Re: [OSM-legal-talk] Australian Government Data from data.gov.au

2016-06-29 Thread Martin Koppenhoefer
sent from a phone > Il giorno 29 giu 2016, alle ore 22:49, Tobias Wendorff > ha scritto: > > "(C) OpenStreetMap, with subsets of data.gov.au, BKG Germany & xyz" just that this list becomes very long, see http://wiki.openstreetmap.org/wiki/Contributors

[OSM-legal-talk] osm-carto license

2016-08-25 Thread Martin Koppenhoefer
I'm wondering about the license of the "main official map style" and the tiles it creates and whether current license indications make sense. In the style sheet the license is indicated as CC0: https://github.com/gravitystorm/openstreetmap-carto/blob/master/LICENSE.txt But on the website it

Re: [OSM-legal-talk] osm-carto license

2016-08-25 Thread Martin Koppenhoefer
sent from a phone > Il giorno 25 ago 2016, alle ore 11:32, Christoph Hormann > ha scritto: > > You can still render tiles using the standard style and OSM data > yourself and distribute them under something other than CC-By-SA as > long as you comply with the ODbL.

Re: [OSM-legal-talk] Using closed sources to spot errors (was: [Tagging] Routing in Liège (consulting Michelin))

2016-09-21 Thread Martin Koppenhoefer
sent from a phone > Il giorno 21 set 2016, alle ore 09:54, Janko Mihelić ha > scritto: > > and only show which OSM data is wrong according to the closed source. Then > mappers would go survey the shop. Would this be OK? I am not sure if publishing the differences would

Re: [OSM-legal-talk] Using copyrighted data to locate objects in bing (and trace over bing)

2016-08-25 Thread Martin Koppenhoefer
sent from a phone > Il giorno 25 ago 2016, alle ore 21:41, Bjoern Hassler > ha scritto: > > The use: I'm interested in locating megalithic structures, but only where > those are visible on Bing. I am not interested in copying anything from the > map to OSM that I

Re: [OSM-legal-talk] [OSM-dev] Legal question about attribution text on smartphone

2017-04-21 Thread Martin Koppenhoefer
sent from a phone > On 21. Apr 2017, at 12:10, Rory McCann wrote: > > So I dunno? Maybe? There could be ways around it if you don't want to include > it on every map page. Does your app have a loading/spash screen? Including an > attribution there, which is shown every

Re: [OSM-legal-talk] [OSM-dev] Legal question about attribution text on smartphone

2017-04-23 Thread Martin Koppenhoefer
sent from a phone > On 23. Apr 2017, at 00:26, Stadin, Benjamin > wrote: > > (UIActionSheet on iOS) As a side note UIActionSheet is deprecated since iOS8 (2014) Cheers, Martin ___ legal-talk mailing list

[OSM-legal-talk] artist using osm data

2017-09-06 Thread Martin Koppenhoefer
There is an artist who makes (generally big scale (up to global), sometimes small scale) drawings on maps by connecting either place centre nodes (cities, towns, villages) or sometimes features (e.g. hotels, bridges, etc.). The resulting lines make up the art work. These lines are in the vast

Re: [OSM-legal-talk] Using screenshots from OpenStreetMap

2017-10-31 Thread Martin Koppenhoefer
Hello Tony, you don't need to buy a license (and more generally, it is impossible), but you will have to attribute the background image to OpenStreetMap if you publish or distribute your application (i.e. from what you write it seems you will have to). See here for more information:

Re: [OSM-legal-talk] Using OpenData from Geoinformationservice Germany Rheinland-Pfalz

2019-03-11 Thread Martin Koppenhoefer
Am Sa., 9. März 2019 um 15:14 Uhr schrieb Bernhard Schmitz < bernhard.schmi...@web.de>: > is it legal to use the geoinformationdata from the > geoinformationistitute Rheinland-Pfalz Germany for house numbering and > buildings in OSM? > > Link to the opendata maps and orthophotos: > >

Re: [OSM-legal-talk] How to stop violation of OSM copyright by Mapbox?

2019-03-08 Thread Martin Koppenhoefer
to me it seems you did represent facts, although I am not sure I would see the click-to-see attribution on small screens a violation of copyright, I agree it is suspicious that there is space for a mapbox logo but not for an OSM attribution. Cheers, Martin

Re: [OSM-legal-talk] How to get geolocation without problem into Wikidata

2019-05-13 Thread Martin Koppenhoefer
sent from a phone > On 14. May 2019, at 00:14, Kathleen Lu via legal-talk > wrote: > > If by "Each wikidata people repeat this operation manually." you mean that > each individual Wikipedia editor makes their own decision about whether to > copy the lat/long, and it is not a coordinated or

Re: [OSM-legal-talk] How to get geolocation without problem into Wikidata

2019-05-15 Thread Martin Koppenhoefer
Am Mi., 15. Mai 2019 um 10:19 Uhr schrieb Shu Higashi : > Thanks, Martin and Kathleen. > > I will let wikidata people know the operation as I described 1-4 > and tell them to be sure not to be engaged in "systematic attempt to > aggregate" > in order to avoid share-alike triggering. from my

Re: [OSM-legal-talk] How to get geolocation without problem into Wikidata

2019-05-12 Thread Martin Koppenhoefer
provided you do it for a substantial part of OpenStreetMap data, from my understanding you would trigger ODbL, i.e. you would be creating a derivative database. https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Substantial_-_Guideline Cheers, Martin

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-11 Thread Martin Koppenhoefer
sent from a phone > On 11. Jul 2019, at 20:23, Kathleen Lu wrote: > > "Substantial investment" may not be a black and white standard, but it is a > meaningful one. I hypothesize that Tesco would have difficulty proving "a > substantial investment in either the obtaining, verification or

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-10 Thread Martin Koppenhoefer
sent from a phone > On 10. Jul 2019, at 18:35, Kathleen Lu via legal-talk > wrote: > > I do not think that a retail store chain could successfully argue that it > makes a "substantial investment" in maintaining a list of its own stores' > hours. Since the store sets the hours, the effort

Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

2019-07-12 Thread Martin Koppenhoefer
sent from a phone > On 12. Jul 2019, at 11:37, Mateusz Konieczny wrote: > > For example I may draw a red circle > and publish it under CC BY-NC. > > But drawing of a red circle is not copyrightable, > as it is to simple to qualify for protection > and lacks originality. it may depend on

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-13 Thread Martin Koppenhoefer
sent from a phone > On 13. Dec 2019, at 19:32, matthias.straetl...@buerotiger.de wrote: > > So as soon I'm selecting any data using OSM polygons, it gets transformed OSM > data? > They're not even touching on the same layer, since it's a different feature > type. if you modify your data

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-13 Thread Martin Koppenhoefer
sent from a phone > On 13. Dec 2019, at 19:56, Frederik Ramm wrote: > > I'll have to ponder this for a while, it changes some assumptions I had > made. It would mean that, for example, a database that contains a count > of all pubs in each municipality, -> adaptation > or a database

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
sent from a phone >> On 16. Dec 2019, at 22:09, Kathleen Lu via legal-talk >> wrote: > That's what the guidelines are for! > We can't cover every possible example because there are too many, but as I > already said, I think your usecase is covered by the Geocoding Guideline. >

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
sent from a phone > On 17. Dec 2019, at 01:35, Kathleen Lu wrote: > > >> >> To create an accurate postcode polygon from point features you will need a >> lot of them, so probably already a handful of them would be considered >> substantial. > > This logic seems backwards. Since it

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
sent from a phone > On 17. Dec 2019, at 01:11, matthias.straetl...@buerotiger.de wrote: > > I think, that's a moralistic point of view. I'll neither collect a > substantial part > of the whole OSM database, nor you could proof that there was big investment > made to > collect the data. Since

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
sent from a phone > On 17. Dec 2019, at 00:04, Kathleen Lu wrote: > > But what that says is not just "create a new database" but one "that contains > the whole or a substantial part of the original OSM database." His new > database will contain very little if any of the original OSM

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-12 Thread Martin Koppenhoefer
sent from a phone > On 12. Dec 2019, at 08:19, Frederik Ramm wrote: > > As an exception to the above, if the number of boundaries you use is > less than 100 - an crucially this could be after the trivial alterations > you mention - then the extract you are making is considered not to be >

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-12 Thread Martin Koppenhoefer
Am Do., 12. Dez. 2019 um 08:01 Uhr schrieb < matthias.straetl...@buerotiger.de>: > I want to use polygons (district boundaries) from OSM dataset to select > points for a proprietary dataset. >From a practical point of view, boundaries in OSM rarely originate from surveys, you might be lucky to

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-12 Thread Martin Koppenhoefer
Am Do., 12. Dez. 2019 um 19:53 Uhr schrieb < matthias.straetl...@buerotiger.de>: > But I neither want to merge OSM data or add it to my data. I just want to > use it to > select points of my dataset. then it may eventually fall under the geocoding guideline:

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
Am Mo., 16. Dez. 2019 um 03:19 Uhr schrieb < matthias.straetl...@buerotiger.de>: > Okay, I'll canceld all plans to use OpenStreetMap for this task. > I've contacted several commercial data providers and hope to get offers > tomorrow. > > I didn't expected OpenStreetMap to be such non-free and

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-16 Thread Martin Koppenhoefer
Am Mo., 16. Dez. 2019 um 16:03 Uhr schrieb < matthias.straetl...@buerotiger.de>: > Now, I neither can use your data, nor add my dataset to yours. A > lose-lose-situation :-( > the problem is that "your dataset" is not yours, otherwise you could add it, and you could also decide whether to use

Re: [OSM-legal-talk] ZIP codes from OSM in non-compatible licensed dataset

2019-10-07 Thread Martin Koppenhoefer
sent from a phone > On 7. Oct 2019, at 19:48, Kathleen Lu via legal-talk > wrote: > > In my view, if you are keeping the two zip codes in different columns and not > removing duplicates, then essentially what you have is one property that is > "OSM ZIP" and one property that is

Re: [OSM-legal-talk] ZIP codes from OSM in non-compatible licensed dataset

2019-10-11 Thread Martin Koppenhoefer
Am Do., 10. Okt. 2019 um 23:25 Uhr schrieb Kathleen Lu via legal-talk < legal-talk@openstreetmap.org>: > Cost is a relevant factor in database protection law, which is one of the > rights covered by the licence. First, a database is not protected unless > there has been "substantial investment"

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-19 Thread Martin Koppenhoefer
sent from a phone > On 20. Dec 2019, at 00:16, Kathleen Lu via legal-talk > wrote: > > This is not what the Substantial Guideline says. It says that fewer than 100 > features is "not Substantial". It also gives as an example "More that 100 > Features only if the extraction is

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-21 Thread Martin Koppenhoefer
sent from a phone > On 21. Dec 2019, at 03:22, Kathleen Lu wrote: > > Remember that it's a "substantial part...of the contents of a database" (in > this case OSM), and one way would be a very very small part of OSM. If “substantial“ has to be seen in relation to the size of the database it

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-21 Thread Martin Koppenhoefer
sent from a phone > On 21. Dec 2019, at 03:01, Kathleen Lu wrote: > > No, the guideline was explicitly about both individual results and > aggregations. Individual results are insubstantial, so no ODbL obligations > attach at all (attribution is one of the ODbL obligations). while an

Re: [OSM-legal-talk] use OSM data to select proprietary data

2019-12-20 Thread Martin Koppenhoefer
sent from a phone > On 20. Dec 2019, at 08:04, Mateusz Konieczny wrote: > > Obviously, both nodes, ways and > relations should be counted. > > Otherwise one would be able to > temporarily create one relation, > that would include all data (s)he > wish to use and export this. and if you

[OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

2020-03-31 Thread Martin Koppenhoefer
In Italy we have been discussing this situation: a member of the community wants to add links to OSM objects into a list of specific shops (those that are open during the covid-19 pandemia). The list will be published here: https://www.covid19italia.help/opendata/ with an CC-BY-4.0 license. The

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Martin Koppenhoefer
sent from a phone > On 23. Sep 2020, at 14:43, Kathleen Lu via legal-talk > wrote: > So if changeset comments did not count as part of the geo-database, OSM would > not have rights to use them, which would be contrary to the purposes of the > Contributor Terms. looking at the terms, to my

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-24 Thread Martin Koppenhoefer
sent from a phone > On 24. Sep 2020, at 02:41, Kathleen Lu via legal-talk > wrote: > > I read "geo-database contributions" as including changeset comments & > discussions and map notes, because they are tied to the map features. I do > not think geo-database contributions include blog

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-24 Thread Martin Koppenhoefer
Am Do., 24. Sept. 2020 um 12:05 Uhr schrieb Tom Hughes : > On 24/09/2020 10:18, Martin Koppenhoefer wrote: > > > it contains changesets, notes, etc. but not diary posts or changeset > > comments (correct me if I’m wrong). > > You're wrong: > > https://planet.openst

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Martin Koppenhoefer
Am Mi., 23. Sept. 2020 um 11:02 Uhr schrieb Christoph Hormann < chris_horm...@gmx.de>: > ... That changeset data > is distributed separately from other parts of our database is not an > argument against it being covered by the contributor terms. Frequent > discussion in the OSM community that

