Re: [OSM-legal-talk] I want my access back

2011-08-13 Thread Simon Ward
On Wed, Aug 10, 2011 at 08:59:30PM +0200, Florian Lohoff wrote: Guess what - I dont trust the OSMF - In the past the OSMF has decided to relicense, decided to use the ODBL and decided upon the CT. In no way the contributers have been asked - the people who actually did the work. So why

Re: [OSM-legal-talk] Rights granted to OSMF (Section 2 of the CT)

2011-04-18 Thread Simon Ward
On Mon, Apr 18, 2011 at 07:34:57AM +0200, andrzej zaborowski wrote: On 18 April 2011 07:26, ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl wrote: Thanks Grant, I understand what the OSMF stands for, and my question was maybe unclear: What does this phrase (about the

Re: [OSM-legal-talk] [OSM-talk] Objects versions ready for ODbL

2010-12-21 Thread Simon Ward
On Tue, Dec 21, 2010 at 01:00:26PM +, Simon Ward wrote: On Mon, Dec 20, 2010 at 11:52:04AM +, DavidD wrote: On 20 December 2010 10:25, Simone Cortesi sim...@cortesi.com wrote: On Mon, Dec 20, 2010 at 10:00, Stephen Hope slh...@gmail.com wrote: I must admit, however, that basically

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 11:08:11AM +, Rob Myers wrote: To me the OKD fits with the spirit of OSM. I don’t think it’s sufficient by itself, but I can’t win everything. You ask me how I find it limiting, then you say you'd rather not be limited by it? No. I said I don’t think it is

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 11:08:11AM +, Rob Myers wrote: I think it is something reasonable to refer to, and for those actually supporting open data is a very good definition. OSM I agree. doesn’t have t to stick to the OKD, but I think you are wrong in dismissing it entirely. You

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

2010-12-11 Thread Simon Ward
On Sat, Dec 11, 2010 at 12:38:22PM +, Rob Myers wrote: I can’t quite put that together logically to form a conclusion, but I think it’s inferred that, despite *you* not finding the OKD limiting, you feel that OSM would be limited by it. So I have to ask, is that correct? I feel that

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

2010-12-11 Thread Simon Ward
Rob, thank you, your answers to my barrage of questions were most helpful, and have showed me that I’m not completely off course in my thinking. On Sat, Dec 11, 2010 at 02:18:29PM +, Rob Myers wrote: Why leave it undefined? To allow it to be defined by the community. Which I suppose means

[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

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

2010-12-10 Thread Simon Ward
don’t think they are acting in the best interests of the community. *I* can compromise to form something agreeable, can you/they? On Fri, Dec 10, 2010 at 09:54:08AM +0100, Frederik Ramm wrote: On 12/10/10 03:09, Simon Ward wrote: We are expected to give OSMF broad rights and trust them to do

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 hands from

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

2010-12-09 Thread Simon Ward
On Thu, Dec 09, 2010 at 11:15:27PM +, Ed Avis wrote: Of course the current OSMF management act in good faith and would never do such a thing, but in theory it is possible. We are expected to give OSMF broad rights and trust them to do what’s good, yet if a contributor should attempt to

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

2010-12-09 Thread Simon Ward
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 guarantee that his contribution is compatible with

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

2010-12-09 Thread Simon Ward
On Thu, Dec 09, 2010 at 08:50:41PM +, Grant Slater wrote: On 9 December 2010 10:01, pec...@gmail.com pec...@gmail.com wrote: About three or four months ago there was discussion about adding clarification about free and open license, to add both share alike and attribution clauses. I

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

2010-12-07 Thread Simon Ward
On Mon, Dec 06, 2010 at 07:58:26PM +0100, Frederik Ramm wrote: ODbL is not a PD license, so you do not have to be afraid. The Contributor Terms effectively change the licence. Simon -- A complex system that works is invariably found to have evolved from a simple system that works.—John Gall

Re: [OSM-legal-talk] [talk] New site about the license change

2010-11-19 Thread Simon Ward
On Tue, Nov 16, 2010 at 09:49:56PM +0100, Frederik Ramm wrote: ODbL in itself has an upgrade clause, too; it allows derived databases (including of course a complete copy) to be licensed under (section 4.4) I think the upgrade clause in ODbL is sufficiently flexible for possible licence

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

2010-11-19 Thread Simon Ward
On Thu, Nov 18, 2010 at 09:15:16PM +1100, Andrew Harvey wrote: 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

Re: [OSM-legal-talk] How to deal with CC 2.0 data imports? Proposal Dual licensing of data under odbl-1.0

2010-10-30 Thread Simon Ward
On Fri, Oct 29, 2010 at 11:28:05AM -0700, Kai Krueger wrote: There appear to be some interesting thoughts about this in the most recent LWG meeting minutes ( https://docs.google.com/View?id=dd9g3qjp_89cczk73gk ) in the Contributor Terms Revision section: e.g. If you want to import data

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-04 Thread Simon Ward
On Fri, Sep 03, 2010 at 11:59:19AM -0600, SteveC wrote: Did you read the minutes where all the CT issues are being discussed? Yes, hence why I said this (highlighting added): I don’t see much compromise happening from OSMF on the contributor terms. *There is a very small amount*, but OSMF

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-04 Thread Simon Ward
On Fri, Sep 03, 2010 at 10:30:44AM +0100, Dave Stubbs wrote: I think this is slightly ignoring the fact that the CT are the result of compromises, and were developed over quite some time before being rolled out. I believe some of the issues being mentioned now were being mentioned since the

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-04 Thread Simon Ward
On Fri, Sep 03, 2010 at 10:54:50AM +0100, Rob Myers wrote: The contributor terms are now the sticking point for many people against the ODbL+DbCL+CT combination, and these are not just people against a licence change from CC by-sa, but people who are in principle happy with the licence change.

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-04 Thread Simon Ward
On Fri, Sep 03, 2010 at 02:32:39PM -0400, Anthony wrote: On Fri, Sep 3, 2010 at 2:21 PM, andrzej zaborowski balr...@gmail.com wrote: That's why I think the issue of whether we really want the ability for the license to be changed completely should be discussed first. Obviously those who

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-03 Thread Simon Ward
On Wed, Sep 01, 2010 at 03:08:38PM +0100, Rob Myers wrote: On 09/01/2010 03:05 PM, Francis Davey wrote: Bear in mind that OSMF may cease to exist and its assets be transferred to someone else who you may trust less. […] Yes, this is definitely something OSMF should plan for/guard against if

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-09-03 Thread Simon Ward
On Fri, Sep 03, 2010 at 09:48:22AM +0100, Simon Ward wrote: On Wed, Sep 01, 2010 at 03:08:38PM +0100, Rob Myers wrote: On 09/01/2010 03:05 PM, Francis Davey wrote: Bear in mind that OSMF may cease to exist and its assets be transferred to someone else who you may trust less. […] Yes

Re: [OSM-legal-talk] Noise vs unanswered questions

2010-09-03 Thread Simon Ward
On Thu, Sep 02, 2010 at 12:39:11PM +0100, Rob Myers wrote: On 09/02/2010 11:24 AM, TimSC wrote: 1) How is the future direction of OSM determined? Community consensus? OSMF committees with OSMF votes? Something else? Consensus decision making doesn't mean a 100% plebiscite vote or minority

Re: [OSM-legal-talk] [OSM-talk] Community vs. Licensing

2010-08-30 Thread Simon Ward
On Mon, Aug 30, 2010 at 07:24:25AM +0200, jamesmikedup...@googlemail.com wrote: On Mon, Aug 30, 2010 at 12:05 AM, Frederik Ramm frede...@remote.org wrote: Someone in Germany might contribute data under CC-By-SA and be bound by it, and someone in the US might extract that data as quasi-PD

Re: [OSM-legal-talk] [OSM-talk] ODbL vs CC-by-SA pros and cons

2010-08-29 Thread Simon Ward
On Sun, Aug 29, 2010 at 01:40:23AM +0200, Nic Roets wrote: Mike, my understanding (and I think Grant will agree) is that copyleft is an idea: I publish something in such a way that coerce others into sharing their work with me. The implementation details of that idea (copyright law, contract

[OSM-legal-talk] Rights grants in the contributor terms

2010-08-26 Thread Simon Ward
The second clause grants “OSMF a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to do any act that is restricted by copyright over anything within the Contents. It has been debated that this is even necessary already, so I’m not going to start on that… What I would like

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-26 Thread Simon Ward
On Wed, Aug 25, 2010 at 10:04:01AM +0100, Rob Myers wrote: So I don't think setting a minimum attribution level is a good idea, at least from a user freedom point of view. I agree. I mentioned a minimum attribution because others seem to want that. The LWG and/or OSMF only seem to be

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-26 Thread Simon Ward
On Thu, Aug 26, 2010 at 06:56:15PM +1000, James Livingston wrote: On 25/08/2010, at 5:41 PM, Frederik Ramm wrote: There is also a very practical reason against fixing anything, and *specifically* a share-alike requirement, in the CT, and that is that in order to make *clear* what you want

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-25 Thread Simon Ward
On Wed, Aug 25, 2010 at 12:13:26AM -0400, Richard Weait wrote: We can do the license change now because it is the right thing to do, or we can do the license change now and make future license changes simpler for future OpenSteetMap communities. OSMF have chosen DbCL for individual database

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-25 Thread Simon Ward
On Wed, Aug 25, 2010 at 09:44:13AM +0200, Frederik Ramm wrote: Simon Ward wrote: OSMF have chosen DbCL for individual database contents. That leaves quite some flexibility in how individual contents may be used and distributed without taking into account the extraction from the database

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-25 Thread Simon Ward
On Wed, Aug 25, 2010 at 09:41:27AM +0200, Frederik Ramm wrote: I am against trying to force our will on OSM in 10 years. OSM in ten years will have a larger community and a larger data volume by orders of magnitude. I don't think it is right to force their hand in any way over and above the

Re: [OSM-legal-talk] To calm some waters - about Section 3

2010-08-25 Thread Simon Ward
On Wed, Aug 25, 2010 at 09:20:18AM +0100, Simon Ward wrote: I would be interested to discussing that flexibility further. Can you give examples for using and distributing individual contents that way? Without having first extracted it from the database, I can’t give any, because

Re: [OSM-legal-talk] NearMap Community Licence and OSM Contributor Terms

2010-08-20 Thread Simon Ward
On Fri, Aug 20, 2010 at 08:03:37AM +1000, John Smith wrote: On 20 August 2010 07:57, SteveC st...@asklater.com wrote: They can use the data the same as anyone can. My believe in share alike long predates CloudMade and OpenStreetMap. I think most problems currently with the CT is because

Re: [OSM-legal-talk] ODbL and duration of IP protection

2010-08-19 Thread Simon Ward
On Thu, Aug 19, 2010 at 12:17:15AM +0200, Frederik Ramm wrote: Yup. But then again, by the time data has lapsed it is very likely to be utterly useless. I am 99% certain that in 10 years time you *will*, for most use cases, be able to get data that is more current than OSM and has less

Re: [OSM-legal-talk] decision removing data

2010-08-05 Thread Simon Ward
On Tue, Aug 03, 2010 at 07:42:35PM -0400, Richard Weait wrote: The presumption is that contributors who joined under ccbysa only, have the right to choose whether to proceed under ODbL or not. Do you suggest that they should not have a choice? Not arguing against people having a choice, but I

Re: [OSM-legal-talk] Contributo terms (was : decision removing data:

2010-08-05 Thread Simon Ward
On Thu, Aug 05, 2010 at 04:17:13PM +0100, Emilie Laffray wrote: Except that in many jurisdictions, true PD doesn't exist like in France, where you cannot remove the moral right of someone even if you sold your rights. For what it’s worth, you can’t actually remove moral rights in the UK

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-19 Thread Simon Ward
On Mon, Jul 19, 2010 at 11:45:46AM +0100, Emilie Laffray wrote: Or contract law. It has been pointed out previously that all map providers are using contract law to restrict their data not copyrights. Just because everyone else does it, it doesn't mean OSM should. Simon -- A complex system

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-19 Thread Simon Ward
On Mon, Jul 19, 2010 at 12:04:55PM +0100, Emilie Laffray wrote: This is the same about anything using contract law. Someone breaking the contract and redistributing it doesn't remove the contract that is given with the data. They are still obliged to follow the contract even if they didn't

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-19 Thread Simon Ward
On Tue, Jul 20, 2010 at 09:17:43AM +1000, Liz wrote: On Tue, 20 Jul 2010, Simon Ward wrote: To my knowledge the contract isn’t automatically transferred, although it occurs to me that it could be a condition of the licence that the contract is also adhered to. I’m not sure this is the case

