[talk-au] Blanchetown

2009-12-05 Thread Liz
I've just put in some of Blanchetown SA
I believe it has a grid of streets but my survey doesn't actually line up into 
a neat grid
Then there is a random lot of roads near the Murray.
Any mapper going near Blanchetown, turn off the highway and improve on the 
town please.
Liz

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Re: [talk-au] Blanchetown

2009-12-05 Thread John Henderson
I should be there sometime during the Tour Down Under, if no-one else 
gets the opportunity before then.

But a quick look around suggests there's a lot to be done all the way 
from Renmark.

John

Liz wrote:
 I've just put in some of Blanchetown SA
 I believe it has a grid of streets but my survey doesn't actually line up 
 into 
 a neat grid
 Then there is a random lot of roads near the Murray.
 Any mapper going near Blanchetown, turn off the highway and improve on the 
 town please.
 Liz
 
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Re: [talk-au] Blanchetown

2009-12-05 Thread Liz
On Sat, 5 Dec 2009, John Henderson wrote:
 I should be there sometime during the Tour Down Under, if no-one else
 gets the opportunity before then.

 But a quick look around suggests there's a lot to be done all the way
 from Renmark.

 John


There is a lot of empty space in real life in that district.

I've still got stuff I haven't dealt with properly from Oct 08 for example 
this set
http://www.billiau.net/zoph/photos.php?album_id=23_order=date_off=1140

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[talk-au] Database licence

2009-12-05 Thread Liz
There has been a great number of mails on osmf-talk about an upcoming vote on 
the database licence.

Sadly, I'd like to say that I will not be supporting the proposed new licence.
It is designed around European law, and gives database protection which is 
not a legal concept which is likely to apply here, after the recent High Court 
case Nine vs IceTv, when the database was not afforded protection.

I've been thinking about the imports from ABS and the Qld government. That 
data is licensed CC-by-SA and would have to be *removed* from OSM as we cannot 
negotiate with ABS and Qld for the new, non-existent licence with no basis in 
Australian law. This would make a whacking hole in our data and make our map 
look like an empty shell.

Only those who belonged to OSMF in Oct 09 will get a vote. Those who are 
'merely' contributors will only get to be asked if they will relicense their 
data or not. Only data from people who agree to relicensing will go forward 
into the new licence.

Liz

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Re: [talk-au] Database licence

2009-12-05 Thread Alex (Maxious) Sadleir
On Sat, Dec 5, 2009 at 10:13 PM, Liz ed...@billiau.net wrote:
 There has been a great number of mails on osmf-talk about an upcoming vote on
 the database licence.
But no notice on the site or wiki. I suppose it isn't official discussion.

 Sadly, I'd like to say that I will not be supporting the proposed new licence.
 It is designed around European law, and gives database protection which is
 not a legal concept which is likely to apply here, after the recent High Court
 case Nine vs IceTv, when the database was not afforded protection.
Certainly we should make this case clear to the OSM community.
Database protection always seemed to be a euro-centric ideal and not
one that the new licence analysis seemed to respond to adequately.
However, I believe that the ODbL constitutes both a licence and a
contract (especially in jurisdictions where copyright protection is
insufficient). So while you might not have a claim for copyright
infringement in protecting OSM data, you would still be able to assert
a breach of contract under one of the clauses such as the obligation
to Share Alike.

 I've been thinking about the imports from ABS and the Qld government. That
 data is licensed CC-by-SA and would have to be *removed* from OSM as we cannot
 negotiate with ABS and Qld for the new, non-existent licence with no basis in
 Australian law. This would make a whacking hole in our data and make our map
 look like an empty shell.

If we're working on the assumption that Nine vs. IceTV applies to
geographical databases and there's no copyright protection for them,
why do we have to care about licences at all in Australia anymore?
Certainly, there was some discussion about those licences even being
appropriate for releasing those databases (it was suggested that CC0
or public domain might be better).
I wouldn't bet on Nine vs. IceTV applying to every collection of raw
data and I agree that I would oppose a licence change that would lead
us to have to renegotiate every data import...


