Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-14 Thread Martin Koppenhoefer
2012/2/13 Simon Poole :
> Well essentially CC-by only imposes attribution so it is doable.
> But in any case: is the import listed in the import catalogue?
> If not, I would respectfully ask the DWG to summarily delete the data (the
> "enforce" bit of my previous posting).


there is different imports going on, some of them for years now. Data
is split up in small chunks and uploaded by local mappers after a
manual merge in JOSM. As far as I have seen the imports seem to be
listed, but if they weren't I'd rather ask the people doing the import
to list them then asking DWG to delete. There have also been mapping
parties to improve the imported material.

Recently some of the mappers doing the import wrote on the italian
list that he had been approached by someone who wrote having detected
suspicious things happening and asking him to discuss on the imports
list and that his imports might get deleted. These imports are openly
discussed on the italian mailing list for years (I guess they started
even before the imports mailing list was set up) and there seems broad
consensus by the local mappers (at least those that write in the list)
to do them.

I agree it is necessary in some areas of the world (where there is no
local community) to check for death data poured in automatically, but
even if I am not totally convinced that these Italian imports are a
good thing, I do believe that the local community wants them.

cheers,
Martin

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread James Livingston
On 14 February 2012 03:17, Simon Poole  wrote:

> I believe there is some contention as to what in 1.a "current licence
> terms" refers to, but it is at least consistent with the document to assume
> that it refers to the licences listed in 3., so both CC-by-SA 2.0 and ODbL
> + DbCL1.0 , implying that any imports have to be compatible with both*. I
> can't put my finger on an formal statement by the LWG that would indicate
> otherwise, can you?
>

I can't remember hearing any authoritative answers from the LWG on this,
but it has been discussed a few times before. The answer I got when I
asked, and almost all the answers I've seen to other people's questions
since, are that it only has to be compatible with the current license we
distribute the DB under (i.e. CC-BY-SA right now). For example
http://lists.openstreetmap.org/pipermail/legal-talk/2011-April/005916.html.

One problem with taking it to mean that any uploads must be compatible with
both CC-BY-SA and ODbL+DbCL is that what it post-changeover. The same logic
would then say that anything uploaded must be compatible with CC-BY-SA,
which I would think is not what people want it to mean.


-- 
James
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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Simon Poole

Am 13.02.2012 18:55, schrieb andrzej zaborowski:

Take the example of NearMap TOS, tracing NearMap (specially aided by 
local knowledge) is not something we tend to call an import. 



It is not an import, but it is an incredible special, special case (and 
one that is no longer an issue).


Simon

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Simon Poole



Am 13.02.2012 17:44, schrieb andrzej zaborowski:


(I assume you mean CC-By-SA)

Simon, I would like to know what your interpretation of the current
Contributor Terms version is, I know what LWG's interpretation is from
their meeting minutes and it must be different from your
interpretation.  If by "declared good" you mean declared
ODbL-compatible then there's nothing special in Poland because nothing
has been declared good.  The acceptance of CT, according to LWG (and
to my reading of CT 1.2.4) is not such a declaration, it is orthogonal
to ODbL compatibility.  There's no basis for anyone to assume such a
thing, worldwide not only in Poland.
I believe there is some contention as to what in 1.a "current licence 
terms" refers to, but it is at least consistent with the document to 
assume that it refers to the licences listed in 3., so both CC-by-SA 2.0 
and ODbL + DbCL1.0 , implying that any imports have to be compatible 
with both*. I can't put my finger on an formal statement by the LWG that 
would indicate otherwise, can you?





Secondly as you know CC-By-SA licensed data has been contributed by
CT-accepters outside of Poland too and I wouldn't be surprised if it's
being contributed today taking advantage of the "current license"
still being the CC one.  It is not only through (what we call)
imports.


How can it be other than an "import", either a derivative or original 
work covered by CC-by-SA 2.0?





Even if it were through imports only, then I can't make out what you
mean by "erroneously".  First of all the imports in Poland have been
documented in the imports catalogue on the wiki, so this was in
keeping with the community guidelines as well as the CT.  This is not
true of the hundreds of local, smaller imports that are happening
every day (see the imported streets in Lima, or see the Santa Rosa
town in the El Oro canton of Ecuador and the nearby towns, and tell me
what their original license was) especially in non-English-speaking
countries, where the Contributor Terms is the only "binding" document.
  The community guidelines are really guidelines of the part of the
community contributing to the talk@ list and the English wiki, a tip
of an iceberg.


Naturally due to the nature of the project the amount of control that 
can be exerted over what is actually included in the database is 
limited, but that has absolutely nothing specific to do the the OdBL or 
the CC-by-SA 2.0 (it applies just as much to people importing stuff from 
commercial data sources which are compatible with neither etc.).



