Re: [OSM-legal-talk] New license status
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] wikitude content
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] wikitude content
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] compatibility with CC licenses
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] compatibility with CC licenses
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] ODbL: incompatibility issues
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] ODbL: Who is the licensor / whose database is it?
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of CC-SA-BY licensed data from OSM after ODbL takes effect
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Removal of CC-SA-BY licensed data from OSM after ODbL takes effect
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Starting Repository For Public Domain OSM Data
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imageryfor Public Domain Release
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Which data is public domained?
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 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk