Davey
On 18 November 2010 10:19, Ed Avis e...@waniasset.com wrote: That's what you say, and I hope it is true.  But others claim different things; some say that even once the work such as a printed map has been produced and distributed under CC-BY-SA or even CC0 terms, it is still tainted somehow,

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Ed Avis
Francis Davey fjm...@... writes: this is in my view one of the big problems with the licence: it's so vague and complicated that if you ask three people about what it permits you get four answers. One problem is that where there is no contractual relationship (as there wouldn't be further down

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Rob Myers
On 11/18/2010 10:19 AM, Ed Avis wrote: Rob Myersr...@... writes: Yes, this is one of the more unpleasant aspects of the licence, at least under some interpretations. It's allowed to make proprietary, all-rights-reserved map renderings, but if you want to produce a truly CC-licensed or public

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Ed Avis
Rob Myers r...@... writes: It's allowed to make proprietary, all-rights-reserved map renderings, but if you want to produce a truly CC-licensed or public domain one you can't. (This refers to the no-tracing restrictions; an attribution requirement is more reasonable.) If someone tries to

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Frederik Ramm
Hi, On 11/18/10 14:47, Richard Fairhurst wrote: (I believe that the reasonably calculated in 4.3 imposes a downstream requirement as part of this: in other words, you must require that attribution is preserved for adaptations of the Produced Work, otherwise you have not reasonably calculated

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 9:58 AM, Ed Avis e...@waniasset.com wrote: Richard Fairhurst rich...@... writes: Yes. ODbL is very clear that there's an attribution requirement (4.3). Yes, that's right, but I also wanted to ask about the other requirement that at times has been ascribed to the ODbL:

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 11:42 AM, Ed Avis e...@waniasset.com wrote: Rob Myers r...@... writes: It's enforcable for much the same reason that if you send ten of your friends a few seconds of a Lady Gaga song and they put them back together to make the original track, whether they realise it or not

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Ed Avis
Anthony o...@... writes: One thing I should point out, though, is that the ODbL does not *say* you can make Produced Works and release them as CC-BY. To the extent that you are allowed to offer a license on a Produced Work, that license only applies to *your contribution* to the Produced Work.

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Rob Myers
On 11/18/2010 05:25 PM, Ed Avis wrote: Rob Myersr...@... writes: We can produce a CC licenced set of map tiles from ODbL data. But we cannot use those to make a Lady Gaga score or the original ODbL database. Actually, you can use them to produce a Lady Gaga score, if you somehow managed to

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Rob Myers
On 11/18/2010 05:28 PM, Ed Avis wrote: Indeed, this is another point of contention where different people say different things about what the ODbL permits or does not permit. And it's not some abstract conundrum but part of the everyday business of the project - rendering data into map tiles

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 12:25 PM, Ed Avis e...@waniasset.com wrote: Exactly. And the copyright (or DB right) in the original data is an entirely separate issue. Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 12:58 PM, Rob Myers r...@robmyers.org wrote: On 11/18/2010 05:28 PM, Ed Avis wrote: Indeed, this is another point of contention where different people say different things about what the ODbL permits or does not permit.  And it's not some abstract conundrum but part

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Ed Avis
Rob Myers r...@... writes: The point is this. The CC text says that it grants you a copyright licence in the work. Well, not clearly. CC licences don't cover what they cannot. Yes - but the licence does cover copyright in the particular work that you received (in this case a printed map, say).

