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

2012-10-25 Thread Simon Poole

I personally can't see enough wiggle room both in the ODbL and the CTs
to make any dataset generated by geocoding and/or reverse geocoding
anything else than a derivative database. It is just the ODbL working as
intended. We went through a lot of effort to get from a broken to a
functional licence that is appropriate for the subject matter and we
shouldn't be unhappy with the fact that our licence now works (even
though I like many others, would have preferred a more liberal licence).

We don't have any exact information on the position of the community,
but I would suspect that we have substantial support for strong share a
like provisions and that getting a 2/3 majority for relaxed terms would
be big challenge (I would like to remind everybody that we lost a number
of quite large mappers during the licence change process due to the ODbL
being a sell out to commercial interests and not SA enough).

The only way out that I could see to avoid infection of propriety
information is, along the lines of the suggestion by the LWG, to only
geocode address information and use the address information as a key to
look up such propriety information on the fly, the address DB itself
being subject to ODbL terms. This however wouldn't help in the reverse
geocoding use case (example: user clicks on a map to locate a bar and we
return an address, the dataset of such addresses and any associated
information would probably always be tainted).

Simon


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[OSM-legal-talk] CTs, procedure to change of the license

2012-10-25 Thread Martin Koppenhoefer
During the license change from cc-by-sa to ODbL the issue was raised
that 3 weeks for an active contributor to respond to a voting for a
license change was not sufficient and IIRR the response was that this
would be dealt with later. What is the view on this? How can this
detail be changed, and what would be a reasonable time span for an
active contributor to respond? My suggestion would be 2 months or 60
days.

cheers,
Martin

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Re: [OSM-legal-talk] CTs, procedure to change of the license

2012-10-25 Thread Martin Koppenhoefer
I found the thread:
http://gis.19327.n5.nabble.com/OSM-legal-talk-CT-time-period-for-reply-to-a-new-license-change-active-contributor-td5270119.html

basically what Michael Collinson wrote makes sense:

- In the case of a major license change, there would be a run up of at
least several months of publicity and discussion before the final formal
vote announcement.

- Our general objective in the CTs is to leave future generations as
much flexibility as possible while preserving overall project goals.

- The CTs do not stop such a formal announcement and vote opening to be
made much earlier. I certainly agree that 6-8 weeks is reasonable should
we ever go through a big change again.

- There may be ocassions when a small but vital change needs to be made
if a problem/loop-hole is found with the current license. Hence three
weeks ... two weeks for someone to be on holiday and one week for them
to get organised and vote.


cheers,
Martin

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Re: [OSM-legal-talk] CTs, procedure to change of the license

2012-10-25 Thread Pavel Pisa
Hello Martin and all others,

thanks for opening the CT discussion. I have expressed
significant concerns about it more times already
and I keep uncomfortable with it wording and way it has
been established

On Thursday 25 October 2012 15:31:10 Martin Koppenhoefer wrote:
 I found the thread:
 http://gis.19327.n5.nabble.com/OSM-legal-talk-CT-time-period-for-reply-to-a
-new-license-change-active-contributor-td5270119.html

 basically what Michael Collinson wrote makes sense:

 - In the case of a major license change, there would be a run up of at
 least several months of publicity and discussion before the final formal
 vote announcement.

 - Our general objective in the CTs is to leave future generations as
 much flexibility as possible while preserving overall project goals.

 - The CTs do not stop such a formal announcement and vote opening to be
 made much earlier. I certainly agree that 6-8 weeks is reasonable should
 we ever go through a big change again.

 - There may be ocassions when a small but vital change needs to be made
 if a problem/loop-hole is found with the current license. Hence three
 weeks ... two weeks for someone to be on holiday and one week for them
 to get organised and vote.

I would personally vote for two months. I know people who go
for expeditions for long time and I think that their contributions
can be of high value and should not lost right to vote because they
are not connected to the Net every day.

The minimal period for change discussion should be defined as well.

The open topic is who controls the Contributions Terms changes.
It is OSMF or have other OSM contributors right to control future
of their work and the project? I would prefer if even Contributions
Terms changes require at least some community approval.

I am not sure if definition of the active OSM contributor in CT
is not too strict as well. Again you can do great job by checking
the state and found that there is no need to do modification
or only upload traces to the database to allow future refinement.

I would prefer (still) to have an option to mark my contributions
to be available under CC-BY-SA in addition to ODbL because of long,
long (many years) lack of willingness to communicate above questions
from OSMF side and to be sure that project would not be locked in dead
end in the future.

