Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Jonathan Harley
Rob Myers wrote:
 On Wed, Oct 22, 2008 at 2:49 AM, Joseph Gentle [EMAIL PROTECTED] wrote:
[...]
 And the map wins. It gets more visibillity.
 
 The promise that someone will hold you in higher esteem if you abandon
 your principles rarely works out.

I don't think this issue is anything to do with esteem, but what
principle here are you asserting we would be abandoning? The principle
that if commercial companies use OSM data, they must be forced to give
away their proprietary data as well? If so, that's not a principle I
share.

 Less time and effort goes to proprietry maps. More people
 have a vested interest in making the mapping data accurate.
 
 There's a difference between people coming to expect that you will do
 work for them for free and people learning that they can contribute to
 the project.

I find it hard to believe that commercial enterprises would be
comfortable with the obvious risk of depending on an unpaid community
to work for them, *especially* if they weren't contributing to it.
Any commercial user of OSM will have a vested interest not only in
contributing to its accuracy, but in being *seen* to contribute.

[...]
 Community projects should not serve as random acts of kindness or
 distributed potlatch for corporations and local government. They
 should serve the community.

I disagree, community projects (like everyone else) *should* practice
random acts of kindness. And I believe the OSM community would be
better served by being more business-friendly. If only half of the
commercial users of OSM choose to contribute back, we'll still be
better off for their contributions. Which we won't get if we scare
them away with if you use OSM, we can force you to give away stuff
you paid for.


Jonathan.
-- 
.
   Dr Jonathan Harley   .
.   Email: [EMAIL PROTECTED]
Zac Parkplatz Ltd   .   Office Telephone: 024 7633 1375
www.parkplatz.net   .   Mobile: 079 4116 0423

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Nic Roets
I wasn't quite sure what exactly was wrong with Rob's comments but you
summed it up nicely.

On Sat, Oct 25, 2008 at 5:18 PM, Jonathan Harley [EMAIL PROTECTED] wrote:


  The promise that someone will hold you in higher esteem if you abandon
  your principles rarely works out.

 I don't think this issue is anything to do with esteem, but what
 principle here are you asserting we would be abandoning? The principle
 ...
 I disagree, community projects (like everyone else) *should* practice
 random acts of kindness. And I believe the OSM community would be

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Nic Roets
On Sat, Oct 25, 2008 at 6:49 PM, Peter Miller [EMAIL PROTECTED]wrote:


 My company (Ito World Ltd) needs to be able to combine Share-Alike data
 from
 OSM with copyright data from other sources ...


IMHO Other sources are usually incompatible with SA.



 software and produce rendered images or conclusions that we can sell (and
 not have to give away for free). Without an expectation that the new
 licence
 will allow this then ITO would not be participating in the project. For the


PD, CC-SA and presumably the new license all allow this.



 avoidance of doubt I fully expect commercial users of the data to be
 required to make their improvements to the OSM dataset itself back to the
 community and we are trying to get a set of words together to ensure that
 these distinctions are as clear as they can be in the licence (although
 there will of course be grey areas on the boundaries, which is why the Use
 Cases are so important).


Mathematicians warn us against Use Cases. With PD, no Use Cases are needed
and legal fees are less.


I remind councils and other people interested in the project that there is
 no reason why they can't pay people to work on OSM. There is some funny
 idea
 that because it is an open-source project and that the results are free
 that
 people have to do it in their spare time. This is clearly not the case with



Much more true than funny.

What's also true is that they don't update OSM because they don't see any
benefit. This will offcourse change if OSM becomes either
* the dominant online map (like wikipedia being the dominant online
encyclopedia) OR
* an upstream source for other maps, which isn't very likely under SA.
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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Philipp Klaus Krause
Joseph Gentle schrieb:
 On Wed, Oct 22, 2008 at 12:06 PM, 80n [EMAIL PROTECTED] wrote:
 I like so view OSM as a cool DIY project, not a political trick we're
 pulling.
 The problem with PD is that it permits companies to take OSM data, add their
 own data and benefit from result without giving anything back.  Joseph's bus
 company could take OSM's PD data, add its own bus stops and publish the
 mobile app that Joseph wants.  There is no incentive for them to make their
 bus stop data available.  They gain and everyone else loses.

