Re: [OSM-legal-talk] feedback requested

2011-12-25 Thread Dermot McNally
On 25 December 2011 21:05, Frederik Ramm  wrote:

> On Sun, 25 Dec 2011 13:48:24 +

>> 4. Well-meaning new (therefore agreeing) mapper sees the node, notices
>> the cuisine tag in the history and reapplies it without having
>> personal knowledge to back this up. odbl=clean is still set.
>
> To me, this is on par with "well-meaning new mapper copies data from
> Google believing it is ok". It is something where we have to make a
> good effort to explain to people that they shouldn't do it, and if it
> turns out somebody has misunderstood, or made a mistake, then we have
> to fix that.
>
> I don't see *many* people using history to look for extra features to
> re-animate.

OK, that's fine by me - I like that answer, because it allows us to
respect odbl=clean in all cases. I also agree that anybody rummaging
in the history for lost tags can be expected to know better than to
re-animate tainted tags.

Dermot

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Re: [OSM-legal-talk] feedback requested

2011-12-25 Thread Dermot McNally
On 24 December 2011 23:03, Frederik Ramm  wrote:

> Dermot McNally  wrote:

>> Another mapper walks by, notices that the place is a pizzeria and adds
>> back an identical tag. Are we clean or dirty now?
>
> Dirty, because the very same situation could arise with a non-agreeing
> mapper adding "cuisine=pizza", the agreeing mapper "cleaning" the
> object and a third mapper reverting that last action. I have no way of
> telling apart a revert to the non-agreeing mapper's version and a true
> remapping from original sources. I'm open to suggestions but I can't
> see an easy way out.

Yes, I see the problem - I pose the question because it's interesting
given that the desired end-game is a node that is both clean _and_ has
cuisine=pizza. But you go on to cover this case...

> These changes carry with them the slight complication that they make
> tainted-ness dependent on the current version of the way. This means
> that an object that was previously untainted could now become tainted
> again, by exactly the process that you outline above (re-adding of the
> cuisine tag). That would be a very good use case for odbl=clean, or
> maybe we could introduce something that users can place in their
> changeset comment saying "all edits in this changeset are remapping
> from original sources", or we could even say: Whenever the changeset
> has a source tag we consider this to be original sources...

This was the issue I had in mind, and yes, odbl=clean will fix it. For
anybody who hasn't read the LWG minutes, LWG is in favour of
respecting odbl=clean come the switchover phase. We've asked for
community feedback on this (and on the principle that
moving-nodes-cleans-their-position, which we also favour) since we
want the decision to be an accountable one having regard to all valid
legal and ideological points that should be considered.

Now for a horrid twist to the thought experiment - odbl=clean is, as
you have described its use above, a nice solution to the problem of
wanting to cleanly reapply cuisine=pizza without wiping history. But
what if things happen like this?:

1. Agreeing mapper maps the restaurant and names it
2. Non-agreeing mapper adds the cuisine tag
3. Agreeing mapper removes the cuisine tag and sets odbl=clean. He or
she does not have enough information to assert the cuisine tag and
chooses, on balance, to lose the tag for now.
4. Well-meaning new (therefore agreeing) mapper sees the node, notices
the cuisine tag in the history and reapplies it without having
personal knowledge to back this up. odbl=clean is still set.

This is very similar to the case where the cuisine tag is reapplied
without us having odbl=clean set. Certainly, we can point out that we
expect good faith and due diligence from mappers. But if we are
prepared to consider the object clean in this case, why not also in
the case where the cuisine tag has just had a temporary "holiday" from
the object even if odbl=clean has not been set?

Dermot


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Re: [OSM-legal-talk] feedback requested

2011-12-24 Thread Dermot McNally
On 24 December 2011 19:32, Frederik Ramm  wrote:

> I have prepared changes to the OSMI map that allow me to
>
> * treat untagged nodes as clean if moved by an agreeing mapper

Nice

> * treat any tags contributed by a non-agreeing mapper as harmless if
>  these tags are not present any more in the current version

Also nice - two clarifications would be useful, if you could briefly give them:

1. This would, I suppose, mean that a formerly "tainted" node which
has both been moved and stripped of any "tainted" tags would also be
considered clean. Is this so, or is the moved node rule implemented as
a special case that can only every apply to untagged nodes?

