Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a philosophical point

2010-08-24 Thread SomeoneElse

 On 24/08/2010 11:35, Ed Avis wrote:
... under the proposed ODbL or whether it would technically be in 
breach of the

contract-law provisions
But presumably I as Joe Mapper wouldn't be restricted in going back to 
the OS with a bunch of errors that I've found after comparing what I've 
mapped with what the OS throught was there (on the my data is mine and 
I can licence it however else I like as well principle)?




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


Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a philosophical point

2010-08-23 Thread Jukka Rahkonen
andrzej zaborowski balr...@... writes:

 That's what I think the plan is.  However it is made very difficult by
 the fact that those data providers most likely chose their SA licenses
 in order to be able to use any improvements made on top of their data,
 which we are planning to very soon make impossible for them.  So we
 now approach them and say Hello, can you please grant all these..
 perpetual.. irrevocable.. etc. rights to something called OSMF, and by
 the way you won't be able to use OSM data any more because our new
 license is not compatible with yours.

It may be hard to give something back from OSM to many of the data 
providers. Public domain sources like USGS cannot take the updates 
because they are funded for producing public domain data 
(http://lists.openstreetmap.org/pipermail/dev/2010-July/020016.html). 
Ordance Survey can't take updates because it is also selling licenses 
for commercial use. Thus both the European and American mapping agencies 
have one thing in common, they can't accept updates from OSM community 
but they need to build their own community feed back systems.


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


Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a philosophical point

2010-08-22 Thread David Groom
- Original Message - 
From: 80n 80n...@gmail.com

To: Licensing and other legal discussions. legal-talk@openstreetmap.org
Sent: Sunday, August 22, 2010 6:26 PM
Subject: Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a 
philosophical point



On Sun, Aug 22, 2010 at 5:44 PM, David Groom 
revi...@pacific-rim.netwrote:


Why are we changing the licence?  Well [1] states among other things that 

[CC-BY-SA]  is therefore very difficult to interpret,  and we have 
indeed

seen this situation occur many times when people have asked what can and
can't be done with OSM data, and no definitive answer could be found.

If it was unclear if something was allowed under CC-BY-SA then users of 
our
data were asked to take a cautious approach.  And that seems very 
reasonable
stance to take, even though it resulted in a lower than hoped for use of 
OSM

data. So it was decided that since even the OSM community could not
categorically say how  CC-BY-SA applied to OSM data a licence change was
needed.

Move forward a bit and we start to implement the new licence.  Since we
could not reach consensus on how CC-By-SA applied to our data, it seems
reasonable to assume that we can not assume how CC-BY-SA data applies to
other people data, and therefor to be safe I presume we won't simply be
blindly importing  CC-BY-SA data into OSM.  I presume we will be 
approaching
providers of data that has a CC-BY-SA licence and asking if we can use 
that

data in OSM.  So our permission to use the data will stem not from a
CC-BY-SA licence, but from the explicit permission given by the copyright
holder.

Or am I missing something?

David, CC-BY-SA licensed content is incompatible with ODbL+CT.


CC-BY-SA derived content would not be allowed in an ODbL version of OSM.



80n
Sorry I should have made it clear that I realise that.  As I titled the 
post, it was more a philosophical point that extended beyond the confines of 
the CT's  ODbL.


I suppose where it ovelaps with the discussion on CT  ODbl is where I asked 
if  we will be approaching providers of data that has a CC-BY-SA licence 
and asking if we can use that data in OSM.  So our permission to use the 
data will stem not from a CC-BY-SA licence, but from the explicit permission 
given by the copyright holder.  As such it then wouldn't  matter if 
CC-BY-SA were incompatible eith the CT  ODbL as we would not be relying on 
the CC-BY-SA licence, but rather on the explicit permisison.