 Do you really feel comfortable about that happening?

To me the main problem with copyleft licenses is that there are so many
incompatible ones of them.
PD has the advantage of being compatible with all of them.

Philipp


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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Joseph Gentle
On Sun, Oct 26, 2008 at 8:57 AM, Philipp Klaus Krause [EMAIL PROTECTED] wrote:
 To me the main problem with copyleft licenses is that there are so many
 incompatible ones of them.

Here's the compatibility chart amongst creative-commons licenses:
http://mirrors.creativecommons.org/blimg/cc-tw-license-compatibility-wizard.png
Confusing, isn't it? And, not many licenses are actually compatible
with each other. Barely any, once you take out the all licenses are
compatible with themselves and everything is compatible with the PD

Here's a great write-up with a guy bitching about; and concluding its
better to just go PD.
http://opencontent.org/blog/archives/347

 PD has the advantage of being compatible with all of them.

 Philipp


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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-25 Thread Frederik Ramm
Hi,

Joseph Gentle wrote:
 Here's a great write-up with a guy bitching about; and concluding its
 better to just go PD.
 http://opencontent.org/blog/archives/347

There's also this SystemeD blog guy here with a spot-on 2.5 year old 
write-up:

http://www.systemed.net/blog/legacy/entry060311122655.html

Which ends in The long-term solution, then, must to be to create a 
dedicated LGPL-like geodata licence that addresses the problems above, 
setting out what you can and can't do in terms that are unambiguously 
relevant to geodata and mapping.

If things don't go too bad then the ODbL might just achieve this.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09 E008°23'33

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Richard Fairhurst
Joseph Gentle wrote:

 It seems to me like everyone wins.

+1 to that entire message.

cheers
Richard

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Rob Myers
On Wed, Oct 22, 2008 at 2:49 AM, Joseph Gentle [EMAIL PROTECTED] wrote:

 You say 'everyone else is worse off' if they use a PD map.  It seems
 like the bus company wins - they have more passengers.

Privatising wealth is always a win for those who privatise it but this
isn't really a reason for anyone else to cheer them on.

 The passengers
 win - they can learn about the busses more easily.

They can learn just as easily if the bus company uses an Ordinance
Survey map. And given the logic of the bus company saves money being
good, the Ordinance Survey makes money makes this scenario even
better.

 The environment
 wins (less cars on the road). And the map wins. It gets more
 visibillity.

The promise that someone will hold you in higher esteem if you abandon
your principles rarely works out.

 Less time and effort goes to proprietry maps. More people
 have a vested interest in making the mapping data accurate.

There's a difference between people coming to expect that you will do
work for them for free and people learning that they can contribute to
the project.

 In time,
 the bus company will probably contribute some data to the map to
 correct mistakes and whatnot. It seems to me like everyone wins.

The bus company's maps' users are not free to use the maps.

Since this is about freedom, not who gets something for nothing, everyone loses.

 Apple was in a similar situation. They chose to use freebsd (a
 PD-style OS). They use it in the underlying layers of Macosx. They are
 one of the most vicious, control-freak companies you'll find these
 days. Even though they don't have to, they contribute heaps of code
 back to freebsd.

They also ship compiled modified versions of the code that end-users
don't have access to . This affects the freedom of users of the
software to use it.

Concentrating on the source part of open source obscures the core
free part of free software.

It isn't about whether people give back to OSM, it's about whether
people are free to use maps.

 Given that apple was never going to open-source all of macosx, what
 would you rather they do?

If we are discussing unicorns, the colour of their manes is immaterial.

 Is freebsd worse off because apple uses their product? No. Its much
 much better off.

