Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
sent from a phone > On 2. Dec 2020, at 11:15, Nick Whitelegg wrote: > > I don't have any terms of service - as a non-profit/research project it's all > quite informal consider setting up some simple terms, even short ones, where you deny all responsibility, liability and guarantee and reserve the right to do anything and without notice. Just in case. Cheers Martin ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
Hello Frederik, OK - thanks for that. That clears things up quite nicely I think. I have too many "day job" obligations at the moment to set it up as a business, but the thought has crossed my mind for the future. Thanks, Nick On Wed, Dec 2, 2020 at 12:03 PM Frederik Ramm wrote: > Hi, > > On 02.12.20 09:49, Nick Whitelegg wrote: > > As I said I am paying for this out of my own money and do not want the > > storage space to be used for purposes other than panos of walking trails. > > I think you have already done *much* more than can be expected of you. I > would have removed the data long ago. Or, if you are in a business-y > mood, offer to keep their images if they pay you some money - depending > on what their use-case and expertise is, it might be cheaper for them to > pay you than to run things themselves. If you're lucky, it pays for the > whole server and then some. > > That of course then puts you in a situation where you will have some > obligations, and you'd need to explain to them that they can't expect > you to fix a bug on Christmas Eve. Which is likely going to be ok for > them, since at the moment they rely on a service that could delete their > images for good any time ;) > > Bye > Frederik > > -- > Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" > > ___ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk > ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
Hello Martn, I believe I 'probably' don't have any obligation, but I am just being cautious as we do appear to live in a very litigious world and I just want to be safe. It's a case of whether there is some automatic 'implied rights' for users when there are no terms of service. I don't have any terms of service - as a non-profit/research project it's all quite informal - just some comments that 'unsuitable' panoramas, or panoramas containing faces and license plates which are not detected by the screening software I use - may be removed. Recently (after this) I have added a comment on road panoramas being liable to be removed if unlikely to be of interest to walkers. Thanks, Nick On Wed, Dec 2, 2020 at 11:44 AM Martin Koppenhoefer wrote: > IANAL, but why do you believe you could have any obligation to host their > content on your server? > > Do you have terms of service? > > Cheers > Martin > ___ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk > ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
Dec 2, 2020, 09:49 by nickw4...@gmail.com: > I have contacted the company asking them if it was OK to delete their > panoramas (as the content is arguably 'inappropritate' for a walking-oriented > site) nd they replied to me, in a friendly and cooperative way, saying they > would setup their own 'local' OpenTrailView server by November 13th. I since > contacted them to confirm whether they had done this (twice) but have not > heard back. > > With this in mind, given it's my own server (well technically I rent the > space from a hosting provider, but you know what i mean) and given I've sent > several emails to them, will it be OK legally for me to remove their > panoramas? > Disclaimer: I am not a lawyer. As far as I know, you can delete offtopic content from your service. I routinely delete offtopic content from OSM Telegram channel[1]. Any place on internet allowing submissions must moderate content or will turn into a garbage dump. It may be also a good idea to have terms of service reminding that you can delete anything for any reason whatsoever. Bonus disclaimer: I can imagine cases where deletions would be legally problematic (running into laws about discrimination or anti-monopoly laws) but I cannot imagine anything applying here. [1] Typically bitcoin scams spam, but sometimes something more boderline. > As I said I am paying for this out of my own money and do not want the > storage space to be used for purposes other than panos of walking trails. > Delete if you want. Note that giving warning was not necessary, as far as I know deletion without warning is completely fine. ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
Hi, On 02.12.20 09:49, Nick Whitelegg wrote: > As I said I am paying for this out of my own money and do not want the > storage space to be used for purposes other than panos of walking trails. I think you have already done *much* more than can be expected of you. I would have removed the data long ago. Or, if you are in a business-y mood, offer to keep their images if they pay you some money - depending on what their use-case and expertise is, it might be cheaper for them to pay you than to run things themselves. If you're lucky, it pays for the whole server and then some. That of course then puts you in a situation where you will have some obligations, and you'd need to explain to them that they can't expect you to fix a bug on Christmas Eve. Which is likely going to be ok for them, since at the moment they rely on a service that could delete their images for good any time ;) Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
IANAL, but why do you believe you could have any obligation to host their content on your server? Do you have terms of service? Cheers Martin ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
[OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site
Hello everyone, Apologies - this is not directly related to OpenStreetMap itself but is related to a site of mine which uses OpenStreetMap data so I thought I'd post my question here to get opinions. I have been developing a site OpenTrailView (https://opentrailview.org) to collect 360 panoramas of walking and hiking routes. OSM data is used to connect the panoramas together. The site has always advertised itself as a site to collect panos of *walking* routes - however a company has used the site to upload a large number of panoramas of on-road routes. My problem with this is that it's using up server space on a server that I pay for out of my own money. I have contacted the company asking them if it was OK to delete their panoramas (as the content is arguably 'inappropritate' for a walking-oriented site) nd they replied to me, in a friendly and cooperative way, saying they would setup their own 'local' OpenTrailView server by November 13th. I since contacted them to confirm whether they had done this (twice) but have not heard back. With this in mind, given it's my own server (well technically I rent the space from a hosting provider, but you know what i mean) and given I've sent several emails to them, will it be OK legally for me to remove their panoramas? Likely legislation would be Germany as that is where the server is based, or possibly UK because that is where I am based most of the time, As I said I am paying for this out of my own money and do not want the storage space to be used for purposes other than panos of walking trails. Thanks, Nick ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk