Re: [OSM-legal-talk] Is listing at Contributors page qualifying as waiver for CC BY 4.0?

2020-10-23 Thread Andrew Harvey
Some here would say that when the publisher indicates their interpretation of the license then we can rely on that instead going with our interpretation of the license, but I am not a lawyer. If they can sign the LWG waiver it makes things a lot easier, but it's not the only option. On Fri, 23 Oc

Re: [OSM-legal-talk] [talk-au] ACT CC BY waiver

2017-05-30 Thread Andrew Harvey
Thanks for your thoughts Simon. On Tue, 30 May 2017, at 06:00 PM, Simon Poole wrote: > Andrew, pls jog my memory, is the ACT data available on CC BY 4.0 terms or are the terms based on a earlier version? It's CC BY 4.0 -> http://www.actmapi.act.gov.au/terms.html > The problem with point 2

[OSM-legal-talk] ACT CC BY waiver

2017-05-29 Thread Andrew Harvey
I contacted the ACT Government to see if they could complete the CC BY waiver form as provided at https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/. We have previous correspondence at https://wiki.openstreetmap.org/wiki/Attribution/Australian_Capital_Territory from which the local commun

Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-08 Thread Andrew Harvey
On 8 July 2016 at 23:47, Simon Poole wrote: > Both the Horizontal Layer and the Collective Database guidelines address > a specific de-duplication issue (in respect to the above use case): if > you take your proprietary dataset and remove all POIs from the OSM > dataset that exist in your data, t

[OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-08 Thread Andrew Harvey
According to [1] if someone combines non-horizontal layers together, the results must be shared under the ODBL. From my investigation it appears that the MAPS.ME app [2] is combining OSM hotels with non-OSM hotels. https://tianjara.net/hosted/maps.me-1.png is a screenshot from the app. Hotel A ap

Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-12-24 Thread Andrew Harvey
Sorry my mistake. Thanks for picking up on that. On 24/12/2015 9:01 pm, "Simon Poole" wrote: > Am 23.12.2015 um 23:58 schrieb Andrew Harvey: > > I'm really keen on seeing this compatibility question resolved too. CC > > BY is becoming the standard license for

Re: [OSM-legal-talk] Using a WMS imagery with CC-BY4.0

2015-12-23 Thread Andrew Harvey
I'm really keen on seeing this compatibility question resolved too. CC BY is becoming the standard license for government geospatial data in Australia, and it would be much simpler to interchange data both ways if it were compatible with the ODbL. On 15 July 2015 at 00:22, Tom Lee wrote: > I'll a

Re: [OSM-legal-talk] NSW LPI permission

2015-12-21 Thread Andrew Harvey
On 22 December 2015 at 03:48, Tom Lee wrote: > Point 1 is simple agreement. > > Point 2 also seems fine (obviously it's impossible to anticipate every > possible future for OSM, but an attribution-free one seems about as unlikely > as any). > > Point 3 is the least appealing, but I would personall

Re: [OSM-legal-talk] NSW LPI permission

2015-12-20 Thread Andrew Harvey
e imported all LPI data into OSM and then filtered the planet extract or API to only return LPI data, they would need to provide LPI attribution as per their request and not just attribute this as OSM. On 13 December 2015 at 21:57, Andrew Harvey wrote: > On 12 December 2015 at 22:47, Robert W

Re: [OSM-legal-talk] NSW LPI permission

2015-12-13 Thread Andrew Harvey
On 12 December 2015 at 22:47, Robert Whittaker (OSM lists) wrote: > If their legal people are genuinely happy for the ODbL level of > attribution (particularly with respect to produced works), then it > would make everyone's life much easier if they were able to dual > licence the data under the O

Re: [OSM-legal-talk] NSW LPI permission

2015-12-11 Thread Andrew Harvey
On 12 December 2015 at 04:11, Tom Lee wrote: > Andrew, I am not a member of the LWG, but insofar as: > > - questions regarding CC-BY 3.0's compatibility with ODbL hinge on the > impracticality of downstream compliance with the license's attribution > requirements in a geo context > - the rightshol

