Re: [OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Mateusz Konieczny]

On Sun, 5 Nov 2017 21:29:21 +0100
Simon Poole  wrote:

> Back to WD: as pointed about above, the issue is not that the WMF is
> claiming that WD can be used on CC0 terms when it couldn't be, aka
> laundering the data (quite to the contrary), it is that because  we
> would need to vet the provenance of the data (because it is obviously
> from a large variety of non-declared sources) and that is a
> non-starter.

I attempted to describe situation at
https://wiki.openstreetmap.org/wiki/Wikidata#Importing_data - can you
look at it? Hopefully it will help to avoid rehashing this topic in
future (and is rather closer to truth than
https://wiki.openstreetmap.org/w/index.php?title=Wikidata=1518440#Importing_data
claiming "data may be copied from Wikidata without restriction." since
2014 -
https://wiki.openstreetmap.org/w/index.php?title=Wikidata=1053450=1045330
)

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Re: [OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Simon Poole]

Maybe I need to expand a bit, this was discussed early on when WD first
became available, and is just a rehash of that.

Essentially it boils down to

- the WMF only licences ".. all of Affirmer's Copyright and Related
Rights and..." on CC0 terms (CC0 2.), in other words their rights

- and doesn't warrant that the Work is free of third party rights (CC0 4.c)

See https://creativecommons.org/publicdomain/zero/1.0/legalcode for the
text.

You will find similar provisions in many public licenses.

In general when we are using third party data in OSM the onus is on us
to do enough due diligence to determine the provenance of the data and
if it is actually possible to use it on the terms presented. Depending
on the source this may be reasonably easy to do with a high degree of
confidence, in other cases it may not (an infamous case was part of the
downfall of openaddresses.uk). 

Now while in principle the same applies to somebody using OSM data, we
(OSM) invest a lot of effort in ensuring that any third party data can
actually be distributed on our licence terms (and that includes shying
away from anything that could cause issues). So while we are clearly not
perfect, we are a lot lot better than essentially any other project in
the same space.

Back to WD: as pointed about above, the issue is not that the WMF is
claiming that WD can be used on CC0 terms when it couldn't be, aka
laundering the data (quite to the contrary), it is that because  we
would need to vet the provenance of the data (because it is obviously
from a large variety of non-declared sources) and that is a non-starter.

Simon

Am 05.11.2017 um 20:36 schrieb Mateusz Konieczny:
> On Sun, 5 Nov 2017 10:28:29 -0800
> Mark Wagner  wrote:
>
>> Not an issue.  The CC0 license explicitly calls out database rights as
>> being released to the greatest extent possible.  From the text of the
>> license (https://creativecommons.org/publicdomain/zero/1.0/legalcode)
> What about cases where:
>
> 1) there is database from say UK, protected under database rights
> 2) imported into Wikidata (AFAIK in compliance with USA laws)
> 3) described by Wikidata as CC0
>
> 1) coordinates are copied from for example Google Maps into Wikipedia
> (it is accepted and encouraged on Wikipedia as AFAIK it is not against
> USA law)
> 2) imported into Wikidata (done on a massive scale, significant part
> of Wikidata is mass scale copying of facts justified by "facts are not
> copyrighted")
> 3) described by Wikidata as CC0
>
> I am quite sure that in both cases Wikidata contains data not usable in
> EU/UK (and the same time it can be claimed that data is CC0 - at least
> in USA it is true).
>
> Hopefully I am missing something but I am pretty sure that removing
> database rights from collection of data is not as simple as "republish
> database in USA and copy it back".
>
> If copying coordinate data from Google Maps is not OK than copying
> Wikidata coordinates (that were copied from Wikipedia, sourced to
> Google Maps) is also not OK.
>
> Note that examples above are not theoretical, especially tainted
> geotagging is problematic.
>
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Re: [OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Mateusz Konieczny]

On Sun, 5 Nov 2017 10:28:29 -0800
Mark Wagner  wrote:

> Not an issue.  The CC0 license explicitly calls out database rights as
> being released to the greatest extent possible.  From the text of the
> license (https://creativecommons.org/publicdomain/zero/1.0/legalcode)

What about cases where:

1) there is database from say UK, protected under database rights
2) imported into Wikidata (AFAIK in compliance with USA laws)
3) described by Wikidata as CC0

1) coordinates are copied from for example Google Maps into Wikipedia
(it is accepted and encouraged on Wikipedia as AFAIK it is not against
USA law)
2) imported into Wikidata (done on a massive scale, significant part
of Wikidata is mass scale copying of facts justified by "facts are not
copyrighted")
3) described by Wikidata as CC0

I am quite sure that in both cases Wikidata contains data not usable in
EU/UK (and the same time it can be claimed that data is CC0 - at least
in USA it is true).

Hopefully I am missing something but I am pretty sure that removing
database rights from collection of data is not as simple as "republish
database in USA and copy it back".

