Re: [OSM-legal-talk] Triggering ShareAlike in Government

2012-06-17 Thread Simon Poole

In the case of the ODbL this would depend on the ownership and legal
status of the mapping agency (actually it seems as if the ODbL has a
tiny issue in that while parent->owned entity is considered non-public
and ok, the other way around not, something for 1.1). I don't believe 
CC by-SA 2.0 has any such exemption and as I read it, any
"distribution", even non-public, triggers SA. However this would only
start having consequences if the Ministry of the Environment was
actually distributing the data further (if SA was triggered in the case
of the ODbL the derived DB would have to be made available).

IANAL

Simon

Am 18.06.2012 05:59, schrieb Kate Chapman:
> Hi All,
>
> I have a question about what would trigger the ShareAlike in the
> context of government. Let's say for example a National Mapping Agency
> takes the OpenStreetMap road data for their area and then improves
> upon it. Those improvements are shared with the Ministry of the
> Environment. Is that redistribution?
>
> Thanks,
>
> -Kate
>
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Re: [OSM-legal-talk] Triggering ShareAlike in Government

2012-06-17 Thread Paul Norman
> From: Kate Chapman [mailto:k...@maploser.com]
> Subject: [OSM-legal-talk] Triggering ShareAlike in Government
> 
> Hi All,
> 
> I have a question about what would trigger the ShareAlike in the context
> of government. Let's say for example a National Mapping Agency takes the
> OpenStreetMap road data for their area and then improves upon it. Those
> improvements are shared with the Ministry of the Environment. Is that
> redistribution?

Crown copyright is one area where the law really varies from jurisdiction to
jurisdiction. Here if one ministry sent data to another I doubt it would be
distribution - anything produced by either ministry is copyright by the
Crown. On the other hand, if it was sent from a ministry to a crown
corporation it would be. I'm not sure how this interacts with FOI laws
either - although I may be asking the FOI commissioner some questions about
copyright and FOI.

However, it's worth considering the practical implications of if it is
considered distribution. If it isn't, then both ministries are part of the
same organization and either could release the changes under the SA license.
If it is, then the second ministry could release the data under the SA
license, so again either could release the changes under the SA license. In
both cases, the effect is the same. 

The second paragraph of
http://www.gnu.org/licenses/gpl-faq.html#DistributeSubsidiary talks about
how if moving a copy to a subsidiary is distribution it doesn't in practice
matter.


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Re: [OSM-legal-talk] Triggering ShareAlike in Government

2012-06-17 Thread Kate Chapman
Hi Pekka,

I'm concerned specifically about the specifics of the licensing so I
can speak to them, not the ideal situation.  Yes when I present I do
approach with explaining it is best if everyone contributes to the
same map.

I still need to know the specifics of the constraints of the license,
since I often get asked questions.

-Kate

On Mon, Jun 18, 2012 at 12:23 PM, Pekka Sarkola  wrote:
> Kate,
>
> Can you reverse this: how about if NMA will improve local OSM data and then
> MoE will use OpenStreetMap. Benefits for all, right?
>
> That is how we try to make it here in Finland. Well, National Land Survey of
> Finland is not improving OSM, but we (as OSMers) can improve OSM with their
> data.
>
> Rgs,
>
> Pekka
>
>  Pekka Sarkola – pekka.sark...@gispo.fi – www.gispo.fi 
>
> -Original Message-
> From: Kate Chapman [mailto:k...@maploser.com]
> Sent: 18. kesäkuuta 2012 6:59
> To: Licensing and other legal discussions.
> Subject: [OSM-legal-talk] Triggering ShareAlike in Government
>
> Hi All,
>
> I have a question about what would trigger the ShareAlike in the context of
> government. Let's say for example a National Mapping Agency takes the
> OpenStreetMap road data for their area and then improves upon it. Those
> improvements are shared with the Ministry of the Environment. Is that
> redistribution?
>
> Thanks,
>
> -Kate
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk
>
>
> ___
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> legal-talk@openstreetmap.org
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Re: [OSM-legal-talk] Triggering ShareAlike in Government

2012-06-17 Thread Pekka Sarkola
Kate,

Can you reverse this: how about if NMA will improve local OSM data and then
MoE will use OpenStreetMap. Benefits for all, right?

That is how we try to make it here in Finland. Well, National Land Survey of
Finland is not improving OSM, but we (as OSMers) can improve OSM with their
data.

Rgs,

Pekka

 Pekka Sarkola – pekka.sark...@gispo.fi – www.gispo.fi 

-Original Message-
From: Kate Chapman [mailto:k...@maploser.com] 
Sent: 18. kesäkuuta 2012 6:59
To: Licensing and other legal discussions.
Subject: [OSM-legal-talk] Triggering ShareAlike in Government

Hi All,

I have a question about what would trigger the ShareAlike in the context of
government. Let's say for example a National Mapping Agency takes the
OpenStreetMap road data for their area and then improves upon it. Those
improvements are shared with the Ministry of the Environment. Is that
redistribution?

Thanks,

-Kate

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[OSM-legal-talk] Triggering ShareAlike in Government

2012-06-17 Thread Kate Chapman
Hi All,

I have a question about what would trigger the ShareAlike in the
context of government. Let's say for example a National Mapping Agency
takes the OpenStreetMap road data for their area and then improves
upon it. Those improvements are shared with the Ministry of the
Environment. Is that redistribution?

Thanks,

-Kate

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