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-19 Thread Simon Ward
On Mon, Jul 19, 2010 at 11:58:34PM +0100, Emilie Laffray wrote: My point was to mention that the licence is using contract law as one of the mechanism when no other are present, not to use other map providers as a reference or an example to follow. Why do we need contract law at all? I know

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-19 Thread Simon Ward
Apparently lawyers with real law degrees think we do. Here's a crazy idea: maybe they're right? I don’t have the same unconditional love. Simon -- A complex system that works is invariably found to have evolved from a simple system that works.—John Gall signature.asc Description: Digital

Re: [OSM-legal-talk] Relicensing, PD, leverage and petitions

2010-07-18 Thread Simon Ward
On Sun, Jul 18, 2010 at 02:00:30PM +0100, TimSC wrote: For the conditions for relicensing our individual contribution's, I propose the following. Each data object (either a node, way or relation) have one or more authors. For each data object, we will agree to relicense our data as ODbL, if

Re: [OSM-legal-talk] Fwd: Re: [OSM-talk] What could we do to make this licences discussion more inclusive?

2010-07-17 Thread Simon Ward
On Sat, Jul 17, 2010 at 04:55:36PM +1000, Liz wrote: just to make it clear, I'm not the author, I forwarded a mail by Roland Olbricht roland.olbri...@gmx.de My apologies. I didn’t mean to mis‐quote. Simon -- A complex system that works is invariably found to have evolved from a simple

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Simon Ward
On Thu, Jul 15, 2010 at 10:13:07PM +0100, 80n wrote: The correct way to make any significant and contentious change to a project is to fork it. How about we do the significant changes and anyone unhappy with them can fork it? That works too. Simon -- A complex system that works is invariably

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Simon Ward
On Fri, Jul 16, 2010 at 05:46:02PM +1000, John Smith wrote: I don't really see the point of this question, since it's already more than obvious I'm bucking the trend... Ah, you already know you’re in a minority then, that’s why you’re so vocal… ;) Simon -- A complex system that works is

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Simon Ward
On Fri, Jul 16, 2010 at 08:14:46PM +1000, John Smith wrote: And that's where the fear comes in, just because you may have good intentions doesn't mean that it won't harm my goals. Did you think there would be no losers? The project can’t please everyone. If you care that much, why not

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Simon Ward
On Fri, Jul 16, 2010 at 10:01:08PM +1000, James Livingston wrote: * It also uses contract law, which makes things a *lot* more complicated Despite my strong bias towards copyleft, I thought this was a problem with the license. Unfortunately people thought that because laws about rights to data

Re: [OSM-legal-talk] License Cut-over and critical mass

2010-07-16 Thread Simon Ward
On Sat, Jul 17, 2010 at 07:08:07AM +1000, John Smith wrote: At this stage I'm against the process, not the new license, but of course you completely missed what my motivation is, which is making an informed determination if the loss is acceptable or not, if it isn't and ODBL still goes ahead

Re: [OSM-legal-talk] Upgrading to future ODbL version

2010-07-16 Thread Simon Ward
On Fri, Jul 16, 2010 at 08:58:31PM +0200, Frederik Ramm wrote: Notice the absence of any or later clause here. This means that if ODbL 1.1 comes out, it will not be usable out of the box, but we would have to go through the whole 2/3 of active members have to accept poll to upgrade. I don’t

Re: [OSM-legal-talk] Fwd: Re: [OSM-talk] What could we do to make this licences discussion more inclusive?

2010-07-16 Thread Simon Ward
On Sat, Jul 17, 2010 at 07:07:19AM +1000, Liz wrote: - There is no tool yet to see the impact of the relicensing to the data. But this is the key need for those who are rather interested in the data than the legalese. Please develop the tool first or leave sufficient time to let develop

Re: [OSM-legal-talk] Upgrading to future ODbL version

2010-07-16 Thread Simon Ward
On Sat, Jul 17, 2010 at 01:36:09AM +0100, I wrote: Getting people to agree to a “we can change it even though you don’t agree because we have a 2/3 majority” is just a little bit sneaky in my opinion. The project needs to understand the consequences of a license change, this one or any future

