Re: [OSM-legal-talk] Compliance timeline

2011-04-09 Thread Ed Avis
Frederik Ramm frederik@... writes:

The contributor terms create a situation where OSMF can actually make a 
reliable statement expressing the community interpretation of certain 
points of the license,

Thinking about it, I am not sure this is the case.  If the OSMF has an agreement
with mappers that it will distribute the map under a certain licence, that must
mean the accepted legal meaning of the licence, determined ultimately by the
courts.  It cannot mean the licence under whatever interpretation OSMF chooses.

If one mapper disagrees that the licence permits something, but the OSMF issues
a statement that it does, then one of the two is wrong (for a particular
jurisdiction).  And if the OSMF is the one that's wrong, then the OSMF is in
breach of its agreement with the mapper where it promised to use a particular
licence.

There's also the moral issue that changes or clarifications in interpretation of
the licence are effectively a change of licence, and should be agreed by the
community.

So, while giving the OSMF the ability to make definitive statements about the
intent or meaning or enforceability of the licence might be thought a good 
thing,
it would need to be explicitly stated in the CTs.  The current proposed 1.2
version doesn't.

-- 
Ed Avis e...@waniasset.com


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


Re: [OSM-legal-talk] [OSM-talk] Announcement: Add-tags a tool to connect OpenStreetMap Wikipedia

2011-04-09 Thread Frederik Ramm

Hi,

Kolossos wrote:
there is a new tool to bring more Wikipedia-Tags inside OSM-database and 
connect so both projects more and more. It can be found here:

http://wiki.openstreetmap.org/wiki/JOSM/Plugins/RemoteControl/Add-tags

It's the idea to use later this connections to highlight the matching
OSM objects in the map that we use in Wikipedia.
It brings also the information that was collected collected in Wikipedia 
like Interwikilinks into OSM to render better multilingual-maps.


Care should be taken to only copy information in the Wikipedia-OSM 
direction when that information is either


a) in the public domain, or
b) trivial enough to not warrant any copyright protection, or
c) the relevant Wikiepdia authors have agreed.

Otherwise, the information copied from Wikipedia would be strictly 
CC-BY-SA licensed and would have to be removed when we change our 
license to ODbL.


(Followup-to legal-talk.)

Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

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


Re: [OSM-legal-talk] [OSM-talk] Announcement: Add-tags a tool to connect OpenStreetMap Wikipedia

2011-04-09 Thread Kolossos

Hey,
I'm sure that Interwikilinks in Wikipedia don't have a critical level of 
creativity so that they are trivial enough for us (case b).
If not, wikipedia self couldn't use bots to copy this interwikilinks 
from one wiki to another.
The pure wikipedia-tag is only a reference like a hyperlink so it 
couldn't be a problem.


I accept that OpenStreetMap don't want to use coordinates from wikipedia 
but article-names are surely user-created content that are

provided under a free license or atomic parts as PD.

The Wikimedia foundation don't go the way to take the role of a 
database-provider (like OSMF) so database protection is also no topic.


Last point: Wikimedia foundation support the cooperation with OpenStreetMap.

So under all these aspects there should be no problem.

 Greetings Kolossos (INAL)

P.S.: The license and the interpretation should be for the project, not 
against it.


Am 09.04.2011 14:40, schrieb Frederik Ramm:

Hi,

Kolossos wrote:

there is a new tool to bring more Wikipedia-Tags inside OSM-database
and connect so both projects more and more. It can be found here:
http://wiki.openstreetmap.org/wiki/JOSM/Plugins/RemoteControl/Add-tags

It's the idea to use later this connections to highlight the matching
OSM objects in the map that we use in Wikipedia.
It brings also the information that was collected collected in
Wikipedia like Interwikilinks into OSM to render better
multilingual-maps.


Care should be taken to only copy information in the Wikipedia-OSM
direction when that information is either

a) in the public domain, or
b) trivial enough to not warrant any copyright protection, or
c) the relevant Wikiepdia authors have agreed.

Otherwise, the information copied from Wikipedia would be strictly
CC-BY-SA licensed and would have to be removed when we change our
license to ODbL.

(Followup-to legal-talk.)

Bye
Frederik





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


Re: [OSM-legal-talk] Compliance timeline

2011-04-09 Thread Eugene Alvin Villar
On Fri, Apr 8, 2011 at 6:52 PM, John Smith deltafoxtrot...@gmail.com wrote:
 On 8 April 2011 20:38, Nick Hocking nick.hock...@gmail.com wrote:
 I believe that this is the (only) critical issue. To be open contributions
 need to be given freely and without restriction, so as to avoid the current
 situation where some contributors (with varying agendas) seem to be holding
 OSM to ransom by threatening not to relicence their contributions.

 Which is something only done by commercial companies, most community
 based projects have a fixed license, I'd love for someone to try and
 push something like the CTs on kernel contributors and see how far
 they got considering how strongly people are in favour of share a
 like.

You seem to be ignoring the fact that the Free Software Foundation has
copyright assignment: you assign your code copyright to FSF. ANd if
you check the usual contract, there is no mention of any fixed GNU
license.

In addition, the Apache Software Foundation also has a software code
CT, with language quite similar to OSM's CT:

You hereby grant to the [Apache Software] Foundation and to
recipients of software distributed by the Foundation a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare derivative works of, publicly
display, publicly perform, sublicense, and distribute Your
Contributions and such derivative works.

Interestingly, the ASF does not even specify any fixed open-source or
free license (and it could even be effectively public domain basing on
the ASF CT's language).

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