Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 9:33 AM, Robert Kaiser wrote: > Ed Avis schrieb: >> >> Well, 67% of 'active contributors' however defined. > > Wait. Stop for a moment here. Doesn't the CT have a very clear definition of > how "active contributors" are defined? There's not a clear definition of how 67% is

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Simon Ward
On Fri, Dec 10, 2010 at 03:33:59PM +0100, Robert Kaiser wrote: > Ed Avis schrieb: > >Well, 67% of 'active contributors' however defined. > > Wait. Stop for a moment here. Doesn't the CT have a very clear > definition of how "active contributors" are defined? It is quite well defined but not well

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Simon Ward
On Fri, Dec 10, 2010 at 09:57:38AM +, Rob Myers wrote: > On 10/12/10 09:10, Simon Ward wrote: > > > >If the change is so different that it is not covered in an explicit list > >of licences *and* their upgrades that were agreed to by contributors, > >then actually, yes, I want to tie people’s ha

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 8:03 PM, Robert Kaiser wrote: > Anthony schrieb: >> >> 1) You can't take things out of the public domain. > > Of course you can't. But you can AFAIK (still, IANAL, bare that in mind) > make new contributions or a derived work and put that under any different > terms you lik

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Robert Kaiser
Anthony schrieb: 1) You can't take things out of the public domain. Of course you can't. But you can AFAIK (still, IANAL, bare that in mind) make new contributions or a derived work and put that under any different terms you like, right? I think it's clear that what is currently in the OSM

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 11:53 AM, Ed Avis wrote: > Just a note to say that it is not universally agreed that the ODbL is > "free and open".  I don't consider it to be a free licence because of the > contract-law provisions.  However I seem to be in a very small minority > (perhaps a minority of on

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Ed Avis
Just a note to say that it is not universally agreed that the ODbL is "free and open". I don't consider it to be a free licence because of the contract-law provisions. However I seem to be in a very small minority (perhaps a minority of one) on this point so I don't bang on about it *too* often

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Thu, Dec 9, 2010 at 4:46 PM, 80n <80n...@gmail.com> wrote: > Share alike is a very simple thing to define.  If you receive > something you can only distribute it under exactly the same terms that > you received it. "Share alike" was a term invented by CC. They define it, in plain English, as "

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 9:40 AM, Rob Myers wrote: > On 12/10/2010 02:29 PM, Robert Kaiser wrote: >> >> Rob Myers schrieb: >>> >>> Please name the jurisdictions you have in mind and provide references to >>> the applicable case law in those jurisdictions. Please also provide >>> sources demonstrati

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Ed Avis
Robert Kaiser writes: >>Well, 67% of 'active contributors' however defined. > >Wait. Stop for a moment here. Doesn't the CT have a very clear >definition of how "active contributors" are defined? It says they have "edited the Project" in the past 3 months. But the point is that this could, in

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Rob Myers
On 12/10/2010 02:29 PM, Robert Kaiser wrote: Rob Myers schrieb: Please name the jurisdictions you have in mind and provide references to the applicable case law in those jurisdictions. Please also provide sources demonstrating that data is PD in those jurisdictions. WHAT about "IANAL" in my me

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Robert Kaiser
Ed Avis schrieb: Well, 67% of 'active contributors' however defined. Wait. Stop for a moment here. Doesn't the CT have a very clear definition of how "active contributors" are defined? Robert Kaiser ___ legal-talk mailing list legal-talk@openstre

Re: [OSM-legal-talk] [OSM-talk] Unsetting CT flag

2010-12-10 Thread Robert Kaiser
Rob Myers schrieb: Please name the jurisdictions you have in mind and provide references to the applicable case law in those jurisdictions. Please also provide sources demonstrating that data is PD in those jurisdictions. WHAT about "IANAL" in my message don't you understand? Robert Kaiser _

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Anthony
On Fri, Dec 10, 2010 at 1:22 AM, Grant Slater wrote: > OSMF would have to block 1000s [1] of contributors/mappers for a > period of at least 10 months, stop them from creating new accounts and > do this all without upsetting the rest of the contributors > (electorate). While a theoretical, I simpl

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread 80n
On Fri, Dec 10, 2010 at 9:57 AM, Rob Myers wrote: > > Yes, an upgrade clause is (on balance) good, although some people regard > that loss of control as immoral in itself. But that already removes the > control of individuals over the licencing other individuals can use in the > future. And OSM h

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread David Groom
Francis, thank you for your detailed explanation. The position I am in is that I have submitted data which is based on CC-BY-SA sources, my points below are base upon this fact - Original Message - From: "Francis Davey" To: "Licensing and other legal discussions." Sent: Friday, De

Re: [OSM-legal-talk] Is this click through agreement compatible with OSM?