2. Consider the case of a node that is mapped by an agreeing mapper as
a restaurant. A non-agreeing mapper comes along and adds
cuisine=pizza. An agreeing mapper "cleans" the object by removing this
tag. Time passes...

Another mapper walks by, notices that the place is a pizzeria and adds
back an identical tag. Are we clean or dirty now?

> * treat any nodes added to a way by a non-agreeing mapper as harmless
>  if these nodes are not present any more in the current version of
>  the way

Excellent. So this will have the effect of ignoring the edit by the
non-agreeing mapper in the _way's_ history, right?


Thanks for the clarifications. Indeed, thanks for this awesome resource.
Dermot

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Re: [OSM-legal-talk] Are objects still tainted when they are edited from a better source ?

2011-12-15 Thread Dermot McNally
On 15 December 2011 15:17, Jean-Marc Liotier  wrote:

> When I use high-resolution imagery to improve areas formerly mapped from
> low-resolution imagery, I change the source tag on the objects I touch -
> i.e. from "Yahoo low resolution satellite" to "Microsoft Bing satellite".
> Since my edit is correlated with a change of source, can it still be
> considered as a tainted derivative ?

What you describe seems to me a reasonable argument for considering
the _geometry_ clean. In particular, many of us are strongly of the
view that an untagged node which is moved can be deemed clean by
virtue of the fact that no aspect of the node endures from any
previous unclean state. You haven't indicated whether, in these cases,
you would have moved every single node, though that seems not to be
the main weakness in your scenario...

What about non-geometric aspects of the way? Perhaps it has a name, a
highway type, a lanes tag or whatever. If these tags have a clean
history, once again, I would be in favour of considering the object
clean. But you can't really deem the entire way clean just by
recreating the geometry if you also retain unclean tags.

Dermot


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Re: [OSM-legal-talk] Copyprotection for OSM based material

2011-11-25 Thread Dermot McNally
On 25 November 2011 11:07, Nic Roets  wrote:

> I will go even further and say this is already happening by people who have
> already agreed to the ODbL. (Should I point out the examples that I know of
> ?)

From where we stand now, they are doing nothing wrong, since ODbL does
not yet apply to the database. Now, you can of course claim that what
those people are doing now represents a good indication of intent for
when ODbL does kick in...

Dermot

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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-17 Thread Dermot McNally
On Friday, 17 June 2011, Olaf Schmidt-Wischhöfer  wrote:

> Please note that the CT do not guarantee a 2/3 majority of the community. Only
> a part of the community is entitled to vote.

I read your other mail on that topic. I don't personally have any
objection to addressing weaknesses in the definition of "active
contributor". Given the likely slight impact on the outcome of any
vote I wouldn't even object to including a time-limited right to vote
for all past contributors (though see below), though we would need to
be careful then about whether we would require 66% of former
contributors to say yes or just 66% of those who ultimately cast a
vote. The former would become unworkable as more and more inactive
mappers became unreachable.

As to the definition of "former contributor" - in a post-CT-adoption
OSM that would probably mean excluding those never to have agreed to
the CT (in other words, restrict voting rights to those who still have
data in OSM). It remains to be seen whether the difference will prove
a significant one.

> Shortly after I wrote these words, a respected community member attacked me as
> being "blinded by ideology". He never apologised, and no one contradicted him.
> This personal attack is the main reason why I am now completely unwilling to
> accept the CT as long as I see peoblems in it.

With reference to Rob's reply on this issue, and assuming his quote to
be in-context (it certainly matches my recollection), I agree with his
interpretation. The quote does not attack you as "blinded by
ideology". As such, that post, which I also agree to be well-argued,
should have no bearing on your attitude to CT.

