Re: [OSM-legal-talk] Názor a návrhy; Was: Critical Mass for license change-over - resent after subsription to the lists

2012-04-02 Thread Pavel Pisa
Excuse me for yet again resend, but legal list requires subscription
and I have not expected to have to deal with it in the past.
Some typos corrected and reasons clarified.

Hello Pavel,

On Saturday 31 March 2012 17:03:28 Pavel Machek wrote:
 Ahoj!

  Zdravím Pavla a ostatní přispěvatele z Čech,

 (Sorry ze mi to tak dlouho trvalo).

thanks for reply, but I think, that affair is already lost
and damage caused to community data is inevitable

  Scheduled service notice: OpenStreetMap database
  will be in read-only mode from April 1st to April 4th

And I agree that you are not that who is to blame.

I am in bitter mood today, because the advocate
(Erik the Vicking) who contacted me (2011-02-15) with
supplicate for new license and terms confirmation, expressed
in his reply to my concerns that at least some of them
are legitimate and that he would report them to the
the OpenStreetMap Foundation board. Nothing has
happended since then.

I have signed the ODbL (I generally agree with reasons
for layers combination, commercial use and accumulation
of corrections under ODbL on layer basis) to choose smaller
damage when I could not more edit my data under original rems.
I am strongly against the way the Contribution Terms
has been forced to new contributors. This has been undemocratic
way how to over-vote existing contributors. I clicked to
allow my work to be used (or even abused) under these terms
only to minimize damage with frightened heart for open
OSM future.

If at least next CT terms changes are not codified,
then only good will of people in Cloudmade and other full time
and commercial users of data protects OSM again gaining
of full dominance of some evil entity with aim to tighten
single party lock on the data and abuse of the community.
And the way CT has been forced to us shows that this hope
for good will is quite weak.

There are changes in CT, I have asked for more than year ago.

The period of (at least) 3 months should be codified for first
suggestion of future license change and initial discussion.
Then period for vote should be at least 3 months.
(There are people who go for long journeys with GPS
or without and who do not have access or do not like
to be on-line during they expeditions and their contributions
could be extremely valuable for areas which are of my
biggest interrest).

I agree that data and community have bigger value than
infinite rights of single member and that some way to deal
with dead people's data and long time inactive members
is necessary. But the rules are quite tight when somebody
who is not 14-days on-line losing her/his rights even if she/he
contributed with great amount of work three years ago.
It is quite impolite (and even if she/he is only monitoring
work and not contributing last year).

Actual terms (paragraph 3) allows to start periodically
voting for new license and CT term without any limitations
and time guarantee. Terms defining a contributor (three months
in year) are favoring people with full time jobs on project
and those connected to related commercial activities.
So whole volunteers driven OSM project can change to
commercial one with paid fees for participation
or even into something worse. There are demanded
fees for some cloudmade services. I.e. if you do not
to accept third party advertisements in your data
on mobile platform. I consider that allowed when
they invest to the infrastructure and that particular SW
is their company closed source offer but data and community
contributed SW has to be under community control and really
open licenses. But rules favors paid fulltimers and foundation
board to control project more easily and enforce policy to others
(which has been shown by way CT has been established) and that
is dangerous.

I have signed CC-BY-SA in ExtraLicensing to protect usability
of my (relatively small) contribution to the work to
be usable for alternative (may be even open community future
backup) projects.

  http://timsc.dev.openstreetmap.org/extralicenses/

But this information is not propagated to main OSM
database and not seen in JOSM. Compared to CT terms
agreement shown and promoted everywhere.

I still consider next way to balance profit of both
ODbL proponents and people who cannot agree with CT
(like Pavel Machek is) or ODbL tied future as the
best solution.

OSM foundation should offer (by e-mail) to all members possibility
to confirm agreement with use of their future contributions
even under CC-BY-SA and maintain displaying of CC-BY-SA compatible
data marks in main OSM database. This step should help people
from alternative non-ODbL project and they could (in return)
help ODbL group by allowing their already included data to be
used under ODbL.

Any way, I consider all this unfortunate and I thing that
there is more problem on side of the foundation proponents
and Cloudmade commercial entrepreneurs than on the side
of volunteer contributors who did not agree with terms
change.

With hope for constructive and open 

Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Richard Weait
On Mon, Apr 2, 2012 at 7:23 AM, Pavel Machek pa...@ucw.cz wrote:
 Hi!

 So lets start by saying that I don't like ODbL and I hate CT.

 There are three classes of data I uploaded to osm:

 a) Hand created data, most important paths in the woods. CT+ODbL, is
 okay for those.

 b) ODbL compatible - mass imports. CT+ODbL is okay for those, provided
 data from a) are kept. Richard convinced me that CT is not meant to be
 evil, and I can live with that.

 c) ODbL incompatible mass imports. Obviously these need to be
 removed. I have no power to change this. Mass imports were cities
 from wikipedia (place=*) and railway stations from around

 http://www.openstreetmap.org/browse/changeset/188101
 187327

 I hope this helps, and I'd like to see some reply, thanks,

Dear Pavel,

I'll ask the LWG chair to add this matter to the discussion at the
next LWG meeting.

I expect that LWG will send you a formal reply.  Until then, I'd like
to thank you personally for granting permission for some of your
contributions to continue as CT/ODbL, even with your stated
disagreements with some aspects of ODbL and of CTs.

Thank you also, to the other members of the OSM community who have
been discussing the matter with you.

Best regards,
Richard

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Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Petr Morávek [Xificurk]
Pavel Machek wrote:
 Hi!
 
 So lets start by saying that I don't like ODbL and I hate CT.
  
 There are three classes of data I uploaded to osm:
  
 a) Hand created data, most important paths in the woods. CT+ODbL, is
 okay for those.
  
 b) ODbL compatible - mass imports. CT+ODbL is okay for those, provided
 data from a) are kept. Richard convinced me that CT is not meant to be
 evil, and I can live with that.
  
 c) ODbL incompatible mass imports. Obviously these need to be
 removed. I have no power to change this. Mass imports were cities 
 from wikipedia (place=*) and railway stations from around
 
 http://www.openstreetmap.org/browse/changeset/188101
 187327
 
 I hope this helps, and I'd like to see some reply, thanks,
 
   Pavel

Hi,

I admit that I'm pretty confused right now... Are you saying that you've
changed your mind and are willing to agree to ODbL+CT, except for the
changesets containing imports of incompatible data? That would be really
great!

If this is that case, I personally volunteer to help track down your
changesets containing the incompatible imports.
The only two are the wikipedia imports of places and railway stations,
is this correct?

Best regards,
Petr Morávek aka Xificurk

PS: I've added to CC rebuild@ as well, just to let the guys there know
that there could be a last-minute request for keeping most of the data
from Pavel. Sorry, to all that will get this mail multiple times.



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Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Richard Weait
2012/4/2 Petr Morávek [Xificurk] xific...@gmail.com:
 Hi,

 I admit that I'm pretty confused right now... Are you saying that you've
 changed your mind and are willing to agree to ODbL+CT, except for the
 changesets containing imports of incompatible data? That would be really
 great!

 If this is that case, I personally volunteer to help track down your
 changesets containing the incompatible imports.
 The only two are the wikipedia imports of places and railway stations,
 is this correct?

 Best regards,
 Petr Morávek aka Xificurk

 PS: I've added to CC rebuild@ as well, just to let the guys there know
 that there could be a last-minute request for keeping most of the data
 from Pavel. Sorry, to all that will get this mail multiple times.

Hi Petr,

Yes, Pavel and RichardF had a discussion on IRC a few minutes ago and
Pavel came to this decision.

Petr, thank you for offering assistance with the un-relicenseable data.

Best regards,
Richard

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Re: [OSM-legal-talk] Infringements - examples, analysis and request for removal

2012-04-02 Thread hbogner

On 03/31/2012 01:25 PM, Darko Sokolić wrote:



Dear colleagues,

I contributed to OpenStreetMap under CC-BY-SA 2.0 license. It was great
pleasure, and I enjoyed it very much.
I did not accept new Contributor Terms and new license.
Also, I did not authorise anyone, in any way, to relicense or sublicense
my contributions.

I expect that my contributions will be deleted as part of moving to new
licence.
To my surprise, I see that most of my original contributions are already
deleted and replaced with no noticeable difference.
Looking at the details I saw that just the user attribute has changed
(often Janjko and SilverSpace), timestamp is diferent, coordinates are
slightly offset, ID is of course different, and there is no history data.
Replacement data is therefore in CC-BY-SA terminology Derivative Work
based on my original Work.

This clearly infringes CC-BY-SA in at least two ways:
* by erasing history and replacing author name this violates attribution
requirement,
* by submitting such Dertivative Work under new Contributor Terms
attempt is made to license Derivative work under ODbl and DbCL.

This infringing data must be removed.
Alternatively, while OSM is still served to public as CC-BY-SA, this
infringing data might be reverted to original data.

Though I like revering data better, I cannot do it. Revertion scripts,
in my understaning, run on same API for submitting new/edited data. So,
if to run and of these, I need an active account, an account that
accepted new Contributor Terms. By doing so, all data (re)created
through revert scripts will be licensed under ODbl/DbCL. So, I cannot do
it this way.

