Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-27 Thread Paul Norman
> From: Stephan Knauss [mailto:o...@stephans-server.de]
> Subject: Re: [OSM-legal-talk] Imagery license clarification needed
> 
> Not understanding what the definition of LIDP is makes it so difficult
> for me to understand the license.
> Martin replied earlier and he did interpret it as not suitable for OSM.

You can't really interpret part of a license. LIDP is probably a term 
defined elsewhere. I doubt a tracing is a LIDP, on the other hand, I don't 
see permission for non-literal imagery derived products (IDPs).

> > Can you provide the full license so that we can see what the classify
> > tracings as?
> Unfortunately that was all license text available. It comes from HOT
> context. I noticed that a lot of imagery and data available for that
> humanitarian context comes with a clear non-commercial clause.

I checked the HOT tasking manager and the license presented to users can 
be found at http://tasks.hotosm.org/license/1 (OSM OAuth signin required)
but the usage terms refer to the "NextView (NV) License)" and it's not 
clear if that's the same as the usage terms.

I've cc'ed hot@ because they should be able clear up these confusions. 


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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-27 Thread Stephan Knauss

On 26.08.2013 00:14, Paul Norman wrote:

I worry:
OSM data can be used for any purpose, including commercial ones. The
license above explicitly forbids commercial gain: "At no time should
this imagery or LIDP be used for other than USG-related purposes and
must not be used for commercial gain".

Will it harm OSM if we have larger scale data from this source included
in the database?


Without a link to the full license it's impossible to interpret, but if a
LIDP was something like a reprojection or other transform of the imagery,
it would not necessarily be an issue.


Not understanding what the definition of LIDP is makes it so difficult 
for me to understand the license.

Martin replied earlier and he did interpret it as not suitable for OSM.


Can you provide the full license so that we can see what the classify
tracings as?
Unfortunately that was all license text available. It comes from HOT 
context. I noticed that a lot of imagery and data available for that 
humanitarian context comes with a clear non-commercial clause.


I worry this is tainting the database. Do the data donors know that data 
stays in the OSM database even after the humanitarian incident is 
resolved and can (and will) be used for commercial purposes?


Stephan


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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Paul Norman
> From: Stephan Knauss [mailto:o...@stephans-server.de]
> Sent: Sunday, August 25, 2013 11:33 AM
> To: legal-talk@openstreetmap.org
> Subject: [OSM-legal-talk] Imagery license clarification needed
> 
> Hello,
> 
> I need some help in understanding a license for using imagery.
> 
> Is a license called "NextView" compatible with OSM contributor terms
> (and ODbL)?
> 
> My understanding of "Literal Imagery Derived Products" is that this is
> the vector data we create by tracing from imagery. I'm a bit uncertain
> about the exact meaning. I'm no native speaker and have problems
> translating the word "literal" in combination with "Imagery".
> 
> ...
> 
> I worry:
> OSM data can be used for any purpose, including commercial ones. The
> license above explicitly forbids commercial gain: "At no time should
> this imagery or LIDP be used for other than USG-related purposes and
> must not be used for commercial gain".
> 
> Will it harm OSM if we have larger scale data from this source included
> in the database?

Without a link to the full license it's impossible to interpret, but if a
LIDP was something like a reprojection or other transform of the imagery, 
it would not necessarily be an issue.

Can you provide the full license so that we can see what the classify 
tracings as?

All that's clear from your extract is that you couldn't charge someone to 
view the imagery. That doesn't imply anything for the data you create from
it. 
You probably couldn't get paid to trace from it either, but I'm not 100%
sure of that.


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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Martin Koppenhoefer
2013/8/25 Stephan Knauss 

> The license text says:
> “ The party receiving the data cannot share the imagery or LIDP with a
> third party without express permission from the USG. At no time should this
> imagery or LIDP be used for other than USG-related purposes and must not be
> used for commercial gain. The copyright information should be maintained at
> all times. Your acceptance of these license terms is implied by your use.”
>
> Later it's suggested:
> "In other words, you may only use NextView imagery linked from this site
> for digitizing OpenStreetMap data for humanitarian purposes."
>


doesn't look as if data from this source can be in the same database as OSM
data and be published (not compatible with ODbL) .

cheers,
Martin
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[OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Stephan Knauss

Hello,

I need some help in understanding a license for using imagery.

Is a license called "NextView" compatible with OSM contributor terms 
(and ODbL)?


My understanding of "Literal Imagery Derived Products" is that this is 
the vector data we create by tracing from imagery. I'm a bit uncertain 
about the exact meaning. I'm no native speaker and have problems 
translating the word "literal" in combination with "Imagery".


The license text says:
“This data is licensed for use by the US Government (USG) under the 
NextView (NV) license and copyrighted by Digital Globe or GeoEye. The NV 
license allows the USG to share the imagery and Literal Imagery Derived 
Products (LIDP) with entities outside the USG when that entity is 
working directly with the USG, for the USG, or in a manner that is 
directly beneficial to the USG. The party receiving the data can only 
use the imagery or LIDP for the original purpose or only as otherwise 
agreed to by the USG. The party receiving the data cannot share the 
imagery or LIDP with a third party without express permission from the 
USG. At no time should this imagery or LIDP be used for other than 
USG-related purposes and must not be used for commercial gain. The 
copyright information should be maintained at all times. Your acceptance 
of these license terms is implied by your use.”


Later it's suggested:
"In other words, you may only use NextView imagery linked from this site 
for digitizing OpenStreetMap data for humanitarian purposes."


I worry:
OSM data can be used for any purpose, including commercial ones. The 
license above explicitly forbids commercial gain: "At no time should 
this imagery or LIDP be used for other than USG-related purposes and 
must not be used for commercial gain".


Will it harm OSM if we have larger scale data from this source included 
in the database?



Stephan


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