Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-23 Thread andrzej zaborowski
Hi,

On 23 October 2012 11:44, Frederik Ramm  wrote:
> ...
> During the license change discussion, my position was often this: Instead of
> trying to codify everything in watertight legalese, let's just make the data
> PD and write a human-readable "moral contract" that lists things we *expect*
> users to do, but don't *enforce*. - Maybe the same can be done with
> geocoding; we could agree on making no legal request for opening up any
> geodata, but at the same time make it very clear that we would consider it
> shameful for someone to exploit this in order to build any kind of "improved
> geocoding" without sharing back.

A related question is whether any agreement like that can be made
within the Contributor Terms.  With the thread about the Public Domain
OSM subset when someone said that the PD declaration had no "real
meaning" I asked myself what made that declaration different from
other license grants (I'm still not sure).  But a license, according
to Wikipedia, is an agreement not to sue under some conditions.  An
agreement not to sue under some conditions is a license.  But the OSMF
is bound by the Contributor Terms to only grant a subset of the two
licenses listed in the CT, in their specific versions.  So can it make
a statement declaring that it would not sue under some conditions
(e.g. use of the results of geocoding) and keep publishing data from
current contributions?

It can probably state that it understands the ODbL 1.0 license to
allow users to do this and that under given conditions, or to not
*apply* under some conditions in some jurisdiction (for example in
USA).  But this could also be abused by declaring something that is in
contrast with what OSM contributors think, an extreme case being a
statement that says that ODbL is effectively invalid, or that ODbL =
PDDL.  That could perhaps be treated as an agreement not to sue, i.e.
license.  So what kind of clarifications (if any) can the OSMF make
about the licenses?

As has been noted in the Public Domain subset thread, the contributors
can make license statement that they like, but the OSMF can still
enforce the database rights.  So a statement by the contributors (e.g.
on OSM wiki) that is not confirmed by the OSMF is not very helpful to
the end user.

Cheers

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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-23 Thread Kate Chapman
Hi Frederik,

On Tue, Oct 23, 2012 at 2:44 AM, Frederik Ramm  wrote:
> Hi,
>
>
> On 10/23/12 01:24, Alex Barth wrote:
>>
>
> Another question that we could ask to enlighten us is: What do commercial
> geocoding providers usually allow you to do once you have paid them? When
> you geocode a dataset with TomTom data and you pay them for that, do TomTom
> then still claim any rights about your resulting database, or do they say,
> like you sketched above, that "their license does not extend to the geocoded
> dataset"?
>
I think we need to separate the geocoding engine from the data to
answer this question. I worked for a company where we had geocoded a
huge amount of data (millions and millions of records) with one street
dataset. The dataset began to be too expensive and we looked for
another source. When we switched datasources we had to regeocoded all
the records because the original geocodes were derived from the
original commercial data source.

So essentially it was the lat/lons that were associated with the
original data, but not the address data we had input.

I'm unsure what would have happened to the corrected addresses the
geocoder fed back. We would have fed in the original data again.

-Kate

>
> Bye
> Frederik
>
> --
> Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"
>
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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-23 Thread Frederik Ramm

Hi,

On 10/23/12 01:24, Alex Barth wrote:

Say we clarified that geocoding a dataset with an OSM powered
geocoder (e. g. Nominatim) does not extend the ODbL license to such a
dataset. This clarification would not apply to the dataset that
actually powered the geo coder. So if I went and gathered improvement
suggestions of my users ("move the marker to the right position on
the map") and I added them into that OSM dataset that powers the
geocoder, this OSM dataset would still constitute a derivative DB.


That much is clear + agreed, but there will likely be a good business 
case for gathering improvement suggestions from your users and *not* 
adding them to the OSM dataset that powers the geocoder.


As I tried to say with the geocoder.ca example, even without actively 
involving the user - just recording what they typed - you can collect 
valuable information and improve your own geocoding database without 
necessarily adding the results to OSM; your collecting that information, 
however, can only start once you have a geocoder that basically works, 
i.e. OSM. So, for your particular use, the OSM geocoding capability is 
clearly essential - you could not start from nothing.


It is *possible* that something is essential and insubstantial at the 
same time, but it does sound a bit strange.


Another question that we could ask to enlighten us is: What do 
commercial geocoding providers usually allow you to do once you have 
paid them? When you geocode a dataset with TomTom data and you pay them 
for that, do TomTom then still claim any rights about your resulting 
database, or do they say, like you sketched above, that "their license 
does not extend to the geocoded dataset"?


I think that nobody in OSM actually expects users to share their 
customer or patient record just because it has been geocoded with OSM. 
But there is likely an expectation that any data someone might have that 
can help to *improve* geocoding should be shared back.


During the license change discussion, my position was often this: 
Instead of trying to codify everything in watertight legalese, let's 
just make the data PD and write a human-readable "moral contract" that 
lists things we *expect* users to do, but don't *enforce*. - Maybe the 
same can be done with geocoding; we could agree on making no legal 
request for opening up any geodata, but at the same time make it very 
clear that we would consider it shameful for someone to exploit this in 
order to build any kind of "improved geocoding" without sharing back.


(In today's world, a press release that goes "The OSMF foundation 
regrets to see company X violating OSM's moral code by doing Y" can be 
more powerful than legal threats anyway.)



In my mind there's much to be gained by giving
better incentives to contribute to OSM by clarifying the geocoding
situation and little to be lost by allowing narrow extracts of OSM.


The whole share-alike thing is about striking a balance between exposure 
(surely a public domain release would give us maximum exposure) and 
incentive to contribute back (the more open your license, the less you 
force people to contribute back).


Addresses seem to be a valuable part of OSM data. Could an extract of 
potentially millions of addresses really be "narrow"?



I
believe we can do this within the letter of the ODbL and within the
spirit of why the ODbL was adopted.


I think that to preserve the spirit we would have to find a way of 
saying "you can use our data to geocode your patient database and we 
don't want any of your patient data in return" while at the same time 
saying "if you devise anything to improve this geocoding on your side, 
or have additional data that can help improving the geocoding, then that 
falls under ODbL". I don't know if this can be done within the wriggle 
room that ODbL affords us but it is worth a try.



BTW, I don't want to know how many people out there have used
Nominatim for geocoding without having any idea...


Any JSON or XML result from Nominatim contains the explicit "Data (c) 
OpenStreetMap contributors, ODbL 1.0" and even the URL of the copyright 
page. I'm sure people are using that without having any idea - but 
that's the same everywhere. I have personally spoken to lots of people 
who casually said things like "then we ran that through Google's 
geocoding..."; OSM has even been offered, on several occasions, 
"donated" POI data where it later turned out that they had not surveyed 
the POI locations but just ran their addresses by a commercial geocoder 
and disregarded the license restrictions.


Bye
Frederik

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