If copying coordinate data from Google Maps is not OK than copying
Wikidata coordinates (that were copied from Wikipedia, sourced to
Google Maps) is also not OK.

Note that examples above are not theoretical, especially tainted
geotagging is problematic.

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Re: [OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Simon Poole]

Am 05.11.2017 um 19:28 schrieb Mark Wagner:
>
> Not an issue.  The CC0 license explicitly calls out database rights as
> being released to the greatest extent possible.  From the text of the
> license (https://creativecommons.org/publicdomain/zero/1.0/legalcode)
>
Yes, if it is the rights holder licensing on CC0 terms,

Otherwise (case at hand) irrelevant.
 



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Re: [OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Mark Wagner]

On Sun, 5 Nov 2017 11:47:22 +0100
Mateusz Konieczny  wrote:

> tl;dr 
> 
> It may be not OK to import data from Wikidata despite that this
> database is CC0 (adding wikipedia/wikidata tags is still OK, but this
> connection is mostly useless for adding data into OSM).
> 
> It may be necessary to revert some imports of data from Wikidata
> 
> 
> 
> Note: it is likely that some of what I write below is
> misunderstanding, I am not a lawyer. I would be happy to discover
> that I am wrong and that Wikidata is usable for us.
> 
> In UK and EU putting effort into compiling a database grants a
> property right called sui generis database right (very similar to
> copyright).

Not an issue.  The CC0 license explicitly calls out database rights as
being released to the greatest extent possible.  From the text of the
license (https://creativecommons.org/publicdomain/zero/1.0/legalcode)

> 1. Copyright and Related Rights include, but are not limited to, the
> following:

> vi. database rights (such as those arising under Directive 96/9/EC of
> the European Parliament and of the Council of 11 March 1996 on the
> legal protection of databases, and under any national implementation
> thereof, including any amended or successor version of such
> directive)...

> 2. Waiver. To the greatest extent permitted by, but not in
> contravention of, applicable law, Affirmer hereby overtly, fully,
> permanently, irrevocably and unconditionally waives, abandons, and
> surrenders all of Affirmer's Copyright and Related Rights...

-- 
Mark

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[OSM-talk] CC0 in UK, CC0 in USA, sui generis database right and Wikidata

[Mateusz Konieczny]

tl;dr 

It may be not OK to import data from Wikidata despite that this
database is CC0 (adding wikipedia/wikidata tags is still OK, but this
connection is mostly useless for adding data into OSM).

It may be necessary to revert some imports of data from Wikidata



Note: it is likely that some of what I write below is misunderstanding,
I am not a lawyer. I would be happy to discover that I am wrong and
that Wikidata is usable for us.

In UK and EU putting effort into compiling a database grants a property
right called sui generis database right (very similar to copyright).

There is no protection like that in USA. A database may be protected by
copyright when the selection or arrangement is original and creative.

"One classic example of a database that is not protected by copyright
is a telephone directory. Arranging names, addresses, and telephone
numbers of subscribers in alphabetical order is not creative enough to
meet even the low threshold required for copyright protection. This is
true no matter how much work went into the creation of the telephone
directory, or any other database. Copyright law protects the creative
expression in a work, not the labor that went into its creation (or the
author’s "sweat of the brow" as it’s often referred to in the law)."

https://meta.wikimedia.org/wiki/Wikilegal/Database_Rights
https://en.wikipedia.org/wiki/Sui_generis_database_right



So, it may be legal in USA to take database from EU and/or UK protected
by sui generis database, merge it with other databases and publish it
as CC0 database.

In addition, Wikidata seems to rely heavily on assumption that
individual facts are not protected by copyright so it is OK to copy
individual facts to build a database ("non-copyrightable facts").

As I understand doing this is legal in USA the resulting CC0
work would not be free to use in EU and/or UK due to sui generis
database right.



AFAIK Wikidata is one of examples where this happens and unfortunately
it is not OK to import data from this source - it is necessary to check
that used data does not include data from sources protected by EU
and/or UK property law (and there is no easy way to do that what makes
Wikidata mostly useless for importing data)



It also seems that unlike Wikimedia Commons that handles copyright
issues very well there is no documentation explaining how Wikidata data
may be used

Wikimedia Commons

good explanation of copyright issues:

https://commons.wikimedia.org/wiki/Commons:Reusing_content_outside_Wikimedia
https://commons.wikimedia.org/wiki/Commons:Copyright_rules

Wikidata

no explanation of copyright issues that I was able to find (either I
missed something of Wikidata community is not concerned about
copyright and other property laws):

https://www.wikidata.org/wiki/Wikidata:Copyright
https://www.wikidata.org/w/index.php?title=Wikidata:Project_chat=576665752#Wikidata:Copyright_rules_.28AKA_-_is_Wikidata_CC0_in_Europe.3F.29

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