2010-12-10 Thread Chris Fleming
On 09/12/2010 22:16, Gregory Arenius wrote: The city of San Francisco has made a bunch of geo data available. I plan on importing the address nodes so that we can have door to door routing for San Francisco and for geocoding purposes. I just want to see if the click through is compatible. My

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Rob Myers
On 10/12/10 09:10, Simon Ward wrote: If the change is so different that it is not covered in an explicit list of licences *and* their upgrades that were agreed to by contributors, then actually, yes, I want to tie people’s hands from making such a change. It should be substantially harder, not

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Simon Ward
In general, I think you completely miss the point. Wherever you might like me to go, I am part of the community, so are all of the other people who disagree with you. If a small number of people coming up with the CTs wants to ignore me and others for the sake of getting something out, then I don

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Simon Ward
On Fri, Dec 10, 2010 at 08:48:47AM +, Rob Myers wrote: > On 10/12/10 02:17, Simon Ward wrote: > >If there’s any ambiguity, I’d rather remove as much of it as possible. > >This includes being precise about the possible licences, especially as > >“free” or “open” isn’t to my knowledge legally def

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Ed Avis
Frederik Ramm writes: >Or OSMF could simply sell off the servers, have a grand board meeting on >the Maledives with all expenses paid, and declare bankruptcy afterwards. > >Oh wait, they can do that even now. I do rather agree with you that trying to nail down and exclude all the nefarious an

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Ed Avis
Grant Slater writes: >>The definition of active >>contributor can probably be altered by the simple expedient of blocking >>contributions from those who don't click 'agree' to any proposed new policy. >OSMF would have to block 1000s [1] of contributors/mappers for a >period of at least 10 months

[OSM-legal-talk] Free and open (Re: CT clarification: third-party sources)

2010-12-10 Thread Simon Ward
[I’ve followed up Francis’ post, but also quoted from another sub‐thread, because I think his post includes a response to that.] On Fri, Dec 10, 2010 at 02:17:50AM +, I wrote: > If there’s any ambiguity, I’d rather remove as much of it as possible. > This includes being precise about the possi

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Frederik Ramm
Hi, On 12/10/10 03:09, Simon Ward wrote: We are expected to give OSMF broad rights and trust them to do what’s good, yet if a contributor should attempt to assert their rights it is deemed unjust, unfair to the community, or whatever other daemonising you can think of. The balance is wrong, and

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Francis Davey
On 10 December 2010 08:28, Francis Davey wrote: > > Eg, the open government licence (UK) requires that certain conditions > are met, eg that data protection rules are not broken and that a form > of attribution is used. The contributor would be in breach of the > licence if they contributed withou

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Rob Myers
On 10/12/10 02:17, Simon Ward wrote: If there’s any ambiguity, I’d rather remove as much of it as possible. This includes being precise about the possible licences, especially as “free” or “open” isn’t to my knowledge legally defined. But we don't know the possible licence. It may not yet exis

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Francis Davey
On 10 December 2010 02:13, Simon Ward wrote: > On Fri, Dec 10, 2010 at 01:16:44AM +0100, Frederik Ramm wrote: >> As I understood it, the old CTs basically required the contributor >> to guarantee that his contribution was compatible with the CT, while >> the new CTs only require the contributor to

Re: [OSM-legal-talk] CT clarification: third-party sources

2010-12-10 Thread Frederik Ramm
Hi, On 12/10/10 00:15, Ed Avis wrote: Well, 67% of 'active contributors' however defined. The definition of active contributor can probably be altered by the simple expedient of blocking contributions from those who don't click 'agree' to any proposed new policy. Or OSMF could simply sell off