Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Kathleen Lu via legal-talk
At least in English,
"not reuse the Information in a way that suggests that it is official or
that Licensor approves your use of the Information;
take all reasonable steps to ensure that the uses permitted above do not
mislead others and that the Information itself is not misrepresented."
reads as a trademark clause, which has always been okay and compatible.
-Kathleen

On Tue, Jul 14, 2020 at 8:42 AM Martin Koppenhoefer 
wrote:

>
>
> sent from a phone
>
> > On 14. Jul 2020, at 15:28, Mateusz Konieczny 
> wrote:
> >
> > Maybe they assume that it is covered
> > anyway by moral rights?
> >
> > But ODBL waives moral rights if allowed
> > by law,
> > it attempts to block asserting such claims,
> > and so on.
> >
> > Disclaimer: I am not a lawyer etc
>
>
> neither am I, just wondering up to which level contradictions and
> uncertainties in licensing terms are still ok for OpenStreetMap and when
> it’s too much.
>
> Cheers Martin
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Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer


sent from a phone

> On 14. Jul 2020, at 15:28, Mateusz Konieczny  wrote:
> 
> Maybe they assume that it is covered
> anyway by moral rights?
> 
> But ODBL waives moral rights if allowed
> by law,
> it attempts to block asserting such claims,
> and so on.
> 
> Disclaimer: I am not a lawyer etc


neither am I, just wondering up to which level contradictions and uncertainties 
in licensing terms are still ok for OpenStreetMap and when it’s too much.

Cheers Martin 
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Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Mateusz Konieczny via legal-talk



14 Jul 2020, 14:54 by dieterdre...@gmail.com:

>
>
> sent from a phone
>
>
>> On 14. Jul 2020, at 12:40, Mateusz Konieczny via legal-talk 
>>  wrote:
>>
>> Such data is incompatible with
>> OSM requirements, must not be
>> imported, must be removed as
>> copyright violation if added already.
>>
>
>
> on the plus side there is a declaration of the license steward that the 
> license is compatible with the ODbL.
>
Maybe they assume that it is covered
anyway by moral rights?

But ODBL waives moral rights if allowed
by law,
it attempts to block asserting such claims,
and so on.

Disclaimer: I am not a lawyer etc___
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Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer


sent from a phone

> On 14. Jul 2020, at 12:40, Mateusz Konieczny via legal-talk 
>  wrote:
> 
> Such data is incompatible with
> OSM requirements, must not be
> imported, must be removed as
> copyright violation if added already.


on the plus side there is a declaration of the license steward that the license 
is compatible with the ODbL.
I’ve found this document which indicates the compatibility is “likely ok”
https://www.jlis.it/article/downloadSuppFile/5461/271

licence in question is the IODL 1 and 2.


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Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Mateusz Konieczny via legal-talk

14 Jul 2020, 11:37 by dieterdre...@gmail.com:
> Can we guarantee that the contained information is not "misrepresented"?
>
No. ODBL has no such restrictions.

Therefore OSM data can be used in 
several evil or non-evil ways
that would violate such clauses.

Such data is incompatible with
OSM requirements, must not be
imported, must be removed as
copyright violation if added already.___
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[OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer
In recent local discussions it has emerged that some license has conditions
for the reuse of the data, which may eventually not be completely
compatible with OSM.

In particular it relates to an Italian license which states as a condition
you have to
"not reuse the Information in a way that suggests that it is official or
that Licensor approves your use of the Information;
take all reasonable steps to ensure that the uses permitted above do not
mislead others and that the Information itself is not misrepresented."

original text:
"non riutilizzare le Informazioni in un modo che suggerisca che abbiano
carattere di ufficialità o che il Licenziante approvi l'uso che fai delle
Informazioni;
prendere ogni misura ragionevole affinché gli usi innanzi consentiti non
traggano in inganno altri soggetti e le Informazioni medesime non vengano
travisate."


Can we guarantee that the contained information is not "misrepresented"?
IIRR, in the past we have rejected import plans where such discriminatory
clauses have been present in the license.

Cheers
Martin
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