Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Dennis Bollyn
Kristoff,
I don't think a license that forbids commercial use of the data is compatible 
with openstreetmap. Doing so would in my opinion be counter to the spirit.
Best regards,
Gyrbo

- Oorspronkelijk bericht - 
Van : Kristoff Bonne [mailto:kristoff.bo...@skypro.be]
Verzonden : dinsdag , september 22, 2009 08:37 AM 
Aan : talk-be@openstreetmap.org
Onderwerp : [OSM-talk-be] licence-agreement for using 3th party received 
information ???

Hi All, 


After I managed to receive the official streetmap data from my 
town-administration, I'm now quering the neighbouring towns for the same 
thing. 


Now, IMHO, what would help to persuade the administrations is a bit more 
legal security on the use of this information. After all, this 
information does also have a commercial value (when they are also 
licenced to the commercial streetmap companies) so it might be usefull 
to provide the same kind of thing. 

So, I don't know how the discussion on the vzw is going, but perhaps 
one of the things that I would concider it to be for it, would be to 
draw up a formal licence-agreement (perhaps you can ask legal support 
from one of the other open-source related organisation on this) and to 
be the party which who (say) a city council or a town's administration 
can sign this agreement. 


IMHO, the license would need to contain something like this: (this is 
just a rough idea, I tried to balance the rights of both parties as much 
as possible). 
- the city-council is copyright-owner of the information and remains it 
to be; including in furher copies of this information 
- the city-council permit the information to be entered into the 
openstreetmap-server, under the open-documentation licence 
- no commercial use of this information is allowed (this would stop the 
commercial companies from copying the streetmap-information from the 
openstreetmap-server instead of asking (read: pay for) it from the 
city-councils. 



It would then be usefull if the vzw would enter this kind of information 
into the openstreetmap-server. The situation now is that -as I am the 
person who received the informaton from my city-council and who uploaded 
it- if any legal problems would arrize this would all trace-back to me! 

So, if information received from thirth-parties would be uploaded by an 
account which is owned by the vzw; this would also safeguard the 
volonteers who do the work from being legally draged into a court-case 
if problems would arrize (e.g. with the commercial streetmap-companies). 



I think, if you have an organisation that works with volonteers, it's 
always your responsability to make sure these volonteers are as much 
protected as possible. (this is a bit in the same line as the message 
I posted earlier on assurence for volonteers who take part in a 
streetmapping-event). 


Any comments or questions welcome! 


Cheerio! 
Kr. Bonne. 

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Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Ben Laenen
Kristoff Bonne wrote:
 Hi All,
 
 
 After I managed to receive the official streetmap data from my
 town-administration, I'm now quering the neighbouring towns for the same
 thing.

A little question:

would it be possible to setup some server to host the files we get this way, 
so everyone in the project can make use of it? Or for later reference should 
the person who got the data disappear? Of course it should come with the 
metadata that the file is under the same license as OSM.

Because I still remember that mysterious railway gps tracks dataset someone 
got from NMBS or other railway company for usage in OSM (about two years ago I 
think), and then no-one ever heard of him again. So there's that useful data 
somewhere, except no-one can use it because the data disappeared with the 
person.

Greetings
Ben

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Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Luc Van den Troost
If it is data that can be transformed in a GPX file it should be the
most easy to upload it as a 'track' that is public? 

For other data that should be public available, isn't there some
existing - osm - server that could host it? 

I have plenty of place on a server where only bandwidth can be a
problem, limited place on a server where bandwidth is no problem. 

Luc / Speedy


On Tue, 2009-09-22 at 14:23 +0200, Ben Laenen wrote:
 Kristoff Bonne wrote:
  Hi All,
  
  
  After I managed to receive the official streetmap data from my
  town-administration, I'm now quering the neighbouring towns for the same
  thing.
 
 A little question:
 
 would it be possible to setup some server to host the files we get this way, 
 so everyone in the project can make use of it? Or for later reference should 
 the person who got the data disappear? Of course it should come with the 
 metadata that the file is under the same license as OSM.
 
 Because I still remember that mysterious railway gps tracks dataset someone 
 got from NMBS or other railway company for usage in OSM (about two years ago 
 I 
 think), and then no-one ever heard of him again. So there's that useful data 
 somewhere, except no-one can use it because the data disappeared with the 
 person.
 
 Greetings
 Ben
 
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Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Kristoff Bonne
Ben,


The ESRI-files I received as been converted to points and ways and have
been uploaded directly to the OSM-server in that form.

But, concidering storing the original files in some central place, the
issue is that I have a spoken agreement with the person who provided
these files for uploading them to the openstreetmap-project. I have
never spoken to him about giving these files to other people or
something like that.

That's exactly one of the reasons why I think some kinf of written
agreement would not be a bad thing. At least, it provides clearity on
who does what, what information is stored where, etc.

In the end, this is in the interest of everybody!



Cheerio! Kr. Bonne.

Ben Laenen schreef:
 Kristoff Bonne wrote:
   
 Hi All,


 After I managed to receive the official streetmap data from my
 town-administration, I'm now quering the neighbouring towns for the same
 thing.
 

 A little question:

 would it be possible to setup some server to host the files we get this way, 
 so everyone in the project can make use of it? Or for later reference should 
 the person who got the data disappear? Of course it should come with the 
 metadata that the file is under the same license as OSM.

 Because I still remember that mysterious railway gps tracks dataset someone 
 got from NMBS or other railway company for usage in OSM (about two years ago 
 I 
 think), and then no-one ever heard of him again. So there's that useful data 
 somewhere, except no-one can use it because the data disappeared with the 
 person.

