[OSM-legal-talk] whitewashing nodes without tags

2012-01-28 Thread Martin Koppenhoefer
I know that some variants of this topic already have been under
discussion, but I'd like to add another version to it, where I believe
that indeed there will be no copyright left by the declining mapper.
Three mappers Ac1, Ac2 (acceptors) and Dec1 (decliner) edit an object:

1. Ac1 creates a highway or any other way (i.e. a way with nodes and
tags on the way).
2. Dec1 adds nodes to the highway/way (no tag modification)
3. Ac2 moves the nodes of the way (interesting for us only the ones from Dec1)

For all nodes that Ac2 has touched (moved or added tags to them) I
would expect that it doesn't matter if Dec1 had created them, because
anyway there is no information from him left. This might be
interpreted differently if Dec1 would have also created the way, and
surely if he added tags, but if he only added nodes, and they are no
longer on their original position because Ac2 has moved them, what
would be copyrightable from this?

cheers,
Martin

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Re: [OSM-legal-talk] whitewashing nodes without tags

2012-01-28 Thread Jaakko Helleranta.com
Q: what would be copyrightable from this?
A: Nothing (imho).

Copyright protects (a specific) form, not an idea (or so I was taught at IPR 
101 at my university in Finland; in case the country matters in this case).

And even the form must meet originality the criteria (if that's the proper 
term in English).

Surely some could argue that Dec1 had the idea of nodes (in that area, or 
something) but that is hardly of any originality within a mapping project, or 
outside of it for that matter. But copyright wouldn't protect that anyways.

Someone (such as Dec1) such as could also claim that Dec1 did a heck of a job 
collecting data on that way and Ac2 only moved his/her nodes to remove the 
copyright. I'd ask: source tags (on the objects or changesets)? 

But is hard work (of collecting geo data / converting it database entries) 
copyrightable)?

This brings us to _one_ of the core reasons of changing the license (unless 
I've completely misunderstood something, of course)! 
And that is that:
In a global project like OSM we must be able to get whatever protection it is 
we want to get everywhere and not just in one(/some) place(s) -- and copyright 
doesn't do that because what is copyrightable varies from country to country.

Cheers,
-Jaakko

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-Original Message-
From: Martin Koppenhoefer dieterdre...@gmail.com
Date: Sat, 28 Jan 2012 11:13:00 
To: Licensing and other legal discussions.legal-talk@openstreetmap.org
Reply-To: Licensing and other legal discussions.
legal-talk@openstreetmap.org
Subject: [OSM-legal-talk] whitewashing nodes without tags

I know that some variants of this topic already have been under
discussion, but I'd like to add another version to it, where I believe
that indeed there will be no copyright left by the declining mapper.
Three mappers Ac1, Ac2 (acceptors) and Dec1 (decliner) edit an object:

1. Ac1 creates a highway or any other way (i.e. a way with nodes and
tags on the way).
2. Dec1 adds nodes to the highway/way (no tag modification)
3. Ac2 moves the nodes of the way (interesting for us only the ones from Dec1)

For all nodes that Ac2 has touched (moved or added tags to them) I
would expect that it doesn't matter if Dec1 had created them, because
anyway there is no information from him left. This might be
interpreted differently if Dec1 would have also created the way, and
surely if he added tags, but if he only added nodes, and they are no
longer on their original position because Ac2 has moved them, what
would be copyrightable from this?

cheers,
Martin

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[OSM-legal-talk] ODbL implementation plan - extra phase proposal

2012-01-28 Thread Petr Morávek [Xificurk]
Hello,

currently we're at phase 4 of Implementation Plan for ODbL and closing
on the final data cut-off.

Database currently contains the mix of ODbL+CT (in)compliant data and it
is possible to edit them all. And that's unfortunate, because when the
final cut-off is done, we lose not only data from contributors that did
not agreed to the new CT, but a lot of work from currently active users
(that did agreed) as well.
The problem arises from the fact that even though the user has accepted
ODbL+CT, the edits he makes on the object that is incompliant will have
to be thrown away. What's worse is that the user may not even be aware
of this fact.
This is bad for two main reasons:
- After final cut-off, this will certainly demotivate certain users -
seeing their work gone even though they did nothing wrong is a pretty
good reason to stop contributing.
- We're piling up the amount of work that will have to be re-done after
the final cut-off.