Re: [OSM-legal-talk] Changeset Comments Copyright

2020-09-23 Thread Martin Koppenhoefer
Am Mi., 23. Sept. 2020 um 12:25 Uhr schrieb GITNE : > > > https://wiki.openstreetmap.org/w/images/5/58/OSM_DB_Schema_2016-12-13.svg > Martin, please correct me if I am wrong but the database represented by the > schema you have pointed to is not what is actually publicly available, > that is >

Re: [OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-28 Thread Martin Koppenhoefer
sent from a phone > On 27. Oct 2020, at 22:15, Kathleen Lu via legal-talk > wrote: > > Again, not conducting a comprehensive survey here, but if 95% of the polygons > match OSM polygons, then even if there is technically a derivative database, > then I think this simply isn't worth our time

[OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer
In recent local discussions it has emerged that some license has conditions for the reuse of the data, which may eventually not be completely compatible with OSM. In particular it relates to an Italian license which states as a condition you have to "not reuse the Information in a way that

Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer
sent from a phone > On 14. Jul 2020, at 15:28, Mateusz Konieczny wrote: > > Maybe they assume that it is covered > anyway by moral rights? > > But ODBL waives moral rights if allowed > by law, > it attempts to block asserting such claims, > and so on. > > Disclaimer: I am not a lawyer etc

Re: [OSM-legal-talk] OSM compatibility of licenses which restrict modification

2020-07-14 Thread Martin Koppenhoefer
sent from a phone > On 14. Jul 2020, at 12:40, Mateusz Konieczny via legal-talk > wrote: > > Such data is incompatible with > OSM requirements, must not be > imported, must be removed as > copyright violation if added already. on the plus side there is a declaration of the license steward

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-17 Thread Martin Koppenhoefer
Am Di., 16. Juni 2020 um 16:00 Uhr schrieb Mateusz Konieczny via legal-talk : > See https://meta.wikimedia.org/wiki/Wikilegal/Database_Rights > > > Whenever possible, the best course is to use only content that is made > > available by the author under an open license. In particular, for EU > >

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-17 Thread Martin Koppenhoefer
Am Mi., 17. Juni 2020 um 10:19 Uhr schrieb Martin Koppenhoefer < dieterdre...@gmail.com>: > Am Di., 16. Juni 2020 um 16:00 Uhr schrieb Mateusz Konieczny via > legal-talk : > >> https://www.wikidata.org/wiki/Wikidata:Copyright >> > > ... ultimately

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-16 Thread Martin Koppenhoefer
Am Di., 16. Juni 2020 um 13:32 Uhr schrieb Simon Poole : > (not discussing if the material added is even protected > to start with). As you are mentioning it, are you in doubt? By the substantial guideline it seems it would be covered by the ODbL:

[OSM-legal-talk] OSM Data in wikidata

2020-06-16 Thread Martin Koppenhoefer
I have noticed that people have been importing OSM data into wikidata. Here are some examples: https://www.wikidata.org/wiki/Q76939332 https://www.wikidata.org/wiki/Q76951022 https://www.wikidata.org/wiki/Q76972551 This is a link that someone helpful has provided in the user talk page of the

Re: [OSM-legal-talk] OSM Data in wikidata

2020-06-16 Thread Martin Koppenhoefer
Am Di., 16. Juni 2020 um 13:58 Uhr schrieb Simon Poole : > > I'm simply making no assumptions about how the data got into wikidata, for > example the users may be contributing to both (OSM and WD). > I have checked for the data in the Rome area that a fair amount was contributed to OSM by the

Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site

2020-12-02 Thread Martin Koppenhoefer
IANAL, but why do you believe you could have any obligation to host their content on your server? Do you have terms of service? Cheers Martin ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk

Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site

2020-12-02 Thread Martin Koppenhoefer
sent from a phone > On 2. Dec 2020, at 11:15, Nick Whitelegg wrote: > > I don't have any terms of service - as a non-profit/research project it's all > quite informal consider setting up some simple terms, even short ones, where you deny all responsibility, liability and guarantee and

Re: [OSM-legal-talk] Warning about not mapping military areas

2020-12-24 Thread Martin Koppenhoefer
Am Di., 22. Dez. 2020 um 10:12 Uhr schrieb Edward Bainton < bainton@gmail.com>: > > Dangerous: I think there's a risk that by saying, "please follow local > laws" (rather than saying nothing), we open ourselves to accusations of not > policing "our" mappers properly. You can imagine the

Re: [OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-28 Thread Martin Koppenhoefer
sent from a phone > On 28. Oct 2020, at 16:19, Kathleen Lu wrote: > > Actually quality scores would be not be subject to sharealike, per the > Collective Database Guideline. Why does the collective database guideline apply? Aren‘t they coloring OpenStreetMap derived data? To me this looks

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