Re: [OSM-legal-talk] Number of active contributors

2010-02-16 Thread Simon Ward
On Tue, Feb 16, 2010 at 06:31:59PM +0100, Mike Collinson wrote: Interesting. That is a lower figure than I personally was envisioning when we made the above definition, and therefore potentially disenfranchising of genuine OSM community. Perhaps we should review it, 3 calendar months in the

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Tue, Jan 05, 2010 at 07:24:47PM +, 80n wrote: Any share-however-you-like license has the properties you describe. We're talking about share-alike here. It may suit you, as a consumer of OSM data, to not give a damn about contributing back to the project, but that's not what OSM is

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Tue, Jan 05, 2010 at 07:33:44PM +, Rob Myers wrote: back, and that having changed licences once it's important that OSM be able to change/upgrade/whatever the licence in the future I believe the contributor terms are too broad. I answered the poll in favour of moving to the ODbL, but

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 12:03:51AM +, Matt Amos wrote: any change away from that must be chosen by a vote of the OSMF membership and approved by at least a majority vote of active contributors. if you want to be consulted about any future licensing change, just join OSMF or continue to

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 12:03:51AM +, Matt Amos wrote: any change away from that must be chosen by a vote of the OSMF membership and approved by at least a majority vote of active contributors. I also think the definition of an active contributor is too narrow. I actually think it should

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Oh yes it does, because if someone isn't active any more it will become harder and harder to get an opinion out of him. Someone who is not active any more will often have lost interest or lost his life, that's why, while

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Oh yes it does, because if someone isn't active any more it will become harder and harder to get an opinion out of him. Someone who is not active any more will often have lost interest or lost his life, that's why, while

Re: [OSM-legal-talk] Copyright Assignment

2010-01-05 Thread Simon Ward
On Wed, Jan 06, 2010 at 02:44:53AM +0100, Frederik Ramm wrote: Unless you're willing sign something that says I agree that OSMF will make two attempts to contact me at my registered e-mail address with information on how to vote on an upcoming license change suggestion, and if I don't react

Re: [OSM-legal-talk] OSMF license change vote has started

2009-12-07 Thread Simon Ward
On Mon, Dec 07, 2009 at 07:09:30PM +0100, Mike Collinson wrote: I believe there was a discussion that viral does necessarily mean reciprocal, hence the use of the word. I'll check tomorrow if no one else comes back. If you get down to various meanings already documented in English, neither

Re: [OSM-legal-talk] OSMF license change vote has started

2009-12-06 Thread Simon Ward
On Mon, Dec 07, 2009 at 12:43:09AM +0100, Frederik Ramm wrote: but while we’re trying to prevent all sides equally Preventing all sides equally is indeed something we're aiming at, with all our hearts ;-) Yes, thanks for that. I noticed not long after I sent the mail, but didn’t think

Re: [OSM-legal-talk] Printed maps and new license

2009-07-04 Thread Simon Ward
On Fri, Jul 03, 2009 at 03:30:01PM +0200, Frederik Ramm wrote: If you have enough room then we prefer the URLs for OSM and CC written out. There is some info here: http://wiki.openstreetmap.org/wiki/Legal_FAQ#I_would_like_to_use_OpenStreetMap_maps._How_should_I_credit_you.3F Now that we

Re: [OSM-legal-talk] QA with a lawyer

2009-05-12 Thread Simon Ward
On Tue, May 12, 2009 at 08:14:49AM +0200, Frederik Ramm wrote: What I'm concerned with is mainly: How big is the risk of someone whitewashing our data from the contractual part of the ODbL, then introducing it to a large jurisdiction without something like a database directive (the US?),

Re: [OSM-legal-talk] ODbL comments from Creative Commons

2009-03-22 Thread Simon Ward
On Sun, Mar 22, 2009 at 12:39:01AM +0100, Frederik Ramm wrote: What I wanted to say was that, to a certain degree, *any* certainty is better than a random assortment of may, might, the project consensus seems to be that..., i am not a lawyer but..., depending on your jurisdiction, and

Re: [OSM-legal-talk] License Telephone Debate

2009-03-15 Thread Simon Ward
On Sun, Mar 15, 2009 at 08:26:14PM -0400, Russ Nelson wrote: On Mar 15, 2009, at 6:00 PM, Gervase Markham wrote: why are we bothering with switching OSM to 1.0 at all? Why not just wait for the 1.1 fixed version? 1) Because ODbL 1.0 is better than C-By-SA So far that is one thing that

