Re: [OSM-legal-talk] A simplification of the agreement on?the?signup page.

2009-03-02 Thread Simon Ward
On Mon, Mar 02, 2009 at 05:05:00AM +, Jukka Rahkonen wrote:
> > This needs a safeguard to allow for email addresses temporarily not
> > working.  I’m not even sure this is the right thing to do anyway.  It’s
> > far safer getting rid of a user’s data than it is assuming ownership of
> > it.
> 
> Some day I die. Should I take my OSM data with me, or try to re-activate my
> e-mail account pretty soon then?

Yes and no.  You could change that by giving licence to OSM to do
whatever they wish with your data after your death.  Have you written
your will yet? :)  Or, you could indicate that you allow your data to be
licensed as the OSM community sees fit now.  This is really your choice,
and not something to be forced by the licence.

Much more idealistically, copyright and database right terms would be
reduced and measured from the date of publication.  Every work becomes
public domain in a reasonable amount of time, and everyone gets to make
use of it, regardless of whether the authors disappear.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


signature.asc
Description: Digital signature
___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-02 Thread Rob Myers
On Sun, Mar 1, 2009 at 11:37 PM, Simon Ward  wrote:
> On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote:
>> Creative Commons license (by-sa). or under the ODbL. If you choose not to
>> give us your email address, or your email address stops working, you
>> waive all right to ownership of your edits.
>
> This needs a safeguard to allow for email addresses temporarily not
> working.  I’m not even sure this is the right thing to do anyway.  It’s
> far safer getting rid of a user’s data than it is assuming ownership of
> it.

GPL-licenced Free Software projects can use two safeguards against
losing track of contributors.

Firstly, licencing code under "Version X or later" of the GPL. CC's
licences include this option automatically in the licence itself as
the "upgrade clause". With the GPL, you trust that Stallman won't
suddenly decide that the GPL needs to give everyone's code to
Microsoft for their proprietary use, with the CC licences they
explicitly state that the new licence must have only the same modules
as the existing licence.

Secondly, getting copyright assignments from contributors.

I can't see OSM going for assignment (of whatever rights), but
accepting contributions under "version X or later of the licence"
would allow OSM to take advantage of version 5 of the ODbL to handle
the WIPO Universal Database Copyright Act of 2030.

- Rob.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Jukka Rahkonen
Simon Ward  writes:

> 
> On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote:
> > Creative Commons license (by-sa). or under the ODbL. If you choose not to 
> > give us your email address, or your email address stops working, you 
> > waive all right to ownership of your edits.
> 
> This needs a safeguard to allow for email addresses temporarily not
> working.  I’m not even sure this is the right thing to do anyway.  It’s
> far safer getting rid of a user’s data than it is assuming ownership of
> it.
> 
> Simon

Some day I die. Should I take my OSM data with me, or try to re-activate my
e-mail account pretty soon then?





___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Simon Ward
On Sun, Mar 01, 2009 at 07:22:36PM -0500, Russ Nelson wrote:
> Why?  If the owner of the data ever shows up, they can 1) agree to any  
> changes in the license, or 2) ask to have their data removed.  I don't  
> see much value in removing the data now on the chance that we might have 
> to remove it later.

Conversely, if the author ever shows up in the situation where their
data has been removed because sufficient rights were not determined,
they can resubmit the data with terms compatible with OSM.  Of course,
this assumes they still have that data.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


signature.asc
Description: Digital signature
___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Russ Nelson
I see your point.  Data potentially infringing if removed now could be  
recreated now, making later bookkeeping easier.


On Mar 1, 2009, at 7:33 PM, Frederik Ramm wrote:


Hi,

Russ Nelson wrote:
I don't see much value in removing the data now on the chance that  
we might have

to remove it later.


Viral licenses are called viral for a reason. If you have to remove
something it is always good to do so before it has infected a lot of
other things.

Or more practical, if someone draws the basic road grid for a city  
in a
day and you remove it BEFORE everyone else has built on top of that,  
you

lose only a day's work; if you remove it half a year later (and remove
everything that can be said to be derived from it), then you might  
lose

a lot more.

Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09"  
E008°23'33"


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


--
Russ Nelson - http://community.cloudmade.com/blog - 
http://wiki.openstreetmap.org/wiki/User:RussNelson
r...@cloudmade.com - http://openstreetmap.org/user/RussNelson

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Frederik Ramm
Hi,

Russ Nelson wrote:
> I don't see much value in removing the data now on the chance that we might 
> have 
> to remove it later.

Viral licenses are called viral for a reason. If you have to remove 
something it is always good to do so before it has infected a lot of 
other things.

Or more practical, if someone draws the basic road grid for a city in a 
day and you remove it BEFORE everyone else has built on top of that, you 
lose only a day's work; if you remove it half a year later (and remove 
everything that can be said to be derived from it), then you might lose 
a lot more.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Russ Nelson


On Mar 1, 2009, at 6:37 PM, Simon Ward wrote:


On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote:
Creative Commons license (by-sa). or under the ODbL. If you choose  
not to

give us your email address, or your email address stops working, you
waive all right to ownership of your edits.


This needs a safeguard to allow for email addresses temporarily not
working.  I’m not even sure this is the right thing to do anyway.   
It’s
far safer getting rid of a user’s data than it is assuming ownership  
of

it.


Why?  If the owner of the data ever shows up, they can 1) agree to any  
changes in the license, or 2) ask to have their data removed.  I don't  
see much value in removing the data now on the chance that we might  
have to remove it later.


--
Russ Nelson - http://community.cloudmade.com/blog - 
http://wiki.openstreetmap.org/wiki/User:RussNelson
r...@cloudmade.com - http://openstreetmap.org/user/RussNelson

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Russ Nelson


On Mar 1, 2009, at 12:46 PM, Philipp Klaus Krause wrote:


Russ Nelson schrieb:

[...], or your email address
stops working, you waive all right to ownership of your edits.


Probably about as legally binding as posting a note on the site that
says "By reading this you agree to sacrifice your firstborn to the  
OSMF".


Nothing is perfect, nothing is absolute.  You could have an airplane  
crash on your house and kill you in your sleep.  That is no reason to  
fail to make plans for tomorrow, or to take clear steps towards  
solving a problem.  Yes, it probably has problems under copyright laws  
which recognize inalienable authorship rights, but the author would  
have to show or prove authorship.  It's a reasonable standard to  
require ownership of an email address to prove ownership of the  
copyrighted work.  In order to lose your ownership rights under this  
standard, you would have to 1) forget your password AND 2) not be able  
to receive email at the email address.  Yes, somebody could come along  
later and propose a different standard.


--
Russ Nelson - http://community.cloudmade.com/blog - 
http://wiki.openstreetmap.org/wiki/User:RussNelson
r...@cloudmade.com - http://openstreetmap.org/user/RussNelson

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Simon Ward
On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote:
> Creative Commons license (by-sa). or under the ODbL. If you choose not to 
> give us your email address, or your email address stops working, you 
> waive all right to ownership of your edits.

This needs a safeguard to allow for email addresses temporarily not
working.  I’m not even sure this is the right thing to do anyway.  It’s
far safer getting rid of a user’s data than it is assuming ownership of
it.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


signature.asc
Description: Digital signature
___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk