Re: [OSM-talk] CC-BY-SA still available?

2011-04-17 Thread David Murn
On Sun, 2011-04-17 at 12:16 +0200, Michael Collinson wrote:
> If we make the numbers, then these new users are unaffected.
> 
> If we do not, new users are still unaffected, they have agreed to the 
> use of either CC-BY-SA or ODbL.

What about a case for example of a mapper who wants to map the
flood/cyclone disaster areas in Australia?  The 'new mappers' are
affected as they dont have the right to use any of our data sources as
they have already agreed to incompatible terms.  The 'old mappers' are
affected because they have the right to use the disaster aerial imagery,
but OSM has removed their right to contribute data back.

Sure, in the long term, these 'new users' are unaffected, but if they
want to use data sources right now, they may not be able to.  But thats
okay, Im sure Bing will start giving away 3cm imagery for our country
soon (or maybe we should just settle with 15cm imagery (if lucky) that
provides blotchy coverage like they give us at the moment, after all, if
we're going to shoo away data providers who are giving us better quality
information, then its about all we deserve to have as a community.

David


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Re: [OSM-talk] CC-BY-SA still available?

2011-04-17 Thread 80n
On Sun, Apr 17, 2011 at 11:16 AM, Michael Collinson  wrote:
>
> If we make the numbers, then these new users are unaffected.
>
Now would be a good time to mention what those numbers are.

How many users need to agree to CT before the community is comfortable
with the consequential data loss?

What percentage of content must be covered by the new license terms
before the community is comfortable with the consequential data loss?

When are you planning to ask the community these questions?  Or are
you planning to make up these numbers in a closed room?

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-17 Thread Michael Collinson

On 17/04/2011 08:39, Andrew Harvey wrote:

On Thu, Apr 14, 2011 at 9:37 PM, Michael Collinson  wrote:
   

...From Sunday, we will run 5 weeks allowing folks
who decline the ability to continue editing, i.e. CC-BY-SA only
contributions. The objective is get the remaining 77,000 to accept or
decline. If that runs slowly, we add up to 5 more weeks. Else, we proceed to
the question of actually switching from CC-BY-SA to ODbL and has no date
set.
 

Mike, if the OSMF is permitting current contributors to decline the
CTs and continue editing, i.e. CC-BY-SA only contributions, why can't
the OSMF allow new contributors to sign up and decline the CTs and
begin editing CC-BY-SA only contributions?
   

Andrew, Time and not making a rod for our own backs is the short answer.

There are 370,000 registered users today.  We were much criticised, and 
in retrospect I think rightly, for trying to push things through while 
the user base was small and the process maneagable for a volunteer team. 
Doing it this way, the problem does not grow and we are moving at the 
much slower pace demanded. Reaching, informing and persuading 77,000 
folks with 12,500 of them contributing 98%+ of all OSM data is still 
daunting but possible. Older users should also have been around long 
enough for most to know that a license change has been actively 
discussed since 2005 and be aware of some of the issues.


As to the converse.  Much as I would like to completely assume that the 
process will succeed, it may not, and it would be unfair to cut off 
older contributors in this way until the numbers become clearer.


If we make the numbers, then these new users are unaffected.

If we do not, new users are still unaffected, they have agreed to the 
use of either CC-BY-SA or ODbL.  They also have the right, which older 
contributors do not, of triggering a democratic,  frameworked and much 
shorter process to demand a license change ... which could of course 
include CC-BY-SA.


Mike

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-16 Thread Andrew Harvey
On Thu, Apr 14, 2011 at 9:37 PM, Michael Collinson  wrote:
> ...From Sunday, we will run 5 weeks allowing folks
> who decline the ability to continue editing, i.e. CC-BY-SA only
> contributions. The objective is get the remaining 77,000 to accept or
> decline. If that runs slowly, we add up to 5 more weeks. Else, we proceed to
> the question of actually switching from CC-BY-SA to ODbL and has no date
> set.

Mike, if the OSMF is permitting current contributors to decline the
CTs and continue editing, i.e. CC-BY-SA only contributions, why can't
the OSMF allow new contributors to sign up and decline the CTs and
begin editing CC-BY-SA only contributions?

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-16 Thread Anthony
On Sat, Apr 16, 2011 at 6:10 PM, 80n <80n...@gmail.com> wrote:
> On Sat, Apr 16, 2011 at 7:35 PM, M∡rtin Koppenhoefer
>  wrote:
>> As far as I understand this, we would then have all the cons of
>> cc-by-sa (e.g. that some mayor mapping company could "rip us off")
>
> Show us the evidence to back up this assertion please.

It's not just without evidence, it's logically nonsensical.  If
CC-BY-SA doesn't apply to OSM, then there's no harm in using it.  If
OSM is public domain, then slapping ODbL on top of it doesn't
magically make it proprietary.

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-16 Thread 80n
On Sat, Apr 16, 2011 at 7:35 PM, M∡rtin Koppenhoefer
 wrote:
> As far as I understand this, we would then have all the cons of
> cc-by-sa (e.g. that some mayor mapping company could "rip us off")

Show us the evidence to back up this assertion please.

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-16 Thread M∡rtin Koppenhoefer
2011/4/16 Ed Avis :
> By excluding contributors who don't agree with the new scheme you are wielding
> a very sharp stick  It would not be a good idea to set a precedent that 
> the
> OSMF should simply push through the 'best' answer and exclude dissenters.  One
> day, you might find yourself on the other side of the stick.


I agree that it is important how a community deals with dissenters.


> So while I understand that the great and the good who have considered the
> licensing question did not favour dual licensing as the ideal solution, it may
> nonetheless be the right compromise.


As far as I understand this, we would then have all the cons of
cc-by-sa (e.g. that some mayor mapping company could "rip us off")
with our data not protected in some jurisdictions, which was one of
the main reasons to go to another license. That would be a really big
compromise.

cheers,
Martin

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-16 Thread Ed Avis
Michael Collinson  ayeltd.biz> writes:

>In addition to Dermot's comments, we initially considered dual-licensing 
>CC-BY-SA but, yes, regretfully rejected it as it undermines a major 
>objective of the license change which is to provide the strongest 
>protection of OSM geodata in as many jurisdictions as possible.

Thanks for your reply.  I understand that those in charge of this matter
do not think that a CC-BY-SA/ODbL dual licence is the optimal answer from a
purely legal point of view.  I don't expect I would be able to persuade them
otherwise, any more than they would be able to persuade me and others away
from our view that staying with CC-BY-SA only is the best option.

My point is that the final scheme chosen should reflect the whole project
and try as far as possible to include everyone.  It's not a case of simply
picking the 'best' answer and then pushing it through, but of finding a balanced
compromise that everyone can agree too.

By excluding contributors who don't agree with the new scheme you are wielding
a very sharp stick.  That makes it important to be very restrained in what you
try to push through.  It would not be a good idea to set a precedent that the
OSMF should simply push through the 'best' answer and exclude dissenters.  One
day, you might find yourself on the other side of the stick.

So while I understand that the great and the good who have considered the
licensing question did not favour dual licensing as the ideal solution, it may
nonetheless be the right compromise.  You are asking a great deal of people
who joined the project in good faith to make a free, CC-licensed map of the
world, not controlled by any single body.  They would have to compromise a
fair bit to accept the new licence and the new way of working, where the
OSMF has the final say over licensing.  If it appears that you aren't willing
to compromise on any point at all - not even to allow use of the older licence
as an option - then it is less likely that contributors will feel ready to make
the necessary compromises on their side.  There has to be a bit of give and take
from both sides, even if only a small bit.

I'd also like to note that of the two big examples given of major and successful
relicensings - Mozilla and Wikipedia - in both cases the old licence continues
to be available as an option for those who want it.

-- 
Ed Avis 


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Re: [OSM-talk] CC-BY-SA still available?

2011-04-15 Thread Anthony
On Fri, Apr 15, 2011 at 12:03 PM, Anthony  wrote:
> CC-BY-SA works exactly as intended.  In fact, the
> license even explicitly states its intent:  "Nothing in this License
> is intended to reduce, limit, or restrict any uses free from copyright
> or rights arising from limitations or exceptions that are provided for
> in connection with the copyright protection under copyright law or
> other applicable laws."

This is a fundamental principle of free licenses.  Any license which
does not contain such a provision, is not a free license.

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-15 Thread Anthony
On Thu, Apr 14, 2011 at 7:38 PM, Frederik Ramm  wrote:
> He knows perfectly well, because he has been told a thousand
> times, that one of the countries where CC-BY-SA doesn't work for our data is
> his country of residence, the USA.

Being told something is not equivalent to knowing it.  There is
absolutely no evidence that "CC isn't recognised for map data" in the
United States.

> He has gone on record, multiple times,
> saying that he likes the CC-BY-SA precisely because he belives that it
> doesn't work.