 Only those who belonged to OSMF in Oct 09 will get a vote. Those who are
 'merely' contributors will only get to be asked if they will relicense their
 data or not. Only data from people who agree to relicensing will go forward
 into the new licence.
Oh dear. I thought it was going to be an active contributor vote (you
had to have X edits in the last Y months) but looking at the threads
on osmf-talk it looks like that disappeared.

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Re: [talk-au] Database licence

2009-12-05 Thread 80n
On Sat, Dec 5, 2009 at 12:29 PM, Alex (Maxious) Sadleir
maxi...@gmail.comwrote:

 On Sat, Dec 5, 2009 at 10:13 PM, Liz ed...@billiau.net wrote:
  There has been a great number of mails on osmf-talk about an upcoming
 vote on
  the database licence.
 But no notice on the site or wiki. I suppose it isn't official
 discussion.

 It is official.  The vote is for members of the OSM Foundation, not for
ordinary contributors.

The OSM Foundation can't force anyone to relicense their existing data
but...

...the OSM Foundation owns the servers that run the site and if the change
is approved then they will stop accepting contributions on that site unless
you agree to the new terms (the OSMF Contributor Terms).

This is likely to be disruptive.

80n



  Sadly, I'd like to say that I will not be supporting the proposed new
 licence.
  It is designed around European law, and gives database protection which
 is
  not a legal concept which is likely to apply here, after the recent High
 Court
  case Nine vs IceTv, when the database was not afforded protection.
 Certainly we should make this case clear to the OSM community.
 Database protection always seemed to be a euro-centric ideal and not
 one that the new licence analysis seemed to respond to adequately.
 However, I believe that the ODbL constitutes both a licence and a
 contract (especially in jurisdictions where copyright protection is
 insufficient). So while you might not have a claim for copyright
 infringement in protecting OSM data, you would still be able to assert
 a breach of contract under one of the clauses such as the obligation
 to Share Alike.

  I've been thinking about the imports from ABS and the Qld government.
 That
  data is licensed CC-by-SA and would have to be *removed* from OSM as we
 cannot
  negotiate with ABS and Qld for the new, non-existent licence with no
 basis in
  Australian law. This would make a whacking hole in our data and make our
 map
  look like an empty shell.

 If we're working on the assumption that Nine vs. IceTV applies to
 geographical databases and there's no copyright protection for them,
 why do we have to care about licences at all in Australia anymore?
 Certainly, there was some discussion about those licences even being
 appropriate for releasing those databases (it was suggested that CC0
 or public domain might be better).
 I wouldn't bet on Nine vs. IceTV applying to every collection of raw
 data and I agree that I would oppose a licence change that would lead
 us to have to renegotiate every data import...

 
  Only those who belonged to OSMF in Oct 09 will get a vote. Those who are
  'merely' contributors will only get to be asked if they will relicense
 their
  data or not. Only data from people who agree to relicensing will go
 forward
  into the new licence.
 Oh dear. I thought it was going to be an active contributor vote (you
 had to have X edits in the last Y months) but looking at the threads
 on osmf-talk it looks like that disappeared.

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Re: [talk-au] Database licence

2009-12-05 Thread James Livingston
On 05/12/2009, at 10:29 PM, Alex (Maxious) Sadleir wrote:
 Certainly we should make this case clear to the OSM community.
 Database protection always seemed to be a euro-centric ideal and not
 one that the new licence analysis seemed to respond to adequately.
 However, I believe that the ODbL constitutes both a licence and a
 contract (especially in jurisdictions where copyright protection is
 insufficient). So while you might not have a claim for copyright
 infringement in protecting OSM data, you would still be able to assert
 a breach of contract under one of the clauses such as the obligation
 to Share Alike.

Databases in Australia actually have more protection than in somewhere like the 
US, because they have their own inherent copyright. But that protection is 
*very* different to what EU database rights are, particularly in light of the 
High Courts ruling on what is substantial. The biggest problem is that no-one 
knows exactly how it works any more, and how much of Desktop Marketing was 
reversed - lawyers are divided and we won't know until we get more court 
rulings based on the fall-out.