[OSM-legal-talk] NSW LPI permission

2015-12-09 Thread Andrew Harvey
We've received some correspondence from a state government department regarding the use of their CC BY 3.0 AU licensed data and imagery within OpenStreetMap. One OSM member initially received the response: https://wiki.openstreetmap.org/wiki/Attribution/New_South_Wales_Government_Data#Cleary.27s_L

Re: [OSM-legal-talk] Licensing a combined OSM adapted and CC-BY derived work

2015-11-23 Thread Andrew Harvey
th licenses via attribution and dual licensing of my new work. If it's okay, then this opens up a problem that my changes can't be incorporated into OSM which defeats the whole point of the copyleft OSM licence? On 23/11/2015 9:33 pm, "Simon Poole" wrote: > > > Am 23.1

Re: [OSM-legal-talk] Licensing a combined OSM adapted and CC-BY derived work

2015-11-22 Thread Andrew Harvey
On 23 November 2015 at 13:27, Paul Norman wrote: > CC BY 3.0 doesn't allow you to do this, as it requires you to impose > conditions not present in the ODbL. When I publish my new work, I add all the required attributions and statements required by the CC-BY 3.0 license (in clause 4B). Are these

Re: [OSM-legal-talk] Licensing a combined OSM adapted and CC-BY derived work

2015-11-22 Thread Andrew Harvey
On 23 November 2015 at 13:06, Andrew Harvey wrote: > To comply with the OSM data's ODBL license, my published results > contain a notice that it is "based on data (c) OpenStreetMap > Contributors under the Open Database License > http://www.openstreetmap.org/copyright

[OSM-legal-talk] Licensing a combined OSM adapted and CC-BY derived work

2015-11-22 Thread Andrew Harvey
I consume OSM data, adapt it for my needs by adjusting OSM geometries to match CC-BY licensed aerial imagery, and then publish the result publicly. To comply with the OSM data's ODBL license, my published results contain a notice that it is "based on data (c) OpenStreetMap Contributors under the O

Re: [OSM-legal-talk] Any expert CC-BY -> ODbL negotiators?

2015-09-01 Thread Andrew Harvey
> Thanks, Jukka. I suspect that "permission" isn't actually valid, as it > seems to extend from data.gov.au (Federal government) but most of the > datasets there are state or territory (eg, the VicMap Rivers dataset), and > are published on the relevant state/territory data portals (data.vic.gov.a

Re: [OSM-legal-talk] Any expert CC-BY -> ODbL negotiators?

2015-08-30 Thread Andrew Harvey
On 31 August 2015 at 12:05, Andrew Turner wrote: > So a simpler route here would be to suggest "upgrading" to use CC-By 4.0? > > Or is Paul stating there is no known version of Creative Commons that is > acceptable to OSM except the completely unencumbered CC0? See https://lists.openstreetmap.or

Re: [OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-05 Thread Andrew Harvey
Just found http://wiki.openstreetmap.org/wiki/Import/GettingPermission it has hints about what extra permissions we require. On 5 May 2015 at 19:27, Andrew Harvey wrote: > I'm bringing up a conversation from talk-au pertaining to what > additional permissions we need from content owne

[OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

2015-05-05 Thread Andrew Harvey
I'm bringing up a conversation from talk-au pertaining to what additional permissions we need from content owners in order to include or use as a source to derive further information from their CC-BY licensed data in OSM. Any advice is very much appreciated. On 16 April 2015 at 15:26, Paul Norman

Re: [OSM-legal-talk] [OSM-talk] Mixing OSM and FOSM data

2012-01-20 Thread Andrew Harvey
On Thu, Jan 19, 2012 at 11:55 PM, Simon Poole wrote: > Which non-ODBL compliant source would this be, if I may ask? http://www.openstreetmap.org/browse/changeset/7958977 where "attribution=Based on Mosman Council data". It was CC-BY-SA. ...I also am not confident my nearmap derived data can be

Re: [OSM-legal-talk] [OSM-talk] Mixing OSM and FOSM data

2012-01-19 Thread Andrew Harvey
On Thu, Jan 19, 2012 at 1:07 PM, andrzej zaborowski wrote: > Giżycko is one example, http://osm.org/go/0Pp7zn7~-- . As FK28.. > pointed out the major such cases are where mappers who imported > ODbL-incompatible data accepted the Contributor Terms or CT-accepters > import ODbL-incompatible data.