David


80n





Furthermore if we don't approach CC-BY-SA providers and ask if we can use
their data, then we are using it by virtue of the fact it is CC-BY-SA, 
and

surely the CC-BY-SA permissions flow though into the OSM data. In which
case nothing has been gained from the licence change process as the same
permissions which were there before (and were difficult to interpret) 
still

exist.

Apologies if this has been discussed before, but I cant see anything 
about

it on the implementation plan [2]

David


[1]
http://www.osmfoundation.org/wiki/License/We_Are_Changing_The_License#Why_are_we_changing_the_license.3F

[2]
http://wiki.openstreetmap.org/wiki/Open_Database_License/Implementation_Plan







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


Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a philosophical point

2010-08-22 Thread 80n
On Sun, Aug 22, 2010 at 7:50 PM, David Groom revi...@pacific-rim.netwrote:

 - Original Message - From: 80n 80n...@gmail.com
 To: Licensing and other legal discussions. legal-talk@openstreetmap.org
 
 Sent: Sunday, August 22, 2010 6:26 PM
 Subject: Re: [OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a
 philosophical point



  On Sun, Aug 22, 2010 at 5:44 PM, David Groom revi...@pacific-rim.net
 wrote:

  Why are we changing the licence?  Well [1] states among other things that
 
 [CC-BY-SA]  is therefore very difficult to interpret,  and we have
 indeed
 seen this situation occur many times when people have asked what can and
 can't be done with OSM data, and no definitive answer could be found.

 If it was unclear if something was allowed under CC-BY-SA then users of
 our
 data were asked to take a cautious approach.  And that seems very
 reasonable
 stance to take, even though it resulted in a lower than hoped for use of
 OSM
 data. So it was decided that since even the OSM community could not
 categorically say how  CC-BY-SA applied to OSM data a licence change was
 needed.

 Move forward a bit and we start to implement the new licence.  Since we
 could not reach consensus on how CC-By-SA applied to our data, it seems
 reasonable to assume that we can not assume how CC-BY-SA data applies to
 other people data, and therefor to be safe I presume we won't simply be
 blindly importing  CC-BY-SA data into OSM.  I presume we will be
 approaching
 providers of data that has a CC-BY-SA licence and asking if we can use
 that
 data in OSM.  So our permission to use the data will stem not from a
 CC-BY-SA licence, but from the explicit permission given by the copyright
 holder.

 Or am I missing something?

 David, CC-BY-SA licensed content is incompatible with ODbL+CT.


 CC-BY-SA derived content would not be allowed in an ODbL version of OSM.


 80n
 Sorry I should have made it clear that I realise that.  As I titled the
 post, it was more a philosophical point that extended beyond the confines of
 the CT's  ODbL.


David, I know that you realise that.  I just wanted to clarify this for the
benefit of others reading this thread who may not have the detailed
background knowledge or stumble on this thread out of context.



 I suppose where it ovelaps with the discussion on CT  ODbl is where I
 asked if  we will be approaching providers of data that has a CC-BY-SA
 licence and asking if we can use that data in OSM.  So our permission to use
 the data will stem not from a CC-BY-SA licence, but from the explicit
 permission given by the copyright holder.  As such it then wouldn't  matter
 if CC-BY-SA were incompatible eith the CT  ODbL as we would not be relying
 on the CC-BY-SA licence, but rather on the explicit permisison.

 David


  80n




  Furthermore if we don't approach CC-BY-SA providers and ask if we can use
 their data, then we are using it by virtue of the fact it is CC-BY-SA,
 and
 surely the CC-BY-SA permissions flow though into the OSM data. In which
 case nothing has been gained from the licence change process as the same
 permissions which were there before (and were difficult to interpret)
 still
 exist.

 Apologies if this has been discussed before, but I cant see anything
 about
 it on the implementation plan [2]

 David


 [1]

 http://www.osmfoundation.org/wiki/License/We_Are_Changing_The_License#Why_are_we_changing_the_license.3F

 [2]

 http://wiki.openstreetmap.org/wiki/Open_Database_License/Implementation_Plan






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

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