And yes I would be all for a zero tolerance stance and a tight regime on 
imports, but alas that is somewhat at odds with the touchy-feely nature 
of the project.


Simon


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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread andrzej zaborowski
On 13 February 2012 12:53, Simon Poole  wrote:
> While I've expressed my displeasure with every revision of the CTs after 1.0
> for exactly your reasoning, I don't believe that the situation is quite as
> bad as you paint it. Come April the 1st the only extra "string attached" to
> data that is in the database should be attribution via the Website. Which
> implies that further data removal would only be necessary if we wanted to
> use a distribution license that didn't require any attribution at all, which
> is extremely unlikely (not the least because of the necessary data removal).
>
> Simon
>
> PS:    Andrzej will naturally point to the Polish situation, and I will
> point back saying: please supply a list of the relevant changesets of
> CC-by-2.0 data that were erroneously declared good (by way of excepting the
> CTs).

(I assume you mean CC-By-SA)

Simon, I would like to know what your interpretation of the current
Contributor Terms version is, I know what LWG's interpretation is from
their meeting minutes and it must be different from your
interpretation.  If by "declared good" you mean declared
ODbL-compatible then there's nothing special in Poland because nothing
has been declared good.  The acceptance of CT, according to LWG (and
to my reading of CT 1.2.4) is not such a declaration, it is orthogonal
to ODbL compatibility.  There's no basis for anyone to assume such a
thing, worldwide not only in Poland.

Secondly as you know CC-By-SA licensed data has been contributed by
CT-accepters outside of Poland too and I wouldn't be surprised if it's
being contributed today taking advantage of the "current license"
still being the CC one.  It is not only through (what we call)
imports.

Even if it were through imports only, then I can't make out what you
mean by "erroneously".  First of all the imports in Poland have been
documented in the imports catalogue on the wiki, so this was in
keeping with the community guidelines as well as the CT.  This is not
true of the hundreds of local, smaller imports that are happening
every day (see the imported streets in Lima, or see the Santa Rosa
town in the El Oro canton of Ecuador and the nearby towns, and tell me
what their original license was) especially in non-English-speaking
countries, where the Contributor Terms is the only "binding" document.
 The community guidelines are really guidelines of the part of the
community contributing to the talk@ list and the English wiki, a tip
of an iceberg.

(for the record, I did indicate to the LWG how to produce a list of
the changesets in Poland containing imported CC-By-SA data)

Cheers

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Simon Poole

On the same topic:

I've started work on going over the import catalogue (giving a lot of 
room for stuff that is under  discussion or clearly ok (Corine)) and 
moving entries that either will or should go away with the licence 
transition (note green is -good- aka will be automatically deleted), 
and/or are not documented well enough to keep in the database and should 
be deleted after investigation.


http://wiki.openstreetmap.org/wiki/Import/Catalogue#Imports_slated_for_deletion

As said above, the list isn't complete yet and probably contains a 
couple of false positives (stuff imported by GeoFabrik for example).


Simon

Am 13.02.2012 15:51, schrieb Richard Weait:

On Mon, Feb 13, 2012 at 9:49 AM, Simon Poole  wrote:

Well essentially CC-by only imposes attribution so it is doable.

But in any case: is the import listed in the import catalogue?

If not, I would respectfully ask the DWG to summarily delete the data (the
"enforce" bit of my previous posting).

I think you mean, "respectfully request that the errant importer clean
up their own mess."  The DWG can be polled for help, but the community
should attempt to resolve this first.

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Richard Weait
On Mon, Feb 13, 2012 at 9:49 AM, Simon Poole  wrote:
>
> Well essentially CC-by only imposes attribution so it is doable.
>
> But in any case: is the import listed in the import catalogue?
>
> If not, I would respectfully ask the DWG to summarily delete the data (the
> "enforce" bit of my previous posting).

I think you mean, "respectfully request that the errant importer clean
up their own mess."  The DWG can be polled for help, but the community
should attempt to resolve this first.

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Simon Poole


Well essentially CC-by only imposes attribution so it is doable.

But in any case: is the import listed in the import catalogue?

If not, I would respectfully ask the DWG to summarily delete the data 
(the "enforce" bit of my previous posting).


Simon


Am 13.02.2012 15:22, schrieb Martin Koppenhoefer:

2012/2/13 Simon Poole:

PS: essentially such an import should never get pass the community
discussion part in the first place.