Re: [OSM-legal-talk] [talk-au] Bing

2011-07-12 Thread Andrew Harvey
On Mon, Jul 11, 2011 at 9:18 PM, Grant Slater wrote: > Richard Fairhurst wrote a good piece on the legals around aerial > imagery in 2009 > "Aerial photography, cock fighting and vodka bottles" - > http://www.systemed.net/blog/legacy/100.html Thanks for pointing me to this. Reading this, it m

Re: [OSM-legal-talk] [talk-au] Bing

2011-07-11 Thread Andrew Harvey
On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater wrote: > The official Bing blog: > http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx > published by Brian Hendricks - Bing Maps Product Manager Oh, yes. That's right. I don't think it's p

Re: [OSM-legal-talk] [talk-au] Bing

2011-07-11 Thread Andrew Harvey
It is my understanding that Bing essentially said to OSM "yes you can upload to OSM". We as a community can't verify this. http://www.microsoft.com/maps/product/terms.html mentions nothing, all we have is http://wiki.openstreetmap.org/wiki/File:Bing_license.pdf which we can't verify as authentic.

Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

2011-06-16 Thread Andrew Harvey
On Thu, Jun 16, 2011 at 7:02 PM, Elizabeth Dodd wrote: > the last time I read the CTs (which have several versions), there was a > clear reference to me having the rights to the data and perpetually > licensing those rights to another organisation > That would stop me signing up whether I used Yah

Re: [OSM-legal-talk] LWN article on license change and Creative Commons

2011-01-21 Thread Andrew Harvey
Thanks for posting this Kai. Those comments from Creative Commons look promising. On Fri, Jan 21, 2011 at 11:02 AM, Kai Krueger wrote: > > I'd like to link to a recent interesting article on the OSM licensing change > on LWN (Linux Weekly News) as I haven't seen it be mentioned anywhere yet. > >

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-23 Thread Andrew Harvey
On Wed, Dec 22, 2010 at 12:56 AM, Frederik Ramm wrote: > Hi, > > On 12/21/10 11:51, Andrew Harvey wrote: >> >> I am having this conversation because I contribute to OSM on the basis >> that the database will be licensed CC BY-SA and will not be filled >> wi

Re: [OSM-legal-talk] Someone already had a look at theBing TermsofUse?

2010-12-21 Thread Andrew Harvey
On Mon, Dec 20, 2010 at 11:34 AM, Frederik Ramm wrote: > David (& some others), > > David Groom wrote: >> >> I've repeatedly asked where is the explicit permission to use Bing Imagery >> to create derived works, all the only answer is "we have it". As I've said >> before if its there please show

Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread Andrew Harvey
On Sun, Dec 19, 2010 at 9:23 PM, Frederik Ramm wrote: > We have a direct statement from Microsoft saying it's ok to trace. If that's > "no foundation other tahn a guess & a feeling" for you then you're free to > refrain from using Bing imagery - however I think that's bad judgement on > your part.

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

2010-12-07 Thread Andrew Harvey
On Tue, Dec 7, 2010 at 10:30 PM, Steve Bennett wrote: > What? Oh, fuck. That's really fucking bad. > > So we have broken CTs, and absolutely no way to avoid them. Who the > fuck came up with that fucking stupid policy? With the greatest > respect for the LWG, who are acting in good faith, this str

Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Andrew Harvey
I feel that it is not safe at this point. I have raised my concerns in this thread http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005299.html On Sun, Dec 5, 2010 at 9:16 PM, Manuel Reimer wrote: > Hello, > > is it secure to use Bing? Any license risks? Could Microsoft, at some

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-04 Thread Andrew Harvey
On Sat, Dec 4, 2010 at 3:23 AM, Eugene Alvin Villar wrote: > Then you must have the same objection to tracing from Yahoo's imagery. > Unlike Bing, there is no specific agreement between Yahoo and OSM. > Yahoo only agreed that the act of tracing from the satellite imagery > that they host and putti