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Ed Avis
Anthony o...@... writes: Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest in the small bit of map you received As you have correctly pointed out with regard to the contributor terms, you aren't allowed to grant a

[OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Richard Bullock
Sure, the licence to the produced work. So how is a substantial portion of the original database structure and contents going to be accidentally recreated in this scenario? I don't think it will be possible to accidentally reverse engineer the DB, and if you intentionally reverse engineer it,

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread andrzej zaborowski
Hi, On 18 November 2010 17:30, Rob Myers r...@robmyers.org wrote: On 11/18/2010 02:58 PM, Ed Avis wrote: Yes, that's right, but I also wanted to ask about the other requirement that at times has been ascribed to the ODbL: that you cannot reverse-engineer the produced map tiles, so they

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Frederik Ramm
Martin, M?rtin Koppenhoefer wrote: But a map is (this might have to be looked at for the individual case) not only a work but can constitute a database at the same time. If you are able to reconstruct a database with substantial parts of the original database by re-engineering if from the map,

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 1:50 PM, Ed Avis e...@waniasset.com wrote: Anthony o...@... writes: Yes - it's quite separate - you do not receive any licence to the original data but you do get a licence to all copyright interest in the small bit of map you received As you have correctly pointed out

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Rob Myers
On 11/18/2010 01:32 PM, Ed Avis wrote: Rob Myersr...@... writes: It's allowed to make proprietary, all-rights-reserved map renderings, but if you want to produce a truly CC-licensed or public domain one you can't. (This refers to the no-tracing restrictions; an attribution requirement is

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Richard Fairhurst
.]... the Produced Work. At least one person disagrees with me here. :) ) cheers Richard -- View this message in context: http://gis.638310.n2.nabble.com/OSM-legal-talk-Best-license-for-future-tiles-tp5747363p5751683.html Sent from the Legal Talk mailing list archive at Nabble.com

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-18 Thread Anthony
On Thu, Nov 18, 2010 at 11:42 AM, Ed Avis e...@waniasset.com wrote: You would not imagine the record company saying on the one hand 'yes, you can make short clips of our music and release them as CC-BY' but on the other hand 'no, if you try to exercise the rights granted by the CC-BY licence

[OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Richard Weait
On Wed, Nov 17, 2010 at 6:19 AM, Ed Avis e...@waniasset.com wrote: As a side note, if using ODbL, why not make the tiles public domain? Indeed. But I think that you are right that this is a side note. Why not start that discussion on the wiki, or in a separate thread here? I've changed the

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Ed Avis
Richard Weait rich...@... writes: As a side note, if using ODbL, why not make the tiles public domain? What would be your preference for the future tile license? Ed, do you have a preferred future tile license? I don't think that is the important question. If the OSM project's licence says

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread M∡rtin Koppenhoefer
2010/11/17 Ed Avis e...@waniasset.com: I don't think a change to public domain licensing could cause any compatibility problem. PD but still with certain conditions respected: no re-engineering, attribution, etc. like requested by the OdbL? As far as I understand this, while the tiles

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Anthony
On Wed, Nov 17, 2010 at 2:30 PM, 80n 80n...@gmail.com wrote: On Wed, Nov 17, 2010 at 6:32 PM, Anthony o...@inbox.org wrote: On Wed, Nov 17, 2010 at 1:19 PM, 80n 80n...@gmail.com wrote: Anyone care to point to the language in ODbL that would stop someone tracing from a Produced Work? I

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread M∡rtin Koppenhoefer
2010/11/17 Matthias Julius li...@julius-net.net: On Wed, 17 Nov 2010 18:20:39 +0100, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: Btw: isn't a rendering a derived database as well? A database of pixels?  I would not regard a printed map as a database. And neither would I the electronic

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread Matthias Julius
M∡rtin Koppenhoefer dieterdre...@gmail.com writes: 2010/11/17 Matthias Julius li...@julius-net.net: On Wed, 17 Nov 2010 18:20:39 +0100, M∡rtin Koppenhoefer dieterdre...@gmail.com wrote: Btw: isn't a rendering a derived database as well? A database of pixels?  I would not regard a printed

Re: [OSM-legal-talk] Best license for future tiles?

2010-11-17 Thread 80n
The person doing the tracing is a lawful recipient of a cc-by-sa licensed work. It will have the correct ODbL attribution, but there will be no indication that they have any obligations to that license. The only license they have agreed to is cc-by-sa and that permits tracing. The producer of