I'm not sure what you mean by the intentionally ambiguous phrase
"doesn't work".  CC-BY-SA works exactly as intended.  In fact, the
license even explicitly states its intent:  "Nothing in this License
is intended to reduce, limit, or restrict any uses free from copyright
or rights arising from limitations or exceptions that are provided for
in connection with the copyright protection under copyright law or
other applicable laws."

In any case, my question was what jurisdiction does not recognize CC
for map data.

> I think my message was entirely in order. Even a newbie could be expected to
> read at least a few articles of background on our Wiki before engaging in a
> discussion. Anyone reading e.g.
> http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable would
> immediately be informed that the USA is one of the countries in which
> CC-BY-SA won't work for our data.

Again with the intentionally ambiguous phrase "won't work".  And
again, being told something is not equivalent to knowing it.

> As you probably know, Anthony's account on OSM has been terminated because
> he openly boasted about violating copyright.

That is completely untrue.

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-15 Thread Elizabeth Dodd
On Fri, 15 Apr 2011 01:38:30 +0200
Frederik Ramm  wrote:

> So I chose a slightly humorous response, treating Anthony as if he 
> really were an innocent newbie.
> 
> I didn't expect that I would have to explain the humour, but I guess
> I should have known better.

Humour is quite language specific.
I don't expect you to get Strine jokes.

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-14 Thread Frederik Ramm

David,

David Murn wrote:

Did I just seriously read that right?


*Sigh*

You know as well as I do that Anthony is a troll with a long history, 
here and elsewhere. He knows perfectly well, because he has been told a 
thousand times, that one of the countries where CC-BY-SA doesn't work 
for our data is his country of residence, the USA. He has gone on 
record, multiple times, saying that he likes the CC-BY-SA precisely 
because he belives that it doesn't work. So him asking, in that innocent 
manner, "which countries would that be", is just prime trolling, hoping 
that someone takes the bait and he can, yet again, involve everyone into 
a word-mincing discussion that gets us precisely nowhere.


Now everybody has their own way of reacting to such trolls. The best way 
is of course to ignore them; but every now and then you have to react 
lest new readers of this list might get the impression that Anthony's 
question was *not* answered and discussed a thousand times. You could 
also get all agressive and dump a bucket of swear words over Anthony; it 
would certainly be well deserved but tends to poison the mood.


So I chose a slightly humorous response, treating Anthony as if he 
really were an innocent newbie.


I didn't expect that I would have to explain the humour, but I guess I 
should have known better.



Is this a sign of things to come?  Is this really the way that OSMF will
treat new contributors in the future?


I am not OSMF. And it is neither the task nor the privilege of OSMF to 
"treat" new contributors.


I think my message was entirely in order. Even a newbie could be 
expected to read at least a few articles of background on our Wiki 
before engaging in a discussion. Anyone reading e.g. 
http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable 
would immediately be informed that the USA is one of the countries in 
which CC-BY-SA won't work for our data.



Wouldnt it be easier to simply answer the question, if you really had
anything substantial to contribute?  While we all understand that you
believe licence nitty-gritty (or, anything about the licence for that
matter, even data removal) should be on legal-talk, surely it would be
easier to simply answer some simple easy questions with simple easy
answers, rather than forcing people to read legalese (or the more likely
option, that they just abandon OSM completely).


As you probably know, Anthony's account on OSM has been terminated 
because he openly boasted about violating copyright. He is one of the 
very few people whose net contribution to OSM is indeed negative. He did 
not ask this question because he was truly interested in anything; his 
only motive was to drag us all into a repetition of discussions we've 
already had a thousand times, into wasting precious time and words for 
nothing.


And thanks to you he has once again succeeded.

I will now stop responding to your messages because you seem to lack 
either the ability or the willingness to understand what I'm saying, and 
it is quite taxing for me to express everything in a way that cannot 
possibly be misread by you. Perhaps others have more luck in trying to 
explain things to you.


Bye
Frederik

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

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-14 Thread David Murn
On Thu, 2011-04-14 at 16:48 +0200, Frederik Ramm wrote:

> You're new to the project obviously. Welcome! If you're interested in 
> the background story to the license change, and why we consider CC 
> unsuitable, I recommend that you read the archives of the legal-talk 
> list (see http://lists.openstreetmap.org/listinfo/legal-talk) as well as 
> the various Wiki articles (you'll notice the license change banner on 
> wiki.openstreetmap.org/wiki right away).

Did I just seriously read that right?

Did someone just ask a very basic question, querying someones statement
of fact ('unprotected in those jurisdictions') with a question ('what
jurisdiction?'), and get asked if they were a newbie?  Maybe you should
check who youre talking to Frederik, Anthony is hardly a newbie to OSM.