 Oh dear. I thought it was going to be an active contributor vote (you
 had to have X edits in the last Y months) but looking at the threads
 on osmf-talk it looks like that disappeared.

No, the vote whether to re-license is only for OSMF members. Future 
re-licensing done under the powers granted by the proposed contributor terms 
will require a vote of OSMF members and a vote of active contributors. 
Non-members do have some say though, you can refuse to agree to the 
re-licensing and contributor terms - if enough people reject them or can't be 
contacted, then I believe that the OSMF board might consider keeping CC in use, 
but that would require a fairly large amount of  people to do so.


As I understand if you reject the ODbL+terms, then any way/POII/whatever you 
have ever touched will be removed or reverted to the oldest non-acceptor's 
edit. I have no idea how they're planning on tracing the history through way 
merges and splits, but apparently that's how it's going to work. Unless we get 
close to 100% acceptance (which isn't likely, or maybe even possible) then it's 
going to severely screw up the data.



The biggest problem I see is not with the ODbL itself (although I have 
reservations about it, particularly around the use of contract law), but the 
contributor terms. Currently:
* We can import data licensed CC-BY or CC-BY-SA, for example most/all of 
data.australia.gov.au stuff
* We may not be able to use data from derived databases, because (arguably) 
CC-BY-SA isn't enforceable

With ODbL+contributor terms:
* We won't be able to import CC-BY(-SA) data unless the copyright holder agrees 
to the terms letting us relicense it without their approval
* We may not be able to use data from derived databases, because even though 
people have to release it, they don't have to agree to the terms.


I fail to see how there is any benefit from moving to ODbL, and so will be 
voting against it too. My 2c.

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Re: [talk-au] Database licence

2009-12-05 Thread Grant Slater
2009/12/5 80n 80n...@gmail.com:
 The OSM Foundation can't force anyone to relicense their existing data

For clarity... the OSM Foundation is not some evil group...
The OSMF is open, anyone from the community can join. The OSMF Board
is democratically elected from the OSMF membership.
OSMF Board: http://www.osmfoundation.org/wiki/Officers_%26_Board

Disclosure: I am an OSMF member, part of the sysadmin team and a
Licensing Working Group member. (And failed being elected to the board
2 years ago.)

snip
 ...the OSM Foundation owns the servers that run the site and if the change
 is approved then they will stop accepting contributions on that site unless
 you agree to the new terms (the OSMF Contributor Terms).

 This is likely to be disruptive.


Unfortunately any licensing change would be disruptive.

Some of the reasons why we which to move away from CC BY-SA:
http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable

/ Grant

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Re: [talk-au] Database licence

2009-12-05 Thread Grant Slater
2009/12/5 Liz ed...@billiau.net:
 Sadly, I'd like to say that I will not be supporting the proposed new licence.
 It is designed around European law, and gives database protection which is
 not a legal concept which is likely to apply here, after the recent High Court
 case Nine vs IceTv, when the database was not afforded protection.


The ODbL does not require European Database Directive protection.

Section 2 of the license defines the 3 pillars used; Copyright, EU
Database Directive and Contract Law.
http://www.opendatacommons.org/licenses/odbl/1.0/

/ Grant

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Re: [talk-au] Database licence

2009-12-05 Thread James Livingston
On 05/12/2009, at 11:30 PM, Grant Slater wrote:
 For clarity... the OSM Foundation is not some evil group...
 The OSMF is open, anyone from the community can join. The OSMF Board
 is democratically elected from the OSMF membership.

If anyone who isn't a OSMF member wants to read the discussion, it's available 
in the archives, with two posts at the end of November and everything so far 
this month:
http://lists.openstreetmap.org/pipermail/osmf-talk/

As expected, there is a fair amount of disagreement on whether the ODbL is 
good, whether the contributor terms are good, whether pro-ODbL people are 
trying to push it though before things have been sorted out, and whether 
anti-ODbL people are full of stop-energy and just like to complain.