 Greetings
 Ben

   


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Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Kristoff Bonne
Hi Dennis and all others.


I just checked at it looks like you are right. To bad the license-system
does not allow (e.g.) the user to select between a commercial use
barred or commercial use allowed license per data-element they enter.

After all, on everything that is upload is some metadata attached, so it
would be perfectly possible to encode this distiction inside the database.
The


But, besides this point, I still think it would be interesting to have
some kind of formal license-agreement that a thirth-party can sign (even
it just is a copy of the normal license of the openstreetmap-project
adding we provide out data to 'openstreetmap.be vzw' who have to right
to enter them into the openstreetmap-server on out behalve.


A lot of organisation like some kind of formal agreement they can look
at, be verified by their legal department and be signed by the
schepen or somebody else.
(it's actually a great opportunity to invite the press and get some
coverage for the openstreetmap-project).



Perhaps somebody should contact an organisation like the FFII to get
some advice on this; as they probably have more experience with this
kind of legal issues.



Cheerio! Kr. Bonne.

 Kristoff,
 I don't think a license that forbids commercial use of the data is compatible 
 with openstreetmap. Doing so would in my opinion be counter to the spirit.
 Best regards,
 Gyrbo

 - Oorspronkelijk bericht - 
 Van : Kristoff Bonne [mailto:kristoff.bo...@skypro.be]
 Verzonden : dinsdag , september 22, 2009 08:37 AM 
 Aan : talk-be@openstreetmap.org
 Onderwerp : [OSM-talk-be] licence-agreement for using 3th party received 
 information ???

 Hi All, 


 After I managed to receive the official streetmap data from my 
 town-administration, I'm now quering the neighbouring towns for the same 
 thing. 


 Now, IMHO, what would help to persuade the administrations is a bit more 
 legal security on the use of this information. After all, this 
 information does also have a commercial value (when they are also 
 licenced to the commercial streetmap companies) so it might be usefull 
 to provide the same kind of thing. 

 So, I don't know how the discussion on the vzw is going, but perhaps 
 one of the things that I would concider it to be for it, would be to 
 draw up a formal licence-agreement (perhaps you can ask legal support 
 from one of the other open-source related organisation on this) and to 
 be the party which who (say) a city council or a town's administration 
 can sign this agreement. 


 IMHO, the license would need to contain something like this: (this is 
 just a rough idea, I tried to balance the rights of both parties as much 
 as possible). 
 - the city-council is copyright-owner of the information and remains it 
 to be; including in furher copies of this information 
 - the city-council permit the information to be entered into the 
 openstreetmap-server, under the open-documentation licence 
 - no commercial use of this information is allowed (this would stop the 
 commercial companies from copying the streetmap-information from the 
 openstreetmap-server instead of asking (read: pay for) it from the 
 city-councils. 



 It would then be usefull if the vzw would enter this kind of information 
 into the openstreetmap-server. The situation now is that -as I am the 
 person who received the informaton from my city-council and who uploaded 
 it- if any legal problems would arrize this would all trace-back to me! 

 So, if information received from thirth-parties would be uploaded by an 
 account which is owned by the vzw; this would also safeguard the 
 volonteers who do the work from being legally draged into a court-case 
 if problems would arrize (e.g. with the commercial streetmap-companies). 



 I think, if you have an organisation that works with volonteers, it's 
 always your responsability to make sure these volonteers are as much 
 protected as possible. (this is a bit in the same line as the message 
 I posted earlier on assurence for volonteers who take part in a 
 streetmapping-event). 


 Any comments or questions welcome! 


 Cheerio! 
 Kr. Bonne. 

   
 

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Re: [OSM-talk-be] licence-agreement for using 3th party received information ???

2009-09-22 Thread Ben Laenen
Kristoff Bonne wrote:
 Ben,
 
 
 The ESRI-files I received as been converted to points and ways and have
 been uploaded directly to the OSM-server in that form.

About which municipality are we actually speaking btw? From which town did you 
get the data?


 But, concidering storing the original files in some central place, the
 issue is that I have a spoken agreement with the person who provided
 these files for uploading them to the openstreetmap-project. I have
 never spoken to him about giving these files to other people or
 something like that.

But by uploading to OSM you're basically doing just that: giving it away to 
other people. Except that when you don't make the file itself available 
somewhere, some people may have a slightly harder time extracting the dataset 
from OSM again. But it's possible nonetheless, and he could then make an ESRI 
file again from that and distribute that under the CC license, and so we end 
up with the same file you started with, except a possible quality loss.

So I do not understand your point here. By giving it to OSM through you he 
basically said it's OK to distribute under OSM license. So you can make the 
file by itself available under the same license. It'll stay under the 
copyright of whatever organization made the ESRI file, but would just get a CC 
license stamp.

You just never know what will happen in future with the data, and we might 
need it again, and you may not be around then.


 That's exactly one of the reasons why I think some kinf of written
 agreement would not be a bad thing. At least, it provides clearity on
 who does what, what information is stored where, etc.
 
 In the end, this is in the interest of everybody!

Well, it would look more formal, but in the end an OSM Belgium vzw wouldn't be 
more official than you as a private person. You could have signed a contract 
with him just as well if you want a written agreement to be sure no problems 
could arise in future. I don't think the envelope of a non-profit organization 
would mean its members aren't vulnerable to those claims.

Greetings
Ben

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