Re: [OSM-legal-talk] License Telephone Debate

2009-03-12 Thread Simon Ward
On Thu, Mar 12, 2009 at 09:30:33PM +1100, Liz wrote: I don't find a telephone conference acceptable. While Frederick mentions the troubles of language, I don't want to be on the phone at 0200 local time. I'd rather be asleep, and my critical faculties probably would be asleep at that time

Re: [OSM-legal-talk] CC-BY-SA and T+Cs

2009-03-06 Thread Simon Ward
On Fri, Mar 06, 2009 at 08:15:23PM +0100, Frederik Ramm wrote: Richard Fairhurst wrote: Very often CC-BY-SA items will be conveyed with contractual restrictions: Andy A cited the other day that the cycle map has its own Ts Cs, for example. So has CloudMade; they say that you may access

Re: [OSM-legal-talk] A simplification of the agreement on?the?signup page.

2009-03-02 Thread Simon Ward
On Mon, Mar 02, 2009 at 05:05:00AM +, Jukka Rahkonen wrote: This needs a safeguard to allow for email addresses temporarily not working. I’m not even sure this is the right thing to do anyway. It’s far safer getting rid of a user’s data than it is assuming ownership of it. Some

Re: [OSM-legal-talk] ODbL: incompatibility issues

2009-03-02 Thread Simon Ward
On Mon, Mar 02, 2009 at 08:08:58AM +, Peter Miller wrote: I do not read the ODbL this way. I read that only persons bound by the license/contract are prohibited from reverse engineering. Clarification here is needed. When we find an issue like this then lets document it on the wiki and

Re: [OSM-legal-talk] Concerns about ODbL

2009-03-02 Thread Simon Ward
On Mon, Mar 02, 2009 at 01:40:47PM +0100, jean-christophe.haes...@dianosis.org wrote: * Waivers : thankfully I cannot legally waive my moral rights in my country, but I think it is unfair to require this form any person in the world. While I agree to collective attribution, I share some of

Re: [OSM-legal-talk] Lawyer responses to use cases, major problems

2009-03-01 Thread Simon Ward
On Sun, Mar 01, 2009 at 10:35:21AM +0100, Frederik Ramm wrote: Simon Ward wrote: this could mean that anyone running osm2pgsql importing minutely data updates would possibly have to make available a ''psql dump of the whole planet'' for any snapshot time where someone cares to request

Re: [OSM-legal-talk] A simplification of the agreement on the signup page.

2009-03-01 Thread Simon Ward
On Sun, Mar 01, 2009 at 11:30:41AM -0500, Russ Nelson wrote: Creative Commons license (by-sa). or under the ODbL. If you choose not to give us your email address, or your email address stops working, you waive all right to ownership of your edits. This needs a safeguard to allow for email

Re: [OSM-legal-talk] compatibility with CC licenses

2009-02-28 Thread Simon Ward
On Sat, Feb 28, 2009 at 12:42:57PM -0500, John Wilbanks wrote: I am not speaking for CC the organization here - there have been no conversations to my knowledge about doing a compatibility check between ODbL and CC licensing. But, I would remind everyone that the current official CC policy

Re: [OSM-legal-talk] Lawyer responses to use cases, major problems

2009-02-28 Thread Simon Ward
On Sat, Feb 28, 2009 at 10:58:04PM +0100, Frederik Ramm wrote: Having to grant access to pgsql data base --- In this use case we look at someone who does nothing more than taking OSM data and rearranging it according to fixed rules, e.g. by running it

Re: [OSM-legal-talk] Open Data Licence (Re: 23rd Dec board meeting)

2009-01-25 Thread Simon Ward
On Sun, Jan 25, 2009 at 04:00:58AM -0800, Richard Fairhurst wrote: sward wrote: By having a closed development process, and publishing drafts for review, OSMF have forced the process to involve rounds of consultation. It's not OSMF's licence. It is a third-party licence which OSM is

Re: [OSM-legal-talk] Open Data Licence (Re: 23rd Dec board meeting)

2009-01-25 Thread Simon Ward
On Sun, Jan 25, 2009 at 04:07:38PM +, Rob Myers wrote: By having a closed development process, and publishing drafts for review, I don't understand what an open development process for a legal document would look like if not iterated drafting and comment. There should be another

