Re: [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-16 Thread SteveC
So those guys put out a legal statement and an employee even gave you his 
interpretation on this list, which you can cite in court if you want. I think 
you're pretty solid and it feels like people are just looking for problems no 
matter what is done or said. :-(

Steve

stevecoast.com

On Jun 16, 2011, at 0:44, Nick Hocking  wrote:

> My understanding is that Nearmap wish all contributions to OSM, by any mapper 
> who has agreed to the CT, derived from their imagery (before the 17th June 
> 2011) to be able to be relicenced by OSMF under any licence it (OSMF) chooses 
> at any time.
> 
> However I also can't see exactly how the published statement meets this wish.
>  
> Nick
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Re: [OSM-talk] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-14 Thread Richard Weait
On Tue, Jun 14, 2011 at 9:30 PM, Ben Last  wrote:
>
> Hi all
> As promised, with apologies for the delay, here is the statement from NearMap 
> regarding submission of derived works of our PhotoMaps to OSM.

Dear Ben,

Thank you for providing this clear statement, for NearMap's
contributions to the OpenStreetMap community, and for the generous
decision to allow current NearMap-referenced data to remain in OSM.

Best regards,
Richard

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Re: [OSM-talk] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-15 Thread Michael Collinson

+1 Much appreciated, both the statement itself and Ben's efforts to get it.

Mike

On 15/06/2011 03:36, Richard Weait wrote:

On Tue, Jun 14, 2011 at 9:30 PM, Ben Last  wrote:
   

Hi all
As promised, with apologies for the delay, here is the statement from NearMap 
regarding submission of derived works of our PhotoMaps to OSM.
 

Dear Ben,

Thank you for providing this clear statement, for NearMap's
contributions to the OpenStreetMap community, and for the generous
decision to allow current NearMap-referenced data to remain in OSM.

Best regards,
Richard

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Re: [OSM-talk] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-16 Thread Francis Davey
2011/6/15 Ben Last 
>
> *
>
>
>
> All such additions or edits submitted to OSM prior to 17 June 2011 may be
> held and continue to be used by OSM under the terms in place between OSM and
> the individual which submitted the addition or edit at the relevant time.
>
>
> *
>

I absolutely do not want to be a fly in the ointment here, but what this
paragraph literally means is that OSM can do with those edits just those
things which it was permitted to do by the individual contributor (and
therefore under the terms to which that contributor agreed) prior to 17 June
2011. If that individual's agreement was restricted to a CC-BY-SA licence
then OSM is unlikely to be able to then use the nearmap contributions under
ODbL.

Maybe that is what is understood in this thread, or maybe the context
somehow says that this paragraph doesn't mean what it appears to mean, but I
thought it was worth saying.

That it was drafted, carefully, by a lawyer I do not doubt. But lawyers
draft things on instruction to achieve particular goals. My understanding
from Ben's comment is that one of the goals of nearmap is that derived works
are distributed only under CC-BY-SA. The second paragraph does that job well
as far as I can see and prevents OSM from relicensing nearmap data under
ODbL.

All this is, of course, on the assumption that any intellectual property
rights require licensing.

-- 
Francis Davey
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Re: [OSM-talk] [talk-au] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-14 Thread David Murn
On Wed, 2011-06-15 at 10:39 +0800, James Andrewartha wrote:
> On 15 June 2011 09:36, Richard Weait  wrote:
> > On Tue, Jun 14, 2011 at 9:30 PM, Ben Last  wrote:
> >>
> >> Hi all
> >> As promised, with apologies for the delay, here is the statement from 
> >> NearMap regarding submission of derived works of our PhotoMaps to OSM.
> >
> > Dear Ben,
> >
> > Thank you for providing this clear statement, for NearMap's
> > contributions to the OpenStreetMap community, and for the generous
> > decision to allow current NearMap-referenced data to remain in OSM.
> 
> Does it? I haven't agreed to the CTs, therefore my NearMap tracings
> are CC-BY-SA, and hence will be purged from the database in Phase 5.

Bens statement said:

"may be held and continue to be used by OSM under the terms in place
between OSM and the individual"

In other words, nearmap allows you to make your own mind up in regards
to derived data youve contributed.  If you havent agreed to CTs, then
your work will be removed, but if you wish to agree you are now not
breaching any existing rights.  So I guess that cuts down the amount of
dirty data OSM will have in their DB, it doesnt remove it completely,
but there seems to be no interest in a 100% clean db, as long as 99% is
good enough.

David


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Re: [OSM-talk] [talk-au] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-15 Thread James Andrewartha
On 15 June 2011 11:56, David Murn  wrote:
> On Wed, 2011-06-15 at 10:39 +0800, James Andrewartha wrote:
>> On 15 June 2011 09:36, Richard Weait  wrote:
>> > On Tue, Jun 14, 2011 at 9:30 PM, Ben Last  wrote:
>> >>
>> >> Hi all
>> >> As promised, with apologies for the delay, here is the statement from 
>> >> NearMap regarding submission of derived works of our PhotoMaps to OSM.
>> >
>> > Dear Ben,
>> >
>> > Thank you for providing this clear statement, for NearMap's
>> > contributions to the OpenStreetMap community, and for the generous
>> > decision to allow current NearMap-referenced data to remain in OSM.
>>
>> Does it? I haven't agreed to the CTs, therefore my NearMap tracings
>> are CC-BY-SA, and hence will be purged from the database in Phase 5.
>
> Bens statement said:
>
> "may be held and continue to be used by OSM under the terms in place
> between OSM and the individual"
>
> In other words, nearmap allows you to make your own mind up in regards
> to derived data youve contributed.  If you havent agreed to CTs, then
> your work will be removed, but if you wish to agree you are now not
> breaching any existing rights.  So I guess that cuts down the amount of
> dirty data OSM will have in their DB, it doesnt remove it completely,
> but there seems to be no interest in a 100% clean db, as long as 99% is
> good enough.

The words immediately following that quote are quite relevant: "may be
held and continue to be used by OSM under the terms in place between
OSM and the individual which submitted the addition or edit at the
relevant time." So only contributions a user made after the CT/ODbL
was agreed to by that user (and before June 17 2011) can be kept.

James Andrewartha

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Re: [OSM-talk] [talk-au] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-15 Thread James Andrewartha
On 15 June 2011 09:36, Richard Weait  wrote:
> On Tue, Jun 14, 2011 at 9:30 PM, Ben Last  wrote:
>>
>> Hi all
>> As promised, with apologies for the delay, here is the statement from 
>> NearMap regarding submission of derived works of our PhotoMaps to OSM.
>
> Dear Ben,
>
> Thank you for providing this clear statement, for NearMap's
> contributions to the OpenStreetMap community, and for the generous
> decision to allow current NearMap-referenced data to remain in OSM.

Does it? I haven't agreed to the CTs, therefore my NearMap tracings
are CC-BY-SA, and hence will be purged from the database in Phase 5.

James Andrewartha

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