I expect that same fear and bad feeling lead many people to dismiss
ODbL for their work. The result is quit significant damage in the map
data. Even in areas which I have contributed to and due to long time
left already, I cannot repair them from my memory and my traces only
and would have to go these tracks, hiking paths again. Not so bad,
I would visit these areas in any case, but seeing unneeded destruction
hurts.

Best wishes,

   Pavel Pisa


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

2012-10-25 Thread Alex Barth

I'd hate to see us give up here, there is too much at stake. The open questions 
around geocoding are doing OSM a disservice just as CC-BY-SA did. This is from 
a commercial community member's perspective just as an individual's, assuming 
we all want a better open map. Opening OSM to geocoding would be one of the 
main drivers for getting better boundary data and better addresses. Depending 
on your read of the license, right now OSM's terms on geocoding are potentially 
stricter than Google's or Navteq's.

I'd love to work with whoever is interested on wording a clarification 
statement and figuring out the process on how to decide on it.

On Oct 25, 2012, at 2:36 AM, Simon Poole si...@poole.ch wrote:

 
 I personally can't see enough wiggle room both in the ODbL and the CTs
 to make any dataset generated by geocoding and/or reverse geocoding
 anything else than a derivative database. It is just the ODbL working as
 intended. We went through a lot of effort to get from a broken to a
 functional licence that is appropriate for the subject matter and we
 shouldn't be unhappy with the fact that our licence now works (even
 though I like many others, would have preferred a more liberal licence).
 
 We don't have any exact information on the position of the community,
 but I would suspect that we have substantial support for strong share a
 like provisions and that getting a 2/3 majority for relaxed terms would
 be big challenge (I would like to remind everybody that we lost a number
 of quite large mappers during the licence change process due to the ODbL
 being a sell out to commercial interests and not SA enough).
 
 The only way out that I could see to avoid infection of propriety
 information is, along the lines of the suggestion by the LWG, to only
 geocode address information and use the address information as a key to
 look up such propriety information on the fly, the address DB itself
 being subject to ODbL terms. This however wouldn't help in the reverse
 geocoding use case (example: user clicks on a map to locate a bar and we
 return an address, the dataset of such addresses and any associated
 information would probably always be tainted).
 
 Simon
 
 
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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-25 Thread Mikel Maron
I don't see the issue with companies complying with like-for-like. There is 
some logistical burden, but that could be offloaded by geocoding services. 
There's something to explain, but there's something to explain with OSM anyhow. 
OSM is open for geocoding, that can be worked out. I don't see the other side 
of the argument here yet, why sharing back only geocoded strings is a problem.

I disagree that reverse-geocoding infects an entire database. That needs some 
clarification.

Google's geocoding terms are not even defined, and it's likely legally than 
anything significantly geocoded using GMaps is property of Google.

-Mikel

* Mikel Maron * +14152835207 @mikel s:mikelmaron



 From: Alex Barth a...@mapbox.com
To: Licensing and other legal discussions. legal-talk@openstreetmap.org 
Sent: Thursday, October 25, 2012 11:06 AM
Subject: Re: [OSM-legal-talk] [Talk-us] press from SOTM US
 

I'd hate to see us give up here, there is too much at stake. The open 
questions around geocoding are doing OSM a disservice just as CC-BY-SA did. 
This is from a commercial community member's perspective just as an 
individual's, assuming we all want a better open map. Opening OSM to geocoding 
would be one of the main drivers for getting better boundary data and better 
addresses. Depending on your read of the license, right now OSM's terms on 
geocoding are potentially stricter than Google's or Navteq's.

I'd love to work with whoever is interested on wording a clarification 
statement and figuring out the process on how to decide on it.

On Oct 25, 2012, at 2:36 AM, Simon Poole si...@poole.ch wrote:

 
 I personally can't see enough wiggle room both in the ODbL and the CTs
 to make any dataset generated by geocoding and/or reverse geocoding
 anything else than a derivative database. It is just the ODbL working as
 intended. We went through a lot of effort to get from a broken to a
 functional licence that is appropriate for the subject matter and we
 shouldn't be unhappy with the fact that our licence now works (even
 though I like many others, would have preferred a more liberal licence).
 