FYI: In Italy there are currently some imports going on, where the
data is licensed cc-by-2.5 and there are also other imports of the
past under this license in Italy. cc-by is not a very restrictive
license but still it imposes some problems for further license
changes. I'm pretty sure an import that is compatible with the current
licence (read: OdbL / CT and cc-by-sa2.0 ) will generally pass the
community discussion, if the data is nice (up to date, good quality).

cheers,
Martin

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Martin Koppenhoefer
2012/2/13 Simon Poole :
> PS: essentially such an import should never get pass the community
> discussion part in the first place.


FYI: In Italy there are currently some imports going on, where the
data is licensed cc-by-2.5 and there are also other imports of the
past under this license in Italy. cc-by is not a very restrictive
license but still it imposes some problems for further license
changes. I'm pretty sure an import that is compatible with the current
licence (read: OdbL / CT and cc-by-sa2.0 ) will generally pass the
community discussion, if the data is nice (up to date, good quality).

cheers,
Martin

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Simon Poole

Am 13.02.2012 14:32, schrieb Frederik Ramm:

.
- mapper contacts government asking for data
- government says "here, you can have that, but it may only be 
distributed under ODbL or CC-BY-SA, nothing else"
- mapper contributes data to OSM without even *telling* us that there 
is this additional requirement (CT only require that the mapper makes 
sure data is "compatible with current license")
IMHO the problem exists, but can only happen if the mapper ignores the 
community guidelines on imports*. That we don't do a particulary good 
job of communicating and enforcing these additional, over the basic CT 
terms,  rules (not just on imports) is not a big secret, but something 
that we can and should change going forward.


Simon

PS: essentially such an import should never get pass the community 
discussion part in the first place.


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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Frederik Ramm

Hi,

On 02/13/2012 12:53 PM, Simon Poole wrote:

While I've expressed my displeasure with every revision of the CTs after
1.0 for exactly your reasoning, I don't believe that the situation is
quite as bad as you paint it. Come April the 1st the only extra "string
attached" to data that is in the database should be attribution via the
Website. Which implies that further data removal would only be necessary
if we wanted to use a distribution license that didn't require any
attribution at all, which is extremely unlikely (not the least because
of the necessary data removal).


No, even after April 1st the following is entirely plausible:

- mapper contacts government asking for data
- government says "here, you can have that, but it may only be 
distributed under ODbL or CC-BY-SA, nothing else"
- mapper contributes data to OSM without even *telling* us that there is 
this additional requirement (CT only require that the mapper makes sure 
data is "compatible with current license")


Any future license change to, say, CC-BY or GFDL3.15 or whatever would 
then require that data to be deleted, but we wouldn't even know that.


Bye
Frederik

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

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Re: [OSM-legal-talk] [OSM-talk] Contact And Remap Campaign

2012-02-13 Thread Frederik Ramm

Hi,

(taking this to legal-talk from talk where it doesn't belong)

On 02/13/12 00:00, nicholas.g.lawre...@tmr.qld.gov.au wrote:

I accepted the license, and also ticked the box that said I was happy with
my contributions to be considered public domain.

Hypothetically, if some years in the future, OSMF proposed a switch to
public domain,
can they assume my acceptance from that?


OSMF could certainly release *your* contributions under Public Domain 
(since you have checked the box, and "advisory" or not, there would be a 
reasonably solid legal basis for doing that).


Regarding a possible future switch to Public Domain, this is a difficult 
issue. In theory, OSMF can choose to switch to any "free and open" 
license if 2/3 of active mappers agree. PD is a "free and open" license 
so that would be possible, providing that enough mappers find it a good 
idea.


At the same time, OSMF promises in the CT "to attribute You or the 
copyright owner. A mechanism will be provided, currently a web page 
http://wiki.openstreetmap.org/wiki/Attribution.";


This can be read - as Simon seems to do it - to mean "the CTs guarantee 
that required attribution will survive any future licence changes", but 
I think he's on thin ice there; in my reading, the CTs promise that OSMF 
will provide attribution, not that OSMF will only ever release your data 
under licenses that guarantee attribution down the line.


But Simon is right when he says "data with such requirements would have 
to be removed". This means that if we ever wanted to go PD, then we'd 
have to find out which data has some kind of attribution requirement 
attached, and remove that data before we go PD. Since we don't require 
such data to be identified at the moment, that would be one hell of a job.


In my eyes, this is a very sad development that undermines any future 
license change, even one to a non-PD license. Earlier versions of the CT 
basically required you to *only* contribute data of which you could 
surely say that it could be relicensed freely under the provisions of 
"free and open" and "2/3 of mappers agree". This as been whittled down 
to "you can contribute anything that is compatible with the current 
license and you don't even have to *tell* us what further restrictions 
it is under". Any future license change has therefore become very 
unlikely - except maybe a switch back to a CC license -, and not much 
remains of the license change provision in the CTs.


Bye
Frederik

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