Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-08 Thread Karel Charvat

Let's suppose you are using data from external source to estimate actual 
travel speed at various places. Then you are assigning travel speed to edges
of road network obtained from OSM. Even if the travel speeds are kept in 
separate table, to use them in routing algorithm you need to define some 
relation between your data and OSM based network, probably some relation 
through Id of edges. 

In this case the travel speeds are in fact additional attribute of OSM 
network edges, even if you keep them in different database table.

As far as I understand the ODbl license and community guidelines, I think 
this kind of relation creates derivative database, where you have Share-
alike obligation (If you are using it publicly). It doesn’t necessarily 
mean, your traffic data will be imported directly to OSM. I think, It means 
you have to publish them under ODbl? Am I wrong?

Karel


-- Původní zpráva --
Od: Simon Poole 
Komu: legal-talk@openstreetmap.org
Datum: 8. 1. 2015 12:43:10
Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of 
OSM data

"Am 07.01.2015 um 13:00 schrieb Henning Hollburg:
> Let's say I have a great source of Floating Car Data (FCD). I'd like to
> use this FCD to calculate precise weights for edges I derived from OSM.
> These edges will be used in an online navigation application later on.

The crux is the "later on" algorithmically combining data/datasets on
device is at least a grey area, specifically if the non-OSM data is
actually dynamic. As a tendency I would lean on the side of the result
being a produced work and that 4.5.b would apply. Naturally you can
create some undesirable corner cases (distributing a diff between OSM
and your OSM+), but that's probably unavoidable and likely not to have
any real consequences.

> Do I need to publish these weights according to the ODbL?

You are never required to publish you original proprietary data, just
the derivative database (if it actually exists).

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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-08 Thread Simon Poole


Am 07.01.2015 um 13:00 schrieb Henning Hollburg:
> Let's say I have a great source of Floating Car Data (FCD). I'd like to
> use this FCD to calculate precise weights for edges I derived from OSM.
> These edges will be used in an online navigation application later on.

The crux is the "later on" algorithmically combining data/datasets on
device is at least a grey area, specifically if the non-OSM data is
actually dynamic. As a tendency I would lean on the side of the result
being a produced work and that 4.5.b would apply. Naturally you can
create some undesirable corner cases (distributing a diff between OSM
and your OSM+), but that's probably unavoidable and likely not to have
any real consequences.

> Do I need to publish these weights according to the ODbL?

You are never required to publish you original proprietary data, just
the derivative database (if it actually exists).

Simon




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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-08 Thread Tadeusz Knapik
Hi,

2015-01-08 4:44 GMT+01:00 Stephan Knauss :

> For OSM it would be much more convenient when the license says "You are
> allowed to use the OSM data, but when you change it you give OSM the right
> to merge back your changes if they want to".
>
As far as I understand it, it works that way - if data is publicly used, it
has to be licensed under ODbL.


> Probably we should adjust the license one more time before too much
> incompatible data is being imported.
> And I'm asking for stricter regulations considering imports. Data not
> compatible with future license changes must not be imported at all. Other
> mappers are building their changes on a weak foundation.
>
Mappers will import as much as they can (caring for their neighbourhood's
presence), and when in doubt will import until they can - we've seen this
already. And who's gonna tell you what the future licenses are?
ODbL is not perfect, but it's CTs that made things more messy, especially
they have changed over time (funny thing, huh? do you know which data is
under which CTs?). And they make sure that "you have the right to authorize
OSMF to use and distribute those Contents under our current licence terms",
and then OSMF "may only use or sub-license Your Contents as part of a
database and only under the terms of one or more of the following licences:
ODbL 1.0 for the database and DbCL 1.0 for the individual contents of the
database; CC-BY-SA 2.0; or such other free and open licence (for example,
http://www.opendefinition.org/okd/) as may from time to time be chosen by a
vote of the OSMF membership and approved by at least a 2/3 majority vote of
active contributors". So you give OSMF right to change the license for data
you were able to import under (currently) ODbL, even though you may not be
entitled to grant them this right (if you're importing something).
So it's just one big bag of data with messy licensing hardcoded in. I doubt
you will succeed in any actions you've stated above.
Regards,

Tadeusz
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Stephan Knauss

Hi Paul,

On 08.01.2015 10:31, Paul Norman wrote:

On 1/7/2015 7:21 PM, Stephan Knauss wrote:

And an even harder time to get rid of the data in case of another
license change in the future.

See
http://osmfoundation.org/wiki/License#Can_third-party_ODbL-licenses_data_be_imported.3F.
It works like any other imported data.


that's exactly the point. ODbL is not a suitable license for data being 
imported into OSM.


Date being inserted under the contributor terms come with much more 
freedom to be used by OSMF (and the membership deciding about the open 
license used) with respect to the license chosen for distribution.


So what happens is that a user enters data to OSM (with CT agreed), then 
data is distributed as ODbL by OSMF. Then extended by 3rd party.


That extended data i now less free to use from an OSM point of view.

For OSM it would be much more convenient when the license says "You are 
allowed to use the OSM data, but when you change it you give OSM the 
right to merge back your changes if they want to".


Probably we should adjust the license one more time before too much 
incompatible data is being imported.


And I'm asking for stricter regulations considering imports. Data not 
compatible with future license changes must not be imported at all. 
Other mappers are building their changes on a weak foundation.


Maybe time to open a new thread as we're moving away from the original 
point of satnav data being released to a generic discussion.


Stephan


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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Paul Norman

On 1/7/2015 7:21 PM, Stephan Knauss wrote:
We could start merging 3rd party ODbL into OSM 
We can do so right now from a legal perspective. In fact, there are 
imports of ODbL data that have taken place.

But then have a hard time to fulfill attribution requirements.

No - we'd attribute the same way we attribute other sources.
And an even harder time to get rid of the data in case of another 
license change in the future.
See 
http://osmfoundation.org/wiki/License#Can_third-party_ODbL-licenses_data_be_imported.3F. 
It works like any other imported data.


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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Stephan Knauss

Hi,

On 07.01.2015 16:30, Henning Hollburg wrote:

http://stevecoast.com/2014/05/19/why-openstreetmap-is-now-navigation-ready-for-people-like-you/

Doesn't this mean that this data has to be published according to the
ODbL? If not, why?


As having all those databases being released might be good for the 
people wanting the data, it brings no benefit to OSM.


The purpose of ODbL is to keep data open. That's great.

My opinion is:
For OSM the thing most contributors favoring a share alike license model 
really want is a a clause which forces data consumers to grant a license 
to OSMF to incorporate modified/exended data back into OSM database.


ODbL does not contain such a "merge" clause. We could start merging 3rd 
party ODbL into OSM. But then have a hard time to fulfill attribution 
requirements. And an even harder time to get rid of the data in case of 
another license change in the future.


We need all contributors to agree to the contributor terms, granting a 
license to the OSMF to re-distribute the data.


Maybe we can change the license one more time to an OSM-ODbL. Not only 
requiring to release data as ODbL but also granting OSMF the same rights 
as in contributor terms.


Stephan


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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Frederik Ramm
Hi,

On 01/07/2015 01:14 PM, Martin Koppenhoefer wrote:
> If the format is encrypted (or simply not documented)

Sectin 3.1 of the license lists a number of rights, including
"Extraction and Re-utilisation of the whole or a Substantial part of the
Contents; Creation of Derivative Databases; Creation of Collective
Databases".

Section 4.7a says that you may not impose technological measures that
"have the effect or intent of restricting the ability of any person to
exercise those rights."

Encryption or DRM would clearly fall under this, but even an
un-documented data format could be said to "have the effect of
restricting...".

Section 4.7b says that you may violate 4.7a if you, in parallel,
distribute a non-encumbered version of the data. You could, for example,
distribute a highly compressed and efficiently packed version of your
data and keep the data format a secret if you, in parallel, distribute
an ASCII dump of the same.

Bye
Frederik

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

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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Martin Koppenhoefer
2015-01-06 20:39 GMT+01:00 Paul Norman :

> It depends. If they are not adding any data, they can simply point to the
> source (planet.osm.org).
>
> If they are adding data, they need to provide the entire derivative
> database (4.6.a) or an alteration file (4.6.b) with the new contents. Based
> on my experience, I would be surprised if they had non-OSM data in a
> derivative database. Far more common is to layer OSM data with other data.
>
> It would be nice if be-on-the-road documented their format and provided
> open-source tools to use it, but this is not a legal requirement. The ODbL
> is concerned with preserving the openness of the data, not of the data
> format.
>


If the format is encrypted (or simply not documented), how would you be
able to verify that someone has not combined different data sources? Do we
have to trust the publisher that they follow the ODbL provisions, or is
there a way to enforce verifiability?

cheers,
Martin
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Henning Hollburg
Let's say I have a great source of Floating Car Data (FCD). I'd like to use
this FCD to calculate precise weights for edges I derived from OSM. These
edges will be used in an online navigation application later on. Do I need
to publish these weights according to the ODbL?