 We don't have any exact information on the position of the community,
 but I would suspect that we have substantial support for strong share a
 like provisions and that getting a 2/3 majority for relaxed terms would
 be big challenge (I would like to remind everybody that we lost a number
 of quite large mappers during the licence change process due to the ODbL
 being a sell out to commercial interests and not SA enough).
 
 The only way out that I could see to avoid infection of propriety
 information is, along the lines of the suggestion by the LWG, to only
 geocode address information and use the address information as a key to
 look up such propriety information on the fly, the address DB itself
 being subject to ODbL terms. This however wouldn't help in the reverse
 geocoding use case (example: user clicks on a map to locate a bar and we
 return an address, the dataset of such addresses and any associated
 information would probably always be tainted).
 
 Simon
 
 
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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-25 Thread Frederik Ramm

Hi,

On 25.10.2012 17:30, Mikel Maron wrote:

I don't see the issue with companies complying with like-for-like. There
is some logistical burden, but that could be offloaded by geocoding
services.


+1 - I think we're all (including LWG) still waiting for concrete use 
case where somebody says: This is how I want to use OSM for geocoding, 
this is what I believe the ODbL would mean for me, and this is why it is 
unacceptable for my business.


I don't know if it has already been said, but there is a *vast* amount 
of use cases where we need on-the-fly geocoding - user enters address 
and is zoomed to location - which are totally unproblematic as no 
derived database is even created.


In many other use cases I can think of, the ODbL's requirement may mean 
an inconvenience and may mean that users can't be just as secretive as 
they would like to be, but still sufficiently secretive as not to hurt 
their business.


I'm willing to hear concrete examples but I think that talk of giving 
up and too much at stake sound like OSM was unsuitable for geocoding 
which in my opinion it clearly isn't!


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

2012-10-25 Thread Mikel Maron
 geocoding patient data, client data, suppliers data, members data

With this kind of sensitive private data, the database would not be 
redistributed, hence not invoking share-alike.
 
* Mikel Maron * +14152835207 @mikel s:mikelmaron



 From: Alex Barth a...@mapbox.com
To: Licensing and other legal discussions. legal-talk@openstreetmap.org 
Sent: Thursday, October 25, 2012 2:43 PM
Subject: Re: [OSM-legal-talk] [Talk-us] press from SOTM US
 
+1 for examples. I'm working on pulling some together.

The like for like principle overlooks that data submitted to geocoders can be 
sensitive for privacy or IP reasons. Think of geocoding patient data, client 
data, suppliers data, members data in a scenario where a geocoder is only used 
for a single client. Definitely a scenario where we as MapBox would be able to 
offer an OSM based solution.

On Oct 25, 2012, at 2:04 PM, Frederik Ramm frede...@remote.org wrote:

 Hi,
 
 On 25.10.2012 17:30, Mikel Maron wrote:
 I don't see the issue with companies complying with like-for-like. There
 is some logistical burden, but that could be offloaded by geocoding
 services.
 
 +1 - I think we're all (including LWG) still waiting for concrete use case 
 where somebody says: This is how I want to use OSM for geocoding, this is 
 what I believe the ODbL would mean for me, and this is why it is 
 unacceptable for my business.
 
 I don't know if it has already been said, but there is a *vast* amount of 
 use cases where we need on-the-fly geocoding - user enters address and is 
 zoomed to location - which are totally unproblematic as no derived database 
 is even created.
 
 In many other use cases I can think of, the ODbL's requirement may mean an 
 inconvenience and may mean that users can't be just as secretive as they 
 would like to be, but still sufficiently secretive as not to hurt their 
 business.
 
 I'm willing to hear concrete examples but I think that talk of giving up 
 and too much at stake sound like OSM was unsuitable for geocoding which in 
 my opinion it clearly isn't!
 
 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

2012-10-25 Thread Alex Barth

On Oct 25, 2012, at 2:43 PM, Alex Barth a...@mapbox.com wrote:

 +1 for examples. I'm working on pulling some together.
 
 The like for like principle overlooks that data submitted to geocoders can be 
 sensitive for privacy or IP reasons. Think of geocoding patient data, client 
 data, suppliers data, members data in a scenario where a geocoder is only 
 used for a single client. Definitely a scenario where we as MapBox would be 
 able to offer an OSM based solution.

The last sentence should be: Definitely a scenario where we as MapBox would 
_love to_ be able to offer an OSM based solution.

 
 On Oct 25, 2012, at 2:04 PM, Frederik Ramm frede...@remote.org wrote:
 
 Hi,
 
 On 25.10.2012 17:30, Mikel Maron wrote:
 I don't see the issue with companies complying with like-for-like. There
 is some logistical burden, but that could be offloaded by geocoding
 services.
 
