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 reserve the right to do anything 
and without notice. 

Just in case.

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

2020-12-02 Thread Nick Whitelegg
Hello Frederik,

OK - thanks for that. That clears things up quite nicely I think.

I have too many "day job" obligations at the moment to set it up as a
business, but the thought has crossed my mind for the future.

Thanks,
Nick

On Wed, Dec 2, 2020 at 12:03 PM Frederik Ramm  wrote:

> Hi,
>
> On 02.12.20 09:49, Nick Whitelegg wrote:
> > As I said I am paying for this out of my own money and do not want the
> > storage space to be used for purposes other than panos of walking trails.
>
> I think you have already done *much* more than can be expected of you. I
> would have removed the data long ago. Or, if you are in a business-y
> mood, offer to keep their images if they pay you some money - depending
> on what their use-case and expertise is, it might be cheaper for them to
> pay you than to run things themselves. If you're lucky, it pays for the
> whole server and then some.
>
> That of course then puts you in a situation where you will have some
> obligations, and you'd need to explain to them that they can't expect
> you to fix a bug on Christmas Eve. Which is likely going to be ok for
> them, since at the moment they rely on a service that could delete their
> images for good any time ;)
>
> Bye
> Frederik
>
> --
> Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"
>
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Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site

2020-12-02 Thread Nick Whitelegg
Hello Martn,

I believe I 'probably' don't have any obligation, but I am just being
cautious as we do appear to live in a very litigious world and I just want
to be safe. It's a case of whether there is some automatic 'implied rights'
for users when there are no terms of service.

I don't have any terms of service - as a non-profit/research project it's
all quite informal - just some comments that 'unsuitable' panoramas, or
panoramas containing faces and license plates which are not detected by the
screening software I use - may be removed. Recently (after this) I have
added a comment on road panoramas being liable to be removed if unlikely to
be of interest to walkers.

Thanks,
Nick

On Wed, Dec 2, 2020 at 11:44 AM Martin Koppenhoefer 
wrote:

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

2020-12-02 Thread Mateusz Konieczny via legal-talk



Dec 2, 2020, 09:49 by nickw4...@gmail.com:

> I have contacted the company asking them if it was OK to delete their 
> panoramas (as the content is arguably 'inappropritate' for a walking-oriented 
> site) nd they replied to me, in a friendly and cooperative way, saying they 
> would setup their own 'local' OpenTrailView server by November 13th. I since 
> contacted them to confirm whether they had done this (twice) but have not 
> heard back.
>
> With this in mind, given it's my own server (well technically I rent the 
> space from a hosting provider, but you know what i mean) and given I've sent 
> several emails to them, will it be OK legally for me to remove their 
> panoramas?
>
Disclaimer: I am not a lawyer.

As far as I know, you can delete offtopic content from your service.

I routinely delete offtopic content from OSM Telegram channel[1].

Any place on internet allowing submissions must moderate content
or will turn into a garbage dump.

It may be also a good idea to have terms of service reminding that
you can delete anything for any reason whatsoever.

Bonus disclaimer: I can imagine cases where deletions would be 
legally problematic (running into laws about discrimination or
anti-monopoly laws) but I cannot imagine anything applying here.

[1] Typically bitcoin scams spam, but sometimes something
more boderline.

> As I said I am paying for this out of my own money and do not want the 
> storage space to be used for purposes other than panos of walking trails.
>
Delete if you want. Note that giving warning was not necessary,
as far as I know deletion without warning is completely fine.
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Re: [OSM-legal-talk] Removal of 'unsuitable' content from an OSM-related site

2020-12-02 Thread Frederik Ramm
Hi,

On 02.12.20 09:49, Nick Whitelegg wrote:
> As I said I am paying for this out of my own money and do not want the
> storage space to be used for purposes other than panos of walking trails.

I think you have already done *much* more than can be expected of you. I
would have removed the data long ago. Or, if you are in a business-y
mood, offer to keep their images if they pay you some money - depending
on what their use-case and expertise is, it might be cheaper for them to
pay you than to run things themselves. If you're lucky, it pays for the
whole server and then some.

That of course then puts you in a situation where you will have some
obligations, and you'd need to explain to them that they can't expect
you to fix a bug on Christmas Eve. Which is likely going to be ok for
them, since at the moment they rely on a service that could delete their
images for good any time ;)

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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

2020-12-02 Thread Nick Whitelegg
Hello everyone,

Apologies - this is not directly related to OpenStreetMap itself but is
related to a site of mine which uses OpenStreetMap data so I thought I'd
post my question here to get opinions.

I have been developing a site OpenTrailView (https://opentrailview.org) to
collect 360 panoramas of walking and hiking routes. OSM data is used to
connect the panoramas together.

The site has always advertised itself as a site to collect panos of
*walking* routes - however a company has used the site to upload a large
number of panoramas of on-road routes. My problem with this is that it's
using up server space on a server that I pay for out of my own money.

I have contacted the company asking them if it was OK to delete their
panoramas (as the content is arguably 'inappropritate' for a
walking-oriented site) nd they replied to me, in a friendly and cooperative
way, saying they would setup their own 'local' OpenTrailView server by
November 13th. I since contacted them to confirm whether they had done this
(twice) but have not heard back.

With this in mind, given it's my own server (well technically I rent the
space from a hosting provider, but you know what i mean) and given I've
sent several emails to them, will it be OK legally for me to remove their
panoramas?

Likely legislation would be Germany as that is where the server is based,
or possibly UK because that is where I am based most of the time,

As I said I am paying for this out of my own money and do not want the
storage space to be used for purposes other than panos of walking trails.

Thanks,
Nick
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