In a recent discussion on talk-cz Lukáš Matějka (LM_1) have suggested it
would be good to have an extra phase (couple of months) in which only
untainted edits would be accepted. This would prevent users to put their
time into something that will be gone after final cut-off and it would
probably accelerate the remapping efforts in problematic regions. In the
end the whole transition to ODbL+CT database would be more seamless, no
drastic cut-off that would (at least in some regions) totally crippled
the consistency of the data.

Although this suggestion might seem as last-minute (current plan says
we have 2 months to the final cut-off), I would like to hear, what
others think about it. I've mentioned several pros of this suggestion.
What cons do you see, besides the fact that we would need to postpone
the final cut-off date (which might be a good idea anyway as I'm looking
at some regions at cleanmap).

Best regads,
Petr Morávek aka Xificurk



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Re: [OSM-legal-talk] ODbL implementation plan - extra phase proposal

2012-01-28 Thread Frederik Ramm

Petr,


In a recent discussion on talk-cz Lukáš Matějka (LM_1) have suggested it
would be good to have an extra phase (couple of months) in which only
untainted edits would be accepted. This would prevent users to put their
time into something that will be gone after final cut-off and it would
probably accelerate the remapping efforts in problematic regions.


There is nothing fundamentally wrong or impossible about that.

But it does introduce more work for us (because we would have to 
implement a way for the API to reject changes to tainted objects).


I am unsure if adding such an extra phase of, say, three months would 
really bring a lot of benefit compared to the - much easier - potential 
decisions of delaying the planned changeover for three months.


Or, in other words, do you have reason to believe that a three-month 
only edits to non-tainted objects accepted phase would actually make 
people re-map more and better compared to the phase we are in now? And 
if so, why?


Bye
Frederik

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Re: [OSM-legal-talk] ODbL implementation plan - extra phase proposal

2012-01-28 Thread Petr Morávek [Xificurk]
Frederik Ramm wrote:
 Or, in other words, do you have reason to believe that a three-month
 only edits to non-tainted objects accepted phase would actually make
 people re-map more and better compared to the phase we are in now? And
 if so, why?

Can we agree on the fact, that some of the recent edits are done on
tainted objects that will go away in the final cut-off (together with
those fresh edits)?
I don't know all the reasons why people do these kind of edits,
presumable they don't know that the object is tainted (and that it means
their work is deemed to be deleted in the final cut-off), or they simply
refuse to believe that OSMF will delete so much data in their region.
And even if you know about this stuff, it's not always easy to exactly
identify the problematic objects and be really sure that your edit will
survive the cut-off. Furthermore the identification of problems requires
certain amount of human work, which seems quite irrational - why should
we waste precious human time for something that will be done
algorithmically by machines in the end anyway?

The extra phase would tell all of the contributors trying to edit
tainted objects something like: look, this data will soon go away
together with your current work, so either try to remap it to a
compliant state, or don't bother at all.
It will bring more articulate warning to contributors in problematic
regions and the rest can be at least really sure that their work won't
be for nothing. It's definitely better than a user going to bed one day
with a good feeling about their recent edits and waking up the next
morning seeing them gone.

In some regions people will be upset about not being able to do simple
edits, but I still think it's a better solution then the alternative.

Best regards,
Petr Morávek aka Xificurk



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Re: [OSM-legal-talk] The Copyright of Split Ways

2012-01-28 Thread Frederik Ramm

Hi,

On 01/28/2012 11:08 PM, fk270...@fantasymail.de wrote:

Thank you very much for the wise decision to postpone the license change until 
all open problems are solved.


Citation needed?


Generally,
- if the second-oldest node of a way is older than the way itself, the way 
probably was split. Its v1 belongs to the changeset where the second-oldest 
node was created.
- if the second-oldest node of a way is younger than the way itself, the way was probably 
re-created by other mappers and cannot be considered property of the v1 
mapper. Thus, it would make sense to assign copyright ownership to the v3 mapper (who has 
contributed the second-oldest node).


There's no reason for such vodoo logic. A way split or merge can be 
determined from looking at a changeset. A changeset in which a chain of 
nodes is removed from one way and added to another, new way denotes a 
split. It is possible to determine these automatically, without 
comparing the date of nodes; the only difficulty is that it requires 
looking at a full history file sorted by changeset rather than by object 
ID which means that considerable processing is required, for an outcome 
that is worth relatively little.


I'm sure it is going to be tackled one way or the other but it really 
isn't the big issue some people seem to make of it. Splitting ways is a 
common thing but it is only relevant for the license change if an agreer 
splits a way created by a decliner and vice versa. There are simply not 
so many cases of that to warrant all the brouhaha that is made.


Bye
Frederik

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