 +1 - I think we're all (including LWG) still waiting for concrete use case 
 where somebody says: This is how I want to use OSM for geocoding, this is 
 what I believe the ODbL would mean for me, and this is why it is 
 unacceptable for my business.
 
 I don't know if it has already been said, but there is a *vast* amount of 
 use cases where we need on-the-fly geocoding - user enters address and is 
 zoomed to location - which are totally unproblematic as no derived database 
 is even created.
 
 In many other use cases I can think of, the ODbL's requirement may mean an 
 inconvenience and may mean that users can't be just as secretive as they 
 would like to be, but still sufficiently secretive as not to hurt their 
 business.
 
 I'm willing to hear concrete examples but I think that talk of giving up 
 and too much at stake sound like OSM was unsuitable for geocoding which in 
 my opinion it clearly isn't!
 
 Bye
 Frederik
 
 -- 
 Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33
 
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 tel (+1) 202 250 3633
 
 
 
 

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

2012-10-25 Thread Alex Barth

And this is where SA gets really hairy. It's entirely possible and actually 
quite common that part of a database that contains private data is public. E. 
g. public facing web sites that are powered from a Salesforce DB through a 
private API. Again, we need real-world examples. Working on this.

On Oct 25, 2012, at 2:46 PM, Mikel Maron mikel_ma...@yahoo.com wrote:

  geocoding patient data, client data, suppliers data, members data
 
 With this kind of sensitive private data, the database would not be 
 redistributed, hence not invoking share-alike.
  
 * Mikel Maron * +14152835207 @mikel s:mikelmaron
 From: Alex Barth a...@mapbox.com
 To: Licensing and other legal discussions. legal-talk@openstreetmap.org 
 Sent: Thursday, October 25, 2012 2:43 PM
 Subject: Re: [OSM-legal-talk] [Talk-us] press from SOTM US
 
 +1 for examples. I'm working on pulling some together.
 
 The like for like principle overlooks that data submitted to geocoders can be 
 sensitive for privacy or IP reasons. Think of geocoding patient data, client 
 data, suppliers data, members data in a scenario where a geocoder is only 
 used for a single client. Definitely a scenario where we as MapBox would be 
 able to offer an OSM based solution.
 
 On Oct 25, 2012, at 2:04 PM, Frederik Ramm frede...@remote.org wrote:
 
  Hi,
  
  On 25.10.2012 17:30, Mikel Maron wrote:
  I don't see the issue with companies complying with like-for-like. There
  is some logistical burden, but that could be offloaded by geocoding
  services.
  
  +1 - I think we're all (including LWG) still waiting for concrete use case 
  where somebody says: This is how I want to use OSM for geocoding, this is 
  what I believe the ODbL would mean for me, and this is why it is 
  unacceptable for my business.
  
  I don't know if it has already been said, but there is a *vast* amount of 
  use cases where we need on-the-fly geocoding - user enters address and is 
  zoomed to location - which are totally unproblematic as no derived database 
  is even created.
  
  In many other use cases I can think of, the ODbL's requirement may mean an 
  inconvenience and may mean that users can't be just as secretive as they 
  would like to be, but still sufficiently secretive as not to hurt their 
  business.
  
  I'm willing to hear concrete examples but I think that talk of giving up 
  and too much at stake sound like OSM was unsuitable for geocoding which 
  in my opinion it clearly isn't!
  
  Bye
  Frederik
  
  -- 
  Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33
  
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 tel (+1) 202 250 3633
 
 
 
 
 
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Re: [OSM-legal-talk] [Talk-us] press from SOTM US

2012-10-25 Thread Eugene Alvin Villar
On Fri, Oct 26, 2012 at 4:12 AM, Alex Barth a...@mapbox.com wrote:

 And this is where SA gets really hairy. It's entirely possible and actually 
 quite common that part of a database that contains private data is public. E. 
 g. public facing web sites that are powered from a Salesforce DB through a 
 private API. Again, we need real-world examples. Working on this.

Please take note that the legal term database* is different from the
technical term database. Just because one website's data is in just
one PostgreSQL or MySQL database doesn't mean that this whole
database needs to be licensed under ODbL.


* According to the European Database Directive, a database is a
collection of independent works, data or other materials arranged in a
systematic or methodical way and individually accessible by electronic
or other means.

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