I could do removal of infringing data, but this might appear like
massive vandalism.

Can OSMF revert infiringing changesets, or remove infringing data? This
is maybe the best way, and also it will probably use server resurces in
most efficient way. I also believe that OSMF has already tools to find
similarities in present and historic (deleted) data.

I am not aware of such tools, so I did some analysis myself, developing
needed tools. Scope of analysis is limited to contributions of three
users (myself, and two mentioned above, that I noticed by looking at
live map tiles).

I this analysis I've covered 7329 nodes.
I was looking for situations where any of these nodes is deleted by
another user, and then new node is created on similar location in the
same changeset. Then I grouped results by positional error, that is
distance between new and old node.

This is what I found (grouped by author of replacement nodes):
for positional error of up to cca 11 m in latitude and 7,8 m in
longitude (that is 4 decimal digits in LAT/LON in OSM database):
SilverSpace | 4565 nodes (62% of all analysed nodes)
Janjko | 1363 nodes (19%)
for positional error of up to cca 1,1 m in latitude to 0,78 m in longitude:
SilverSpace | 2909 (40%)
Janjko | 758 (10%)

For first group we might argue that cca 10 meters is large distance and
that any usual remapping would fit in (but visual comparison of rendered
data reveals similarities).
In the second group, where positional error is up to cca 1 m - it is
very hard to defend this as not infringement.

I started to analyse not only maximum deviations, but averages, and
standard deviations, and also I looked into minimal positional errors.
And the I found that significant number of replacement nodes are placed
on the _very_same_position_ of original node (again - in the same
changeset):
SilverSpace | 2235 (30%!)
Janjko | 260 (3,5%)
We are talking here about precision of lat/lon in 7 decimal places. This
is precision of about 11 mm in latitude and 7,8 mm in longitude. In 34%
of sampled data. This is not a coincidence. This is intentional
infringement.

If anybody else suspects that his/here data is infringed in similar
fashion, I am willing to share my tools and experience that I've gained
during this analysis.
I also indend to refine tools to cover more similaritites. So far I
dealt only with nodes, their position, and with changesets in which
nodes were created and deleted.

DarkoS


I know you didn't contact local Croatia community, but did you contact 
those users?
It would be nice of you if you could send us/me a file with all your 
contributions so we can delete them from OSM(if they are the same) and 
solve this conflict that way.


Regards,
Hrvoje Bogner



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Re: [OSM-legal-talk] [Talk-cz] czech republic: data wrongly marked as ODbL compatible was Re: Hromadné importy změna licence

2012-04-02 Thread Petr Morávek [Xificurk]
Pavel Machek wrote:
 If this is that case, I personally volunteer to help track down your
 changesets containing the incompatible imports.
 
 Thanks!
 
 The only two are the wikipedia imports of places and railway stations,
 is this correct?
 
 I think so.
   Pavel

Hello,

I went through Pavel's changesets and I think I've found all the tainted
data. Here is what I did:

1) I went through Pavel's changesets (except the big ones already
identified as ODbL compatible imports).
2) Counted the number of created or modified nodes that had tags place=*
or railway=station,halt,tram_stop. This gave me 17 changesets that have
at least 10 such nodes.
3) Then I checked them manually and identified the mass imports.

Pavel's tainted changesets incompatible with ODbL+CT:
720911, 720263, 187327, 189654, 188101, 197352, 593595

Special case of changeset 473203: contains mostly import of forests, but
also 12 place nodes from wikipedia,etc., only 3 of them (27716,
27734, 27739) are still in the database. I would suggest we keep
this changeset and remove only those 3 offending nodes when the database
comes from read-only mode.

In the process I've found another changeset with import of places from
wikipedia,geonames,etc. performed by Bilbo. This should be marked for
removal as well:
312633


I would like to thank Pavel for his decision to allow the relicensing of
his work and sincerely apologize for my harsh words in my initial reply.

Best regards,
Petr Morávek aka Xificurk



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[OSM-legal-talk] Creative-Commons 4.0 (first draft)

2012-04-02 Thread Kai Krueger
Hi,

I have just seen that Creative-Commons has released a first draft of their
new 4.0 license suit and thought it might be of interest to others on this
list. ( http://creativecommons.org/weblog/entry/32157 )

The draft for 4.0 now explicitly licenses database rights and addresses
licensing of databases. However, it does not extend restrictions through
contract where copyright and database rights do not restrict usage in the
first place. It also does not have the concept of produced works.

The new draft furthermore addresses attribution in massive collaboration
projects more flexibly than previous licenses by not having to attribute all
authors if the project wishes so.

Kai

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