Did Frederik then explain that if they want to know about the licence
change (I never saw a question about the change, only questioning what
countries it would change things in), that they have to go and read the
mailing list archives for legal-talk.  Then, after reading the mailing
list archives, feel free to ask on legal-talk.

Is this a sign of things to come?  Is this really the way that OSMF will
treat new contributors in the future?

Wouldnt it be easier to simply answer the question, if you really had
anything substantial to contribute?  While we all understand that you
believe licence nitty-gritty (or, anything about the licence for that
matter, even data removal) should be on legal-talk, surely it would be
easier to simply answer some simple easy questions with simple easy
answers, rather than forcing people to read legalese (or the more likely
option, that they just abandon OSM completely).

David


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Re: [OSM-talk] CC-BY-SA still available?

2011-04-14 Thread Frederik Ramm

Hi Anthony,

Anthony wrote:

I guess the problem with continuing to allow CC distribution of the
data is that that would leave OSM unprotected in those jurisdictions
where CC isn't recognised for map data.


1) What jurisdictions would that be?
2) If the license isn't recognized, doesn't everything revert to "all
rights reserved"?


You're new to the project obviously. Welcome! If you're interested in 
the background story to the license change, and why we consider CC 
unsuitable, I recommend that you read the archives of the legal-talk 
list (see http://lists.openstreetmap.org/listinfo/legal-talk) as well as 
the various Wiki articles (you'll notice the license change banner on 
wiki.openstreetmap.org/wiki right away).


If, thereafter, any questions remain, you can ask then on the legal-talk 
list and I'm sure they will be promptly answered.


Bye
Frederik

--
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Re: [OSM-talk] CC-BY-SA still available? (was: OpenStreetMap License Change Phase 3 Pre-Announcement)

2011-04-14 Thread Anthony
On Wed, Apr 13, 2011 at 10:28 AM, Dermot McNally  wrote:
> I guess the problem with continuing to allow CC distribution of the
> data is that that would leave OSM unprotected in those jurisdictions
> where CC isn't recognised for map data.

1) What jurisdictions would that be?
2) If the license isn't recognized, doesn't everything revert to "all
rights reserved"?

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Re: [OSM-talk] CC-BY-SA still available?

2011-04-14 Thread Michael Collinson

Hi Ed,

On 13/04/2011 16:15, Ed Avis wrote:

Michael Collinson  ayeltd.biz>  writes:
   
If you are a user of OpenStreetMap data, this does not affect you. 
OpenStreetMap data continues to be licensed only under CC-BY-SA and

this will continue until we reach a critical mass of acceptance of the
new license.
 

Accepting the new licence doesn't automatically imply rejection of the old one.
The contributor terms currently proposed are for the map to be distributed under
one or more of CC-BY-SA and ODbL/DbCL.  So the existing licence could be
continued as an option, for those users who prefer it, even after a changeover.
   
In addition to Dermot's comments, we initially considered dual-licensing 
CC-BY-SA but, yes, regretfully rejected it as it undermines a major 
objective of the license change which is to provide the strongest 
protection of OSM geodata in as many jurisdictions as possible.  Future 
CC 4 dual-licensing is certainly a possibility if that is what active 
contributors want.  CC 4 suite process is being kicked off and we have 
had direct meetings with Mike Linksvayer, Vice President and Diane 
Peters, General Counsel. It will take about four years.

What's the plan for deciding whether and when to cut off CC-BY-SA distribution?
Would it require a 2/3 vote of contributors?
   
39% of all users have now accepted the new license and contributor 
terms, and while I am not sure of my assumptions I estimate  that is 
about 63% of active and previously active contributors . However, we 
clearly need much, much more than that to preserve data integrity at 
switch over and have two further phases to go [1]. From Sunday, we will 
run 5 weeks allowing folks who decline the ability to continue editing, 
i.e. CC-BY-SA only contributions. The objective is get the remaining 
77,000 to accept or decline. If that runs slowly, we add up to 5 more 
weeks. Else, we proceed to the question of actually switching from 
CC-BY-SA to ODbL and has no date set.  This requires reasonable 
community consensus that the amount of ODbL licensable data is maximised 
both globally and locally and that everything that can be done has been 
done.


Mike
License Working Group

[1] 
http://wiki.openstreetmap.org/wiki/Open_Database_License/Implementation_Plan


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Re: [OSM-talk] CC-BY-SA still available? (was: OpenStreetMap License Change Phase 3 Pre-Announcement)

2011-04-13 Thread John Smith
On 14 April 2011 00:49, Ed Avis  wrote:
> It's _a_ goal but I think the more important selling points for ODbL/DbCL
> are the positive ones - more uses it would permit for the data, for example
> distributing map tiles without having to follow any particular licence for 
> them.