FreeBSD's *users* would be better of if they used the GPL. It's the
GPL that got GNU users Apple's Objective-C compiler, and it's the GPL
that got everyone WebKit.

Community projects should not serve as random acts of kindness or
distributed potlatch for corporations and local government. They
should serve the community.

- Rob.

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Rob Myers
On Wed, Oct 22, 2008 at 10:23 AM, Richard Fairhurst
[EMAIL PROTECTED] wrote:

 I _do_ like the fact that people in OSM are starting to figure out why
 Potlatch is called Potlatch.

I had assumed it was a kind of stew. ;-)

- Rob.

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Richard Fairhurst
Rob Myers wrote:

 Community projects should not serve as random acts of kindness or
 distributed potlatch for corporations and local government. They
 should serve the community.

I _do_ like the fact that people in OSM are starting to figure out why  
Potlatch is called Potlatch.

http://lists.openstreetmap.org/pipermail/talk-fr/2008-October/004418.html
http://lists.openstreetmap.org/pipermail/talk-fr/2008-October/004421.html
http://lists.openstreetmap.org/pipermail/talk-fr/2008-October/004422.html

Random acts of kindness ftw.

cheers
Richard

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Brian Quinion
On Wed, Oct 22, 2008 at 11:27 AM, bvh [EMAIL PROTECTED] wrote:
 Actually no, your bus company is just going to take PD-OSM data and is
 going to bring out a map with its bus routes.  And its competitor is
 going to do the same. And no one will have the ability to take both
 maps and bring out one comprehensive 'public transport' map for your
 town containing routes from all bus companies. The consumer loses.

Just to point out that under the new license (and probably the current
one) they can do this anyway - and so can the fast food chains and
most anyone else.  They just create it as a seperate layer or as pins
on the map and as a result don't have to contribute their data back.

--
 Brian

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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Richard Fairhurst
bvh wrote:

 If you think Apple wouldn't do that just look at webkit. I am quite
 convinced that had that one been pd they would just have forked it and
 never looked back...

Actually, WebKit - which is licensed LGPL and BSD, _not_ GPL - is a  
good example of how liberal licences can work. See:

http://arstechnica.com/journals/apple.ars/2007/06/12/ars-at-wwdc-interview-with-lars-knoll-creator-of-khtml

http://arstechnica.com/journals/linux.ars/2007/07/23/the-unforking-of-kdes-khtml-and-webkit

In brief:

1. Apple takes KHTML
2. Apple adds 8 zillion features and does only what is required by the  
share-alike licence (LGPL), i.e. making the source available in its  
rawest form
3. KHTML devs, and others, complain that the resulting code bomb  
cannot be easily integrated back into Konqueror. Cue outraged Slashdot  
articles and so on
4. Under community pressure, Apple changes its practices, and works to  
reintegrate (unfork) the code, _even_though_they_don't_have_to_
5. QtWebKit now exists for KDE, KHTML is significantly better, half  
the world is using an open-source standards-compliant browser, etc.  
etc. etc.
6. We all live happily ever after, apart from maybe the IE devs ;)

So share-alike itself actually ain't that helpful if the person  
doesn't really want to contribute back.

But if you use community pressure, rather than trying to get medieval  
on their licensing ass, you can get a great result - whatever the  
licence.

cheers
Richard


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Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Simon Ward
I’m just going to pick up on one generalisation, and not really
contribute that much to the actual topic, excuse me:

On Wed, Oct 22, 2008 at 01:25:09PM +0100, Richard Fairhurst wrote:
 … Almost as if to reinforce it, they capitalise the F  
 in freedom;

I don’t capitalise “free software”, or “freedom” or whatever terms other
so‐called supporters of free software may mangle.  I have argued against
capitalising the terms:  The gist is that it’s a marketing gimmick, and
that’s not what free software is about; and capitalised words tend to
indicate they take on some different meaning, but free software is about
freedom, not this “Freedom” thing, whatever that is.

Simon, your friendly (uncapitalised) free software advocate.
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall


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