Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Simon Poole
In general the CC-by licences require downstream attribution that we
can't provide for any sensible meaning of the word, so you will need
specific permission in any case, the other part is that the 4.0 licences
try to cater for sui generis databases and, IMHO-only, that comes out
rather wrong.

What complicates your specific case even more is that you will find a
wide range of opinions on if tracing from imagery even creates a
derivative work (which you need to square with national regulations and
case law).

The best action is to sidestep the above mentioned can of worms and try
and get explicit permission, preferably with
http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
(the first two letter templates are missing some key points IMHO and
while simpler are probably not really enough).

Note the letter would need some adaptation in your case since we are
referring to data derived from the imagery, not the imagery itself.

Simon

Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
 Hi Simon. Thanks for the answer. 
 
 Just an extra quesiton, doesn't a CC-BY license already allows
 derivative work of any kind as long as the author is mentioned? Why
 would an extra permission for that be required?
 
 Best Regards.
 Ivan.
 
 On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole si...@poole.ch
 mailto:si...@poole.ch wrote:
 
 Ivan
 
 The problem is that it is a legal can of worms. I would suggest simply
 asking for explicit permission, or at least formal confirmation that
 tracing from the imagery does not create a derivative work and that the
 government has no rights in such vectorized data.
 
 It is, as you may have seen from previous discussions, not clear if the
 CC 4.0 licences are compatible (with the exception of CC0 naturally)
 with the ODbL and this is likely not an issue that will be resolved
 short term.
 
 Simon
 
 Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
  Hi everybody,
  the government of Indonesia recently opened a Open Data portal
  http://data.go.id/ offering some official WMS imagery under CC-BY 4.0
  license.
 
  Would that license be enought to be used under JOSM to trace ways and
  POIs for OSM?
 
  Thanks in advance.
  Ivan.
 
 
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Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Simon Poole
Ivan

The problem is that it is a legal can of worms. I would suggest simply
asking for explicit permission, or at least formal confirmation that
tracing from the imagery does not create a derivative work and that the
government has no rights in such vectorized data.

It is, as you may have seen from previous discussions, not clear if the
CC 4.0 licences are compatible (with the exception of CC0 naturally)
with the ODbL and this is likely not an issue that will be resolved
short term.

Simon

Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
 Hi everybody, 
 the government of Indonesia recently opened a Open Data portal
 http://data.go.id/ offering some official WMS imagery under CC-BY 4.0
 license.
 
 Would that license be enought to be used under JOSM to trace ways and
 POIs for OSM?
 
 Thanks in advance.
 Ivan.
 
 
 ___
 legal-talk mailing list
 legal-talk@openstreetmap.org
 https://lists.openstreetmap.org/listinfo/legal-talk
 



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Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Ivan Garcia
Hi Simon. Thanks for the answer.

Just an extra quesiton, doesn't a CC-BY license already allows derivative
work of any kind as long as the author is mentioned? Why would an extra
permission for that be required?

Best Regards.
Ivan.

On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole si...@poole.ch wrote:

 Ivan

 The problem is that it is a legal can of worms. I would suggest simply
 asking for explicit permission, or at least formal confirmation that
 tracing from the imagery does not create a derivative work and that the
 government has no rights in such vectorized data.

 It is, as you may have seen from previous discussions, not clear if the
 CC 4.0 licences are compatible (with the exception of CC0 naturally)
 with the ODbL and this is likely not an issue that will be resolved
 short term.

 Simon

 Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
  Hi everybody,
  the government of Indonesia recently opened a Open Data portal
  http://data.go.id/ offering some official WMS imagery under CC-BY 4.0
  license.
 
  Would that license be enought to be used under JOSM to trace ways and
  POIs for OSM?
 
  Thanks in advance.
  Ivan.
 
 
  ___
  legal-talk mailing list
  legal-talk@openstreetmap.org
  https://lists.openstreetmap.org/listinfo/legal-talk
 


 ___
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 legal-talk@openstreetmap.org
 https://lists.openstreetmap.org/listinfo/legal-talk


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Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Ivan Garcia
Thanks a lot for the answer Simon, really complete.

Ivan.

On Mon, Jul 13, 2015 at 6:31 PM, Simon Poole si...@poole.ch wrote:

 In general the CC-by licences require downstream attribution that we
 can't provide for any sensible meaning of the word, so you will need
 specific permission in any case, the other part is that the 4.0 licences
 try to cater for sui generis databases and, IMHO-only, that comes out
 rather wrong.

 What complicates your specific case even more is that you will find a
 wide range of opinions on if tracing from imagery even creates a
 derivative work (which you need to square with national regulations and
 case law).

 The best action is to sidestep the above mentioned can of worms and try
 and get explicit permission, preferably with

 http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
 (the first two letter templates are missing some key points IMHO and
 while simpler are probably not really enough).

 Note the letter would need some adaptation in your case since we are
 referring to data derived from the imagery, not the imagery itself.

 Simon

 Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
  Hi Simon. Thanks for the answer.
 
  Just an extra quesiton, doesn't a CC-BY license already allows
  derivative work of any kind as long as the author is mentioned? Why
  would an extra permission for that be required?
 
  Best Regards.
  Ivan.
 
  On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole si...@poole.ch
  mailto:si...@poole.ch wrote:
 
  Ivan
 
  The problem is that it is a legal can of worms. I would suggest
 simply
  asking for explicit permission, or at least formal confirmation that
  tracing from the imagery does not create a derivative work and that
 the
  government has no rights in such vectorized data.
 
  It is, as you may have seen from previous discussions, not clear if
 the
  CC 4.0 licences are compatible (with the exception of CC0 naturally)
  with the ODbL and this is likely not an issue that will be resolved
  short term.
 
  Simon
 
  Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
   Hi everybody,
   the government of Indonesia recently opened a Open Data portal
   http://data.go.id/ offering some official WMS imagery under CC-BY
 4.0
   license.
  
   Would that license be enought to be used under JOSM to trace ways
 and
   POIs for OSM?
  
   Thanks in advance.
   Ivan.
  
  
   ___
   legal-talk mailing list
   legal-talk@openstreetmap.org mailto:legal-talk@openstreetmap.org
   https://lists.openstreetmap.org/listinfo/legal-talk
  
 
 
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Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Paul Norman

On 7/13/2015 3:09 AM, Simon Poole wrote:

It is, as you may have seen from previous discussions, not clear if the
CC 4.0 licences are compatible (with the exception of CC0 naturally)
with the ODbL and this is likely not an issue that will be resolved
short term.


To clarify a bit, any CC licenses that are ND or NC are non-open and 
clearly incompatible with the ODbL or any open license. CC BY SA 4.0 is 
currently incompatible, but Creative Commons could change that.


CC BY 2.0, 2.5, and 3.0 are clearly  incompatible, thanks to the 
attribution requirements that can't be met.


CC BY 4.0 has some open questions about compatibility.

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Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-07-13 Thread Kate Chapman
Hi Ivan,

I would suggest getting in touch with Humanitarian OpenStreetMap Team
Indonesia. They could probably help in facilitate of permission.

team...@hotosm.org is the best way to reach them.

Best,

-Kate

On Mon, Jul 13, 2015 at 7:34 AM, Ivan Garcia capisc...@gmail.com wrote:

 Thanks a lot for the answer Simon, really complete.

 Ivan.

 On Mon, Jul 13, 2015 at 6:31 PM, Simon Poole si...@poole.ch wrote:

 In general the CC-by licences require downstream attribution that we
 can't provide for any sensible meaning of the word, so you will need
 specific permission in any case, the other part is that the 4.0 licences
 try to cater for sui generis databases and, IMHO-only, that comes out
 rather wrong.

 What complicates your specific case even more is that you will find a
 wide range of opinions on if tracing from imagery even creates a
 derivative work (which you need to square with national regulations and
 case law).

 The best action is to sidestep the above mentioned can of worms and try
 and get explicit permission, preferably with

 http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
 (the first two letter templates are missing some key points IMHO and
 while simpler are probably not really enough).

 Note the letter would need some adaptation in your case since we are
 referring to data derived from the imagery, not the imagery itself.

 Simon

 Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
  Hi Simon. Thanks for the answer.
 
  Just an extra quesiton, doesn't a CC-BY license already allows
  derivative work of any kind as long as the author is mentioned? Why
  would an extra permission for that be required?
 
  Best Regards.
  Ivan.
 
  On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole si...@poole.ch
  mailto:si...@poole.ch wrote:
 
  Ivan
 
  The problem is that it is a legal can of worms. I would suggest
 simply
  asking for explicit permission, or at least formal confirmation that
  tracing from the imagery does not create a derivative work and that
 the
  government has no rights in such vectorized data.
 
  It is, as you may have seen from previous discussions, not clear if
 the
  CC 4.0 licences are compatible (with the exception of CC0 naturally)
  with the ODbL and this is likely not an issue that will be resolved
  short term.
 
  Simon
 
  Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
   Hi everybody,
   the government of Indonesia recently opened a Open Data portal
   http://data.go.id/ offering some official WMS imagery under
 CC-BY 4.0
   license.
  
   Would that license be enought to be used under JOSM to trace ways
 and
   POIs for OSM?
  
   Thanks in advance.
   Ivan.
  
  
   ___
   legal-talk mailing list
   legal-talk@openstreetmap.org mailto:legal-talk@openstreetmap.org
 
   https://lists.openstreetmap.org/listinfo/legal-talk
  
 
 
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