In general I believe that in the next years more and more of such
applications will pop up as the required FCD is increasingly easy to get.
Also I believe there is a great potential in such applications. It will be
just a matter of time until such applications will be more than just a
marketing blurb.

So it would be interesting to know what this means in an ODbL context.

I do see the point, that TeleNav has contributed a lot to OSM directly and
don't want to neglect that at all. I really appreciate what they did and
do. Still the ODbL is the same for everyone...

Best regards

Henning

2015-01-07 11:30 GMT+01:00 Simon Poole :

>
> Marketing != Reality
>
> It is just some marketing blurb to sell their product, trying to derive
> what they are really doing from it is just speculation.
>
> We -do- know that TeleNav has added lots of stuff to OSM directly (for
> example http://www.openstreetmap.org/user/mvexel/diary/28211) and/or are
> providing such data to the OSM community ScoutSigns, maproulette
> challenges etc. for use to improve OSM data. Which all is clearly
> unproblematic, not to say very good.
>
> Simon
>
> Am 07.01.2015 um 10:30 schrieb Henning Hollburg:
> > Hi,
> >
> > as far as I understand the community guideline the creation of a
> > routable graph from the OSM data (only!) is regarded a "trivial
> > transformation" that doesn't have to be published under the ODbL.
> >
> > I am wondering now what happens when you combine this graph with other
> > (non open) data.
> >
> > One example is Skobbler:
> >
> > http://developer.skobbler.com/features#qualityMapData
> >
> > /"//traffic data from millions of devices is being reintegrated into our
> > navigation map and routing algorithm. This means that your next route
> > will take the latest turn restrictions, traffic speed, speed cameras,
> > and more into consideration.//"/
> >
> > some more information:
> >
> >
> http://stevecoast.com/2014/05/19/why-openstreetmap-is-now-navigation-ready-for-people-like-you/
> >
> > Doesn't this mean that this data has to be published according to the
> > ODbL? If not, why?
> >
> > Best regards
> >
> > Henning
> >
> >
> > Am 07.01.2015 um 09:51 schrieb Karel Charvat:
> >> Thank you very much. I needed exactly somethink like this.
> >>
> >> -- Původní zpráva --
> >> Od: Simon Poole 
> >> Komu: legal-talk@openstreetmap.org
> >> Datum: 7. 1. 2015 9:09:38
> >> Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl
> >> license of OSM data
> >>
> >>
> >> Please see
> >>
> >>
> http://osmfoundation.org/wiki/License/Community_Guidelines___
> >> legal-talk mailing list
> >> legal-talk@openstreetmap.org
> >> https://lists.openstreetmap.org/listinfo/legal-talk
> >>
> >>
> >>
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Simon Poole

Marketing != Reality

It is just some marketing blurb to sell their product, trying to derive
what they are really doing from it is just speculation.

We -do- know that TeleNav has added lots of stuff to OSM directly (for
example http://www.openstreetmap.org/user/mvexel/diary/28211) and/or are
providing such data to the OSM community ScoutSigns, maproulette
challenges etc. for use to improve OSM data. Which all is clearly
unproblematic, not to say very good.

Simon

Am 07.01.2015 um 10:30 schrieb Henning Hollburg:
> Hi,
> 
> as far as I understand the community guideline the creation of a
> routable graph from the OSM data (only!) is regarded a "trivial
> transformation" that doesn't have to be published under the ODbL.
> 
> I am wondering now what happens when you combine this graph with other
> (non open) data.
> 
> One example is Skobbler:
> 
> http://developer.skobbler.com/features#qualityMapData
> 
> /"//traffic data from millions of devices is being reintegrated into our
> navigation map and routing algorithm. This means that your next route
> will take the latest turn restrictions, traffic speed, speed cameras,
> and more into consideration.//"/
> 
> some more information:
> 
> http://stevecoast.com/2014/05/19/why-openstreetmap-is-now-navigation-ready-for-people-like-you/
> 
> Doesn't this mean that this data has to be published according to the
> ODbL? If not, why?
> 
> Best regards
> 
> Henning
> 
> 
> Am 07.01.2015 um 09:51 schrieb Karel Charvat:
>> Thank you very much. I needed exactly somethink like this.
>>
>> ------ Původní zpráva ------
>> Od: Simon Poole 
>> Komu: legal-talk@openstreetmap.org
>> Datum: 7. 1. 2015 9:09:38
>> Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl
>> license of OSM data
>>
>>
>> Please see
>>
>> 
>> http://osmfoundation.org/wiki/License/Community_Guidelines___
>> legal-talk mailing list
>> legal-talk@openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/legal-talk
>>
>>
>>
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> 
> 
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Henning Hollburg
Hi,