Dermot

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Re: [OSM-legal-talk] data derived from UK Ordnace Survey

2011-06-16 Thread Dermot McNally
On 16 June 2011 11:00, Frederik Ramm  wrote:

> Does that not effectively rule out any future relicensing because the burden
> of checking existing data is just too high? I mean, how would one even
> *begin* to perform such a check, given that nobody is actually obliged to
> tell us what license restriction his externally-sourced data might be under?

Not quite, based on what Richard is saying. It would allow future
relicensing but only if the new licence remained compatible with the
terms seen to be required by the OS (currently attribution, if I've
understood correctly).

It's an unfortunate limitation, certainly, but not quite the same as
condemning us to ODbL or CC forever.

Dermot

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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-07 Thread Dermot McNally
On 7 June 2011 15:20, Anthony  wrote:

> "Of 8,402,321 people eligible to vote, 8,357,560, or 99.5%, cast
> ballots--8,348,700 of which favored Hussein, the government said.
> There were 5,808 spoiled ballots."

Luckily our licence vote is more transparent. Details on who said yes
and no are available, so any irregularities will easily be found.
Happy hunting!

Dermot

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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-07 Thread Dermot McNally
On 7 June 2011 14:35, Anthony  wrote:

> A 2/3 majority of what?  When was a poll held?

Your next paragraph suggests that you know when.

> Do you really think it's a valid poll where, for months, you're only
> allowed to say yes, and then even after you're allowed to say no, you
> can switch your mind until the answer is yes (at which point you can't
> change it back)?

Yes, I do. And the numbers suggest that most people agree with me.

> This is besides the fact that the question being asked is not the
> right question in the first place.

It is up to those asking the question to determine what question they
would like to have answered. In this case, the people asking for a
mandate to change the licence/copyright terms of the database we host
are those directly involved in the hosting of said database. They have
a right and duty to consider these issues and the mandate they seek
will not prevent any of us from making use of today's data set in any
way we were already permitted to do so.

> And besides the fact that I haven't been allowed to vote.

In the old days they might have been plucking chickens and boiling up
the tar. These days antisocial behaviour just gets you banned.

> There was no vote.

Over 32000 mappers have agreed to a proposal. 387 have disagreed. If
you choose not to consider this a vote, fair enough, but any longtime
readers have had plenty of chances to form an opinion of your brand of
logic.

Dermot



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Re: [OSM-legal-talk] CTs are not full copyright assignment

2011-06-07 Thread Dermot McNally
On Tuesday, 7 June 2011, Ed Avis  wrote:

>
> The process is pretty simple really:
>
> - decide what licence you want without bothering to hold a vote

A lot of thought and consultation went into the proposed licence and
polls were taken to back up the conclusions. Of course, the fact that
the process took years has led to plenty of mappers who can claim not
to have been asked. They've all been asked now, though, and the
results speak for themselves.

> - get everyone to sign up to new contributor terms allowing that licence

Indeed. Asking people seems like an excellent way to address your "no
vote" concern.

>
> - block anyone who says no from contributing
>
> and presto! you have your 2/3 majority of active contributors.

Such an approach could possibly work, albeit at the cost of losing the
community if the community held the process to be unfair. The fact is,
though, that people who said no have not yet been blocked from
contributing and the 2/3 majority has already been reached. The wrong
kind of majority, perhaps?

I'm reminded of an argument I was drawn into at the Munich Oktoberfest
last year. Smoking is now banned indoors in Bavaria, and one chap, who
claimed to be a lawyer, was intent on having a smoke regardless. He
considered the law undemocratic. It had been brought in by a
referendum forced on the government by a citizen's petition. The
referendum was carried. This guy reasoned that lots of smokers
abstained from voting because the result was a foregone conclusion,
therefore a non-democratic result.

How shall we define democracy in OSM? I'm heavily drawn to a model
where the course of action endorsed by 99% of those voting can be
deemed legitimate.

Dermot



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