Re: [OSM-legal-talk] Open Data Licence (Re: 23rd Dec board meeting)

2009-01-25 Thread Simon Ward
On Sun, Jan 25, 2009 at 05:41:41AM -0800, Richard Fairhurst wrote: sward wrote: Communications with Jordan have apparently broken down. Mikel's e-mail of 15th Jan, which post-dates the minutes you're quoting from, said Jordan had been involved in a meeting with them the previous day,

Re: [OSM-legal-talk] A really quick poll

2008-11-08 Thread Simon Ward
On Mon, Nov 03, 2008 at 10:33:14AM +0100, Gustav Foseid wrote: I am really worried, when I see the chairman of the OSM Foundation making these kind of oversimplified statements Sounded like sarcasm making light of the situation to me. Simon -- A complex system that works is invariably found

Re: [OSM-legal-talk] Making OSM Public domain

2008-10-27 Thread Simon Ward
On Mon, Oct 27, 2008 at 07:17:44AM -, Peter Miller wrote: Thanks, a nice Use Case. I have just added it to the wiki so we can get a legal opinion on it. This Use Case makes it clear that the use of the public transport data must be protected … Personally I think public transport data

Re: [OSM-legal-talk] Making OSM Public domain

2008-10-27 Thread Simon Ward
On Sun, Oct 26, 2008 at 05:22:39PM +0200, Nic Roets wrote: With mapping data, you don't need to worry about DRM. As the world moves to a net-based economy, commercial service providers will be able to restrict you from viewing / downloading their maps whole sale. /me awaits the Affero ODbL

Re: [OSM-legal-talk] Contact Info For Tom Hughes Regarding Public Domain Mailing List

2008-10-22 Thread Simon Ward
On Wed, Oct 22, 2008 at 08:43:17AM +0200, bvh wrote: That is not true. As long as you base your work solely on your own data, you are free to do with it as you seek. Even after having uploaded it under the proposed license. (Not taking into account how the licence sees it at all.) Not really,

Re: [OSM-legal-talk] Contact Info For Tom Hughes Regarding Public Domain Mailing List

2008-10-22 Thread Simon Ward
On Wed, Oct 22, 2008 at 07:36:08AM -0700, Sunburned Surveyor wrote: Richard wrote: One thing I really love about OSM is the pragmatic, un-political approach: You don't give us your data, fine, then we create our own and you can shove it. (I don’t see Richard’s original email, so I’ll reply

Re: [OSM-legal-talk] PD vs SA: The eternal battle

2008-10-22 Thread Simon Ward
I’m just going to pick up on one generalisation, and not really contribute that much to the actual topic, excuse me: On Wed, Oct 22, 2008 at 01:25:09PM +0100, Richard Fairhurst wrote: … Almost as if to reinforce it, they capitalise the F in freedom; I don’t capitalise “free software”, or

Re: [OSM-legal-talk] Starting Repository For Public Domain OSM Data

2008-10-21 Thread Simon Ward
On Wed, Oct 22, 2008 at 02:17:46AM +1100, Joseph Gentle wrote: We won't have all the data under one license though. Never will if we're incorporating TIGER data and data from other governments. Exactly, the point to keep in mind here is that you don’t relicense stuff (at least not without much

Re: [OSM-legal-talk] Contact Info For Tom Hughes Regarding Public Domain Mailing List

2008-10-21 Thread Simon Ward
On Tue, Oct 21, 2008 at 08:19:50PM +0100, Brian Quinion wrote: Personally I'd be very happy to see the discussion of PD continue on the talk list but a mailing list seems a very minor resource compared to the time and effort that have gone into the creating the new license. I see the PD route

Re: [OSM-legal-talk] Contact Info For Tom Hughes Regarding Public Domain Mailing List

2008-10-21 Thread Simon Ward
On Wed, Oct 22, 2008 at 11:17:35AM +1100, Joseph Gentle wrote: I intended to have an overlay on my map which showed bus stops. This data would be collected from the local bus company. Under the old license, I couldn't use OSM because I couldn't share the overlay. It might not have been a