as far as I understand the community guideline the creation of a
routable graph from the OSM data (only!) is regarded a "trivial
transformation" that doesn't have to be published under the ODbL.

I am wondering now what happens when you combine this graph with other
(non open) data.

One example is Skobbler:

http://developer.skobbler.com/features#qualityMapData

/"//traffic data from millions of devices is being reintegrated into our
navigation map and routing algorithm. This means that your next route
will take the latest turn restrictions, traffic speed, speed cameras,
and more into consideration.//"/

some more information:

http://stevecoast.com/2014/05/19/why-openstreetmap-is-now-navigation-ready-for-people-like-you/

Doesn't this mean that this data has to be published according to the
ODbL? If not, why?

Best regards

Henning


Am 07.01.2015 um 09:51 schrieb Karel Charvat:
> Thank you very much. I needed exactly somethink like this.
>
> -- Původní zpráva --
> Od: Simon Poole 
> Komu: legal-talk@openstreetmap.org
> Datum: 7. 1. 2015 9:09:38
> Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl
> license of OSM data
>
>
> Please see
>
> 
> http://osmfoundation.org/wiki/License/Community_Guidelines___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
>
>
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Karel Charvat
Thank you very much. I needed exactly somethink like this.

-- Původní zpráva --
Od: Simon Poole 
Komu: legal-talk@openstreetmap.org
Datum: 7. 1. 2015 9:09:38
Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of 
OSM data

"Please see

http://osmfoundation.org/wiki/License/Community_Guidelines__
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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-07 Thread Simon Poole
Please see

http://osmfoundation.org/wiki/License/Community_Guidelines




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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-06 Thread Karel Charvat
If you are using OSM data for routing, you must do some modifications to 
obtain routable network with correct topology. I think creating this 
routable network from original OSM data means creating Derivative Database, 
even if you are not adding any new information into data set. Routable 
network based on OSM data contains much more road segments than original 
data set.


-- Původní zpráva --

Od: Paul Norman 

Komu: legal-talk@openstreetmap.org

Datum: 6. 1. 2015 20:42:06

Předmět: Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of 
OSM data


"On 1/6/2015 11:01 AM, Karel Charvat wrote:

> Are the developers of Be-On-Road fullfilling their ODbl license 

> obligations by providing their data only in files with unknown format?

It depends. If they are not adding any data, they can simply point to 

the source (planet.osm.org).



If they are adding data, they need to provide the entire derivative 

database (4.6.a) or an alteration file (4.6.b) with the new contents. 

Based on my experience, I would be surprised if they had non-OSM data in 

a derivative database. Far more common is to layer OSM data with other data.



It would be nice if be-on-the-road documented their format and provided 

open-source tools to use it, but this is not a legal requirement. The 

ODbL is concerned with preserving the openness of the data, not of the 

data format.



They of course need to meet the other obligations of the ODbL (e.g. 

attribution).



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Re: [OSM-legal-talk] OSM based GPS navigations and ODbl license of OSM data

2015-01-06 Thread Paul Norman

On 1/6/2015 11:01 AM, Karel Charvat wrote:
Are the developers of Be-On-Road fullfilling their ODbl license  
obligations by providing their data only in files with unknown format?
It depends. If they are not adding any data, they can simply point to 
the source (planet.osm.org).


If they are adding data, they need to provide the entire derivative 
database (4.6.a) or an alteration file (4.6.b) with the new contents. 
Based on my experience, I would be surprised if they had non-OSM data in 
a derivative database. Far more common is to layer OSM data with other data.


It would be nice if be-on-the-road documented their format and provided 
open-source tools to use it, but this is not a legal requirement. The 
ODbL is concerned with preserving the openness of the data, not of the 
data format.


They of course need to meet the other obligations of the ODbL (e.g. 
attribution).


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