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-03 Thread Andrew Harvey
On Fri, Dec 3, 2010 at 9:23 PM, Richard Fairhurst wrote: > > Andrew Harvey wrote: >> I am yet to see a license. > > http://opengeodata.org/microsoft-imagery-details has a set of terms of use > embedded in the post specifically for OSM. It's a Scribd document and > th

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-03 Thread Andrew Harvey
On Fri, Dec 3, 2010 at 7:17 AM, Richard Weait wrote: > On Thu, Dec 2, 2010 at 2:02 PM, Richard Fairhurst > wrote: >> >> Richard Fairhurst wrote: >>> I believe there'll be a Bing Maps blog post going up soon on the same >>> topic. >> >> http://www.bing.com/community/site_blogs/b/maps/archive/2010

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-02 Thread Andrew Harvey
On Wed, Dec 1, 2010 at 11:10 PM, Anthony wrote: > On Wed, Dec 1, 2010 at 6:34 AM, David Groom wrote: >> Whereabouts is the "prior written consent from Microsoft" which would enable >> us to trace and thus create derivative works? >> >> David >> >> [1]  http://opengeodata.org/microsoft-imagery-det

Re: [OSM-legal-talk] some interesting points from the bing license

2010-12-01 Thread Andrew Harvey
On Wed, Dec 1, 2010 at 8:54 PM, Sebastian Klein wrote: > We have a ToU agreement specially designed for osm (Bing Maps Imagery > Service Editor Application API's Terms of Use [1]) so do we even need to > consider the general terms of use? > > They are both somewhat similar, though. > > [1] http://

Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-01 Thread Andrew Harvey
Just to clarify is this http://www.microsoft.com/maps/product/terms.html the document which contains the license grant? Could some please point me to the section which says derived information shall have no restriction on its use? ___ legal-talk mailing

Re: [OSM-legal-talk] [DRAFT] Contributor Terms 1.2

2010-11-18 Thread Andrew Harvey
If OSMF is not stoping existing contributors to continue to upload their CC BY-SA work without agreeing the the CTs, perhaps new users should not be required to agree to the CTs to sign up. Otherwise some new users will be shuned away while those existing users are allowed to contribute to the proj

Re: [OSM-legal-talk] Usage of ODbL

2010-09-30 Thread Andrew Harvey
On Thu, Sep 30, 2010 at 7:01 PM, John Smith wrote: > Which is exactly the point, unless ODBL data can be imported (or > traced or ) it makes little difference to me what license they are > using, it certainly doesn't prove that it is more useful in a court of > law that cc-by-sa. > > As others

Re: [OSM-legal-talk] OS Opendata & the new license

2010-09-24 Thread Andrew Harvey
On Fri, Sep 24, 2010 at 7:36 PM, Ed Avis wrote: > The current contributor terms for new accounts require you grant a licence to > the OSMF to do 'any act that is restricted by copyright', subject to section 3 > which says that OSMF will distribute under CC-BY-SA, ODbL/DbCL, or 'another > free > a

Re: [OSM-legal-talk] Size of NearMap Contribution

2010-08-20 Thread Andrew Harvey
On Fri, Aug 20, 2010 at 11:40 PM, andrzej zaborowski wrote: > Hi, > > On 20 August 2010 10:51, Frederik Ramm wrote: >> But mappers are not employed by OSMF, so we need some sort of >> contract that says "I, the mapper, allow OSMF to make a database from my >> data and publish it". > > This is pro

Re: [OSM-legal-talk] Size of NearMap Contribution

2010-08-19 Thread Andrew Harvey
On Fri, Aug 20, 2010 at 11:09 AM, Frederik Ramm wrote: > My statistics are of course flawed - they do not capture objects > individually tagged source=nearmap rather than on the changeset, and if an > object has been modified more than once in a "nearmap" changeset, it has > been counted twice. Al

Re: [OSM-legal-talk] New contributors and some data sources are not allowed under the CTs but too easy to access.

2010-08-19 Thread Andrew Harvey
On Fri, Aug 20, 2010 at 6:40 AM, John Smith wrote: > However this is off topic, my concern is with innocent mistakes, and > protecting those users from themselves. Indeed, back to the thread topic. New users must agree to the CT's, therefore cannot use Nearmap imagery to trace, so having the Nea