Re: [OSM-legal-talk] Paid services from OSM

2008-10-11 Thread Simon Ward
On Sat, Oct 11, 2008 at 12:17:50AM +0100, Richard Fairhurst wrote: It shouldn’t be about specifically contributing back to OSM. Ivan has already pointed out this fails the desert island and dissident tests used as rules of thumb for the Debian Free Software Guidelines. Could I please ask

Re: [OSM-legal-talk] Paid services from OSM

2008-10-10 Thread Simon Ward
On Thu, Oct 09, 2008 at 08:05:23PM -0700, Mikel Maron wrote: If this were about code, the belief would be that every time someone compiled that code into running software, that binary would need to be freely available. Clearly not the reasonable thing for software. But you would have this

Re: [OSM-legal-talk] Paid services from OSM

2008-10-10 Thread Simon Ward
On Fri, Oct 10, 2008 at 10:10:34AM +0100, Dair Grant wrote: Simon Ward wrote: I¹d rather those providing the PostGIS data be obliged to provide their source (planet dumps, whatever) to the same people. ... The example was convoluted, but I hope it illustrates my point that mere

Re: [OSM-legal-talk] Paid services from OSM

2008-10-10 Thread Simon Ward
On Fri, Oct 10, 2008 at 01:23:45PM +0200, Frederik Ramm wrote: I guess that is the core of Simon's argument - he fears that in some kind of doomsday scenario you would be stranded with only the derived product and no access to the real thing, that's why he wants the derived product

Re: [OSM-legal-talk] ODbL for the DB; what about the contents?

2008-10-09 Thread Simon Ward
On Thu, Oct 09, 2008 at 02:34:48AM +0200, Frederik Ramm wrote: How will the potential user know whether the data you entered is just fact, or the result of a complex approximation that took you a day's work? The short answer is the user doesn’t;

Re: [OSM-legal-talk] Paid services from OSM

2008-10-09 Thread Simon Ward
On Thu, Oct 09, 2008 at 08:48:07AM +0100, Peter Miller wrote: 1) We clarify that a Derived Database is only deems to exist when the martial changes have occurred to the content of the DB, but not if the dataset has merely been processed into a different format. Merely processing into a

Re: [OSM-legal-talk] Paid services from OSM

2008-10-09 Thread Simon Ward
On Thu, Oct 09, 2008 at 07:26:05AM -0700, Sunburned Surveyor wrote: I can think of three types of material changes that we would want contributed back to OSM: [1] Modifications that improve (not degrade) the accuracy of a Feature geometry. [2] Modifications that improve (not degrade) the

Re: [OSM-legal-talk] Question on derived datasets - old license and proposed license...

2008-10-09 Thread Simon Ward
On Thu, Oct 09, 2008 at 06:20:32PM +0200, Iván Sánchez Ortega wrote: I cannot speak for everyone, but I do think that the general idea is to make the ODbL work like a copyleft license (i.e. you're required to distribute the source data only to the people you distribute the maps to). You'll

Re: [OSM-legal-talk] Paid services from OSM

2008-10-09 Thread Simon Ward
On Fri, Oct 10, 2008 at 12:09:09AM +0200, Frederik Ramm wrote: Simon Ward wrote: Merely processing into a different format needs to be clarified. If someone takes OSM ways + nodes + relations and imports it into PostGIS without changing any of it, I see that as processing into a different

Re: [OSM-legal-talk] ODbL for the DB; what about the contents?

2008-10-08 Thread Simon Ward
On Thu, Oct 09, 2008 at 01:37:19AM +0200, Iván Sánchez Ortega wrote: I believe many contributions would deserve some protection in their own right, they’re not simply “facts”. How will this be handled? Well, my point of view is that individual bits of OSM data are indeed facts. Could you

Re: [OSM-legal-talk] US local government data: negotiating license?

2008-10-06 Thread Simon Ward
On Mon, Oct 06, 2008 at 08:57:08PM +0200, Frederik Ramm wrote: I had the same thoughts when reading the text, but later it says that the data can be used by anyone for any purpose as long as they comply with attribution and sharing requirements, and with that proviso I think it is ok (and

Re: [OSM-legal-talk] New license: What is publication/distribution?

2008-10-06 Thread Simon Ward
On Mon, Oct 06, 2008 at 03:52:54PM +0100, Peter Miller wrote: I have added the brief to the wiki here. Notice that I have also created a 'Use Cases' section heading where we can add key example uses of the data which we can use to validate the final licence.