Some claim it would need attribution as a minimum, however it may even
need a license agreement from end users so the ODBL applies to tiles
not just map data. Otherwise data could be reversed back into vector
format, with no minimum license, which seems to breach ODBL to me.

In any case I'm yet to get a straight answer for that.

> In my view the 'negative' selling points - that it would supposedly allow the
> OSMF to sue people in all the cases where the map is currently being used
> wrongly and we can't do anything - are less central to the project's vision.

How many parties have needed to be sued so far because they refuse to
comply with CC-by-SA?

> In the end, legal reasons aren't the most important ones.  I hope that OSM
> can be a broad church.  The aim is for everyone to feel able to agree to the
> CTs, whichever faction they belong to, or none.  So it would be good to follow
> a broad-based licensing plan that can accommodate everyone.

Why do we even need the CTs, supposedly we needed a new license, but
all that is going to do is remove large tracks of data, and an
increasing distrust in OSM-F both to do things morally and even
smoothly at all, at this point I highly doubt they could even
successfully organise a piss up in a brewery...

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Re: [OSM-talk] CC-BY-SA still available? (was: OpenStreetMap License Change Phase 3 Pre-Announcement)

2011-04-13 Thread Ed Avis
Dermot McNally  gmail.com> writes:

>>What's the plan for deciding whether and when to cut off CC-BY-SA
>>distribution?  Would it require a 2/3 vote of contributors?
>
>I guess the problem with continuing to allow CC distribution of the
>data is that that would leave OSM unprotected in those jurisdictions
>where CC isn't recognised for map data. Given that this is a main goal
>of the change,

It's _a_ goal but I think the more important selling points for ODbL/DbCL
are the positive ones - more uses it would permit for the data, for example
distributing map tiles without having to follow any particular licence for them.
In my view the 'negative' selling points - that it would supposedly allow the
OSMF to sue people in all the cases where the map is currently being used
wrongly and we can't do anything - are less central to the project's vision.

Also note that CC-BY-SA 2.0 is simply a grant of rights under copyright law.
If copyright "does not apply", then it has not granted anything.  So in fact
the whole question of whether copyright applies can be sidestepped: people
can agree to differ on this matter and pick the licence to their taste.

In the end, legal reasons aren't the most important ones.  I hope that OSM
can be a broad church.  The aim is for everyone to feel able to agree to the
CTs, whichever faction they belong to, or none.  So it would be good to follow
a broad-based licensing plan that can accommodate everyone.

-- 
Ed Avis 




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Re: [OSM-talk] CC-BY-SA still available? (was: OpenStreetMap License Change Phase 3 Pre-Announcement)

2011-04-13 Thread Dermot McNally
On 13 April 2011 15:15, Ed Avis  wrote:

> What's the plan for deciding whether and when to cut off CC-BY-SA 
> distribution?
> Would it require a 2/3 vote of contributors?

I guess the problem with continuing to allow CC distribution of the
data is that that would leave OSM unprotected in those jurisdictions
where CC isn't recognised for map data. Given that this is a main goal
of the change, it seems that removing CC as a possible licence (for
the data at least - it might be that it would be OK for map tiles)
can't be avoided.

That said, under the new CT, the door seems to remain open to a
reintroduction of a (later version, improved?) CC licence if such were
deemed to be Free and Open and subject to the 2/3 mandate.

Dermot

-- 
--
Igaühel on siin oma laul
ja ma oma ei leiagi üles

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[OSM-talk] CC-BY-SA still available? (was: OpenStreetMap License Change Phase 3 Pre-Announcement)

2011-04-13 Thread Ed Avis
Michael Collinson  ayeltd.biz> writes:

>If you are a user of OpenStreetMap data, this does not affect you. 
>OpenStreetMap data continues to be licensed only under CC-BY-SA and
>this will continue until we reach a critical mass of acceptance of the
>new license.

Accepting the new licence doesn't automatically imply rejection of the old one.
The contributor terms currently proposed are for the map to be distributed under
one or more of CC-BY-SA and ODbL/DbCL.  So the existing licence could be
continued as an option, for those users who prefer it, even after a changeover.

What's the plan for deciding whether and when to cut off CC-BY-SA distribution?
Would it require a 2/3 vote of contributors?

-- 
Ed Avis 


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