Re: [OSM-legal-talk] New license status

2009-09-28 Thread Gustav Foseid
On Mon, Sep 28, 2009 at 12:46 PM, Jukka Rahkonen
jukka.rahko...@mmmtike.fiwrote:

 Will all contents of OSM year 2009 database be in public domain first of
 January, 2025?


The database directive gives 15 years of protection for a dump of a
database. As long as the database is updated, the protection period will be
continously renewed.

 - Gustav
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Gustav Foseid
On Tue, Aug 25, 2009 at 11:27 AM, Richard Fairhurst rich...@systemed.netwrote:

 It isn't legal, because the locations are derived from Google Maps.


This is basically a mashup based on Google Maps. I was unaware that Google
have claimed any rights over POIs added in such mashups (Google My Maps or
other sites). Could you provide some more details?

- Gustav
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Gustav Foseid
On Tue, Aug 25, 2009 at 12:18 PM, Joel joelheeth...@gmail.com wrote:

 They do hold the rights to the location of the POIs when based on Google
 maps.


I have tried to find something in their terms that verifies this, but have
not found anything. Could you please be a bit more specific?

Even if the use case is slightly different, see this post by Ed Parsons (and
the comments):
http://www.edparsons.com/2008/10/who-map-is-it-anyway/


 - Gustav
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Re: [OSM-legal-talk] compatibility with CC licenses

2009-03-02 Thread Gustav Foseid
On Mon, Mar 2, 2009 at 8:36 PM, Grant Slater openstreet...@firefishy.comwrote:

 There has been some discussion of adding a tag into the planet.osm
 header detailing that the data is licensed.
 Also adding some contract text on http://planet.openstreetmap.org/ to
 cover our non-eu-database-right friends.


Take a closer look at the use case.

The two first users (the one making the derived database and the one
unzipping it on a FTP server) both distributed the license. The problem here
is the direct link to the modified database and the CTO never seeing the
license text. The first user could of course have put some kind of notice in
the header, but then again he might not.


 - Gustav
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Re: [OSM-legal-talk] compatibility with CC licenses

2009-03-02 Thread Gustav Foseid
On Mon, Mar 2, 2009 at 8:47 PM, Frederik Ramm frede...@remote.org wrote:

 Quoting 4.2 (b)

 [You must] Include a copy of this Licence [...] or
 its Uniform Resource Identifier (URI) [...] both in the Database [...]
 and in any relevant documentation


Sorry, overlooked that.

If this is in the planet.osm (or in my example planet-modified.osm), which
is a machine readable file not intended for manual reading, will this be
anything even close to a valid contract?

 - Gustav
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Re: [OSM-legal-talk] ODbL: incompatibility issues

2009-03-01 Thread Gustav Foseid
On Mon, Mar 2, 2009 at 3:03 AM, Frederik Ramm frede...@remote.org wrote:

 Not so, it turns out; the Produced Work freedom allows us to combine
 OSM data *only* with other data whose license does not prohibit the
 addition of constraints, because ODbL mandates that we add the reverse
 engineering leads to ODbL licensing rule.



I do not read the ODbL this way. I read that only persons bound by the
license/contract are prohibited from reverse engineering. Clarification here
is needed.

 - Gustav
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Re: [OSM-legal-talk] ODbL: Who is the licensor / whose database is it?

2008-12-11 Thread Gustav Foseid
On Thu, Dec 11, 2008 at 4:01 PM, Iván Sánchez Ortega
[EMAIL PROTECTED]wrote:

 Temporary files (or information arranged in memory) in your computer are
 considered databases, so I'd go with option 1.


To be protectec under the database directive, you need to make a
significant investment for the database to be protected. You also need to
be a citizen of a EU or EEA country.

IANAL (could a lawyer please explain whu we keep saying this?)

 - Gustav
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Re: [OSM-legal-talk] Removal of CC-SA-BY licensed data from OSM after ODbL takes effect

2008-12-10 Thread Gustav Foseid
On Wed, Dec 10, 2008 at 5:52 PM, Rob Myers [EMAIL PROTECTED] wrote:

 Would it be possible for CC to offer a licence transition clause for
 large scale open geodata projects in the same way the FSF has
 offered an FDL - BY-SA get out for Wikipedia in the current minor FDL
 revision?


Well... If I am not mistaken, people closely involved with CC have argued
that OSM is in the public domain and only the graphical maps are creative
and covered by copyright. You might call that a transition strategy, if not
a transition clause.

 - Gustav
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Re: [OSM-legal-talk] Removal of CC-SA-BY licensed data from OSM after ODbL takes effect

2008-12-10 Thread Gustav Foseid
On Wed, Dec 10, 2008 at 6:56 PM, Ævar Arnfjörð Bjarmason
[EMAIL PROTECTED]wrote:

 That would entail arguing that map data is uncopyrightable while at
 the same time transitioning the OSM map data to a new copyright
 license. It's not feasible.


Database protection can exists even if copyright does not.

 - Gustav
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Re: [OSM-legal-talk] Starting Repository For Public Domain OSM Data

2008-10-21 Thread Gustav Foseid
On Tue, Oct 21, 2008 at 11:23 AM, Rob Myers [EMAIL PROTECTED] wrote:

 The Wikipedia version is the best current PD Dedication but I really
 would recommend waiting on CC Zero.


CC Zero explicitly mentions database rights, which I think is a good thing,
but I would be ahppy with the Wikipedia dedication as well.


Regards,

Gustav
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Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imageryfor Public Domain Release

2008-10-12 Thread Gustav Foseid
On Sat, Oct 11, 2008 at 1:08 PM, Peter Miller [EMAIL PROTECTED]wrote:

 I am very sure it is not allowed. If it was allowed then Ed would have made
 that clear on any number of occasions recently, notably at SOTM and at
 FOSS.


I have never met Ed, so I will have to do with reading their licenses. It is
not obvious to me, to what extent the various Google licenses limits use of
traces in OSM.

The Google Maps Terms of Service, says You may not copy, reverse engineer,
decompile, disassemble, translate, modify or make derivative works of the
imagery, in whole or in part. If a trace is a derived work, then you are
not allowed to make traces, but I am not sure if that would be aderived
work.

The Google Maps API Terms of Service, says  You may use the API to display
the Content in conjunction with other information You provide to end users.
You may not access, reproduce, or use the Content for any other purpose.
Would background in an editor fall within such usage? I don't know, but they
showcase examples where the API is used for drawing polygons.

The Google Earth License is a bit different, since it is really a license
for a piece of software, more than Terms of Service for a web service. I
have not found anything in the license, restricting the usage of traces you
make with the Google Earth trace tool...



Regards,

Gustav
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Re: [OSM-legal-talk] Which data is public domained?

2008-09-04 Thread Gustav Foseid
On Thu, Sep 4, 2008 at 4:36 PM, Iván Sánchez Ortega
[EMAIL PROTECTED]wrote:

 Nope. Even one single node is subject to copyright... *tracing* (let it be
 on
 top of aerial imagery, or on top of GPS traces) is currently considered an
 intellectual work, so you have IP rights over it. At least in Spanish
 jurisdiction.


Could you please add the relevant references to either
http://wiki.openstreetmap.org/index.php/Case_law or
http://wiki.openstreetmap.org/index.php/Statute_law ?

Given the ECJ view on the database directive in British Horseracing Board vs
William Hill, such a reference would be very interesting.


Regards,

Gustav
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