 Some of the reasons why we which to move away from CC BY-SA:
 http://www.osmfoundation.org/wiki/License/Why_CC_BY-SA_is_Unsuitable

For reference, the two links that are going to be sent to us, which anyone can 
edit, are:
http://wiki.openstreetmap.org/wiki/Open_Data_License/Why_You_Should_Vote_Yes
http://wiki.openstreetmap.org/wiki/Open_Data_License/Why_You_Should_Vote_No



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Re: [talk-au] Blanchetown

2009-12-05 Thread John Henderson
Liz wrote:

 There is a lot of empty space in real life in that district.

True, but compare these for an example of what I mean:

http://www.whereis.com/sa/waikerie?id=21ADA5CC8AE6F4

http://www.openstreetmap.org/?lat=-34.1803lon=140.017zoom=14layers=B000FTF

John

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Re: [talk-au] Blanchetown

2009-12-05 Thread Liz
On Sun, 6 Dec 2009, John Henderson wrote:
  There is a lot of empty space in real life in that district.

 True, but compare these for an example of what I mean:

 http://www.whereis.com/sa/waikerie?id=21ADA5CC8AE6F4

 http://www.openstreetmap.org/?lat=-34.1803lon=140.017zoom=14layers=B000F
TF

 John
yes I took a circuit around Waikerie once  - that's the loop. I also went 
around some back streets, but it was in the pen and paper recording days and i 
can't make sense of the trace and the notes.
This Christmas Peter and I will be visiting Adelaide, so if we make one trip 
via the Sturt we could map one town / village reasonably well.
Pre-plan and we'll have a virtual mapping party on the Sturt Highway.



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Re: [talk-au] Boundary ways/relations

2009-12-05 Thread Liz
On Sun, 6 Dec 2009, James Livingston wrote:
 On 05/12/2009, at 7:10 AM, Ben Kelley wrote:
  In places where this is the case, and there is no good survey data for
  the creek, I generally re-use the way to be the creek as well.

 This is what I've been doing. If I know there is a currently unmapped
 creek/river which roughly follows the boundary, I'll re-use the boundary
 because I don't have anything better, but I'm wary of moving anything that
 is already mapped, because it might not be the same as the boundary.


This is what we are doing, but if everything attributed ABS2006 was removed 
from the database, we're up the creek without a paddle.


I feel very strongly about this, and vague reassurances that OSMF will talk to 
people like the AU government to get the stuff under an alternate licence 
belongs in la-la land.
I've met those bureaucrats (in general). They are nice people, but even if 
they were agreeable I would estimate 5 years for relicensing. If they were not 
agreeable it would be filed forever.

James has pointed out that the Au guvmint decision to license the geo-data 
under CC-by-SA is good evidence that the licence is not broken in Australia.


Liz


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Re: [talk-au] [Osmf-talk] my views on the ODbL

2009-12-05 Thread Richard Fairhurst
On 05/12/2009 21:31, Elizabeth Dodd wrote:
 The proposed licence is not a benefit to Australians in my view.

You have generously qualified this with in my view and I should point 
out that I disagree with all the force I can muster.

I spent about two hours this morning writing a pretty detailed e-mail, 
with all the case law citations you could want, explaining how the 
recent Australian High Court judgement followed Rural v Feist in the US, 
and therefore required the contract approach of ODbL rather than the 
copyright-only approach of CC-BY-SA.

I don't think you have at all answered the points in that, and therefore 
I stand by the viewpoint that in Australia, ODbL has the best chance of 
any open, non-clickwrap licence of protecting OSM's data. CC-BY-SA will 
not protect it at all.

The e-mail is here:
http://lists.openstreetmap.org/pipermail/osmf-talk/2009-December/000479.html

I don't mind that your vote is lost; but I hope that others will look 
into the law and the references cited, rather than taking either yours, 
or my, interpretations on trust.

Apologies for the cross-post, but you have raised this same point on all 
three lists. For anyone good enough to read and reply, please do trim 
the follow-ups.

Richard

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Re: [talk-au] Database licence

2009-12-05 Thread John Smith
2009/12/5 Liz ed...@billiau.net:
 Only those who belonged to OSMF in Oct 09 will get a vote. Those who are
 'merely' contributors will only get to be asked if they will relicense their
 data or not. Only data from people who agree to relicensing will go forward
 into the new licence.

I wonder if this will be the final straw that leads to the data being forked.

There generally seems to be 2 camps in most debates like this, you
have the idealists, and the pragmatists eg Debian=idealists,
Ubuntu=Pragmatists.

I'm generally not that overly concerned with the rest of the world,
but will be really upset with how this will push Australia backwards,
the ABS data and other datasets recently released by the verious
Australian governments has been very good in helping to push things
forward in low denisty areas and there is a lot of data that will just
up and vanish if they enforce this.

I'm not an OSMF member and have been getting more and more annoyed
with the way things are headed by the idealists.

I have the resources (hardware/bandwidth) at my disposal to do
something if I absolutely have to about Australia. I am really hoping
it won't need to come to that outcome because it will fork resources
considerably as the camps diverge.

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Re: [talk-au] Database licence

2009-12-05 Thread Elizabeth Dodd
On Sun, 6 Dec 2009, John Smith wrote:
 2009/12/5 Liz ed...@billiau.net:
  Only those who belonged to OSMF in Oct 09 will get a vote. Those who are
  'merely' contributors will only get to be asked if they will relicense
  their data or not. Only data from people who agree to relicensing will go
  forward into the new licence.

 I wonder if this will be the final straw that leads to the data being
 forked.

 There generally seems to be 2 camps in most debates like this, you
 have the idealists, and the pragmatists eg Debian=idealists,
 Ubuntu=Pragmatists.

 I'm generally not that overly concerned with the rest of the world,
 but will be really upset with how this will push Australia backwards,
 the ABS data and other datasets recently released by the verious
 Australian governments has been very good in helping to push things
 forward in low denisty areas and there is a lot of data that will just
 up and vanish if they enforce this.

 I'm not an OSMF member and have been getting more and more annoyed
 with the way things are headed by the idealists.

 I have the resources (hardware/bandwidth) at my disposal to do
 something if I absolutely have to about Australia. I am really hoping
 it won't need to come to that outcome because it will fork resources
 considerably as the camps diverge.



I too am seeing a fork in Australia as a result of this.


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[talk-au] Fwd: [OSM-talk] [Announce] OSMF license change vote has started

2009-12-05 Thread John Smith
-- Forwarded message --
From: Frederik Ramm frede...@remote.org
Date: 2009/12/6
Subject: Re: [OSM-talk] [Announce] OSMF license change vote has started
To: Richard Fairhurst rich...@systemed.net
Cc: t...@openstreetmap.org


Hi,

Richard Fairhurst wrote:
 The ODbL is overseen by a board which, as well as Jordan, Charlotte
 and Clark, also includes Lucie Guibault, a professor of copyright
 from the Netherlands, and Andres Guadamuz, a lecturer in E-Commerce
 Law and consultant to the World Intellectual Property Organisation.

Do you have any evidence that these latter two have actually read the
license? Because if not then it might be questionable to list them here,
whereas if yes, I'd love to hear what they had to say.

There have been some independent reviews of ODbL.

One relatively positive review by Axel Metzger, a German Law Professor,
which I have partly translated here:

http://lists.okfn.org/pipermail/odc-discuss/2009-August/000181.html

There has been a slightly more critical review of an earlier version of
the license by a lawyer contracted by ITO:

http://wiki.openstreetmap.org/wiki/ITO_World/ODbL_Licence_0.9_legal_review_for_ITO

And there's a review in Dutch by an Internet lawyer of which I cannot
say whether it's good or bad:

http://blog.iusmentis.com/2009/07/15/open-source-databanken-de-opendatabanklicentie-versie-10

Bye
Frederik

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

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Re: [talk-au] Blanchetown

2009-12-05 Thread John Henderson
Liz wrote:

 This Christmas Peter and I will be visiting Adelaide, so if we make one trip 
 via the Sturt we could map one town / village reasonably well.
 Pre-plan and we'll have a virtual mapping party on the Sturt Highway.

If you zoom in on the whereis map, you'll see two roads whose names are 
legendary in the area.  I'm surprised no-one has named them.

I speak of Holder Top Road and Holder Bottom Road. :)

John

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