Hi,

Sorry that you got dragged into this discussion but it pops up sometimes...

In short: When you are not sure don't use the map as a source. When you
have permission from the author just put that permission up on the OSM-wiki.

More information is here:

http://wiki.openstreetmap.org/wiki/Import/GettingPermission

Happy Mapping,

Ben

On Sun, Feb 1, 2015 at 7:40 PM, hvdb <henk...@gmail.com> wrote:

> my my ... what a 'discussion' over such a 'simple asking' .... ;P
> so ... if i could get a map or some info, what should one do then, so that
> it is ' legal' ... get a 'stamp' on such a map/papers , or something else ?
> Also ... how should one post/map such map/info on OSM, to proof that it is
> 'OK' for the people of the city hall ?
>
> 2015-02-01 16:26 GMT+01:00 <talk-be-requ...@openstreetmap.org>:
>
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>>
>>
>> Today's Topics:
>>
>>    1. Re: How to map streets with limited parking time?
>>       (Sander Deryckere)
>>    2. Re: How to map streets with limited parking time? (Andre Engels)
>>    3. Re: How to map streets with limited parking time? (Andre Engels)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Sun, 1 Feb 2015 13:18:59 +0100
>> From: Sander Deryckere <sander...@gmail.com>
>> To: OpenStreetMap Belgium <talk-be@openstreetmap.org>
>> Subject: Re: [OSM-talk-be] How to map streets with limited parking
>>         time?
>> Message-ID:
>>         <
>> cabuouo8srrodvgl5iui4cufusvahc2fwkdt177bk5nwkytw...@mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> I have a feeling I'm repeating myself. We're NOT talking about copyright.
>> There's no copyright involved in this case. Copyright doesn't matter here.
>> Copyright isn't the reason why OSM exists.
>>
>> We're talking about Sui Generis database rights (
>> http://en.wikipedia.org/wiki/Database_Directive).
>>
>> The problem with database rights is that there are only very few trials
>> that used it. So there are not many examples on what a "substantial part"
>> or even "a database" is.
>>
>> However, when interpreting the texts, you see that a database is
>>
>>
>>    - A collection of different records: there are different streets with
>>    data
>>    - Possible to see one record at a time: seeing the parking time of a
>>    single street makes sense when you're looking for a parking place
>> (which is
>>    the intended purpose of this map)
>>
>> The Sui Generis right protects
>>
>>    - qualitative or quantitative data: it's both here. The amount of
>>    streets is complete, and the information about those streets is
>> complete
>>    - substantial investment of time in either the obtaining, verification
>>    or presentation of the contents: Here it's about presentation. The
>>    information can simply be obtained by reading the decisions from the
>>    municipal council. However, presenting it in a GIS database, and
>> rendering
>>    that map takes time. If you say there's no time involved, than that's
>>    similar to about all tasks done by the municipal employees, and I guess
>>    that governments just shouldn't have any servants.
>>
>> Of those databases, it prohibits (except when written permission is given)
>> the extraction of a substantial part of the database. Where a substantial
>> part might be evaluated WRT quality or quantity. Here, it's again both,
>> since the information offered by the council is most likely of high
>> quality, and it's planned to extract all data, which is of high quantity.
>>
>> So if a judges gets confronted with this issue, it's likely he will judge
>> that this is a violation to the database rights,
>>
>>
>> Next to all my legal concerns, there's also the fact that surveyed data is
>> just better than imported data. When you surveyed a street, you can
>> compare
>> the results with the existing council data and find differences. Examining
>> those differences can make both datasets richer, rather than just
>> importing
>> mistakes.
>>
>> As such, I strongly advise against using other maps, and I even more
>> strongly advise against advertising to use other maps. Evidence of such
>> advertisement (f.e. in this mailing list) might bring OSM into a legally
>> grey zone, in which corporations won't want to use the data anymore. It's
>> not only the legal part that matters. Also the social part.
>>
>> May I remind you of the legal issues around Android? Microsoft just
>> claimed
>> they owned patents on some of the used technologies, and as a result,
>> brands shipping Android phones paid blackmail money to Microsoft.
>> Microsoft
>> even made more revenue from the Android phones that were sold than from
>> their own phones. I don't think we want companies that use our data (say
>> Mapbox, Geofabrik, Mapquest, ...) to pay to some giants (f.e. Google)
>> because someone on this mailing lists says that data can't be copyrighted,
>> so you can just copy from images like google maps.
>>
>>
>> Regards,
>>
>> Sander
>>
>> 2015-02-01 12:46 GMT+01:00 André Pirard <a.pirard.pa...@gmail.com>:
>>
>> >  Once again, facts and information cannot be copyrighted, and especially
>> > the law.
>> > The drawing (a piece of art) cannot be reproduced but you are not
>> required
>> > to phone the Town Administration for a survey and ask them one by one if
>> > what you see on the map is correct.
>> > Even the drawings of road signs is not copyrighted, and of course not
>> > where they are placed, even if you saw it on a photograph (that you
>> cannot
>> > reproduce).
>> > Same for the boundaries etc.
>> >
>> >   André.
>> >
>> >
>> > _______________________________________________
>> > Talk-be mailing list
>> > Talk-be@openstreetmap.org
>> > https://lists.openstreetmap.org/listinfo/talk-be
>> >
>> >
>> -------------- next part --------------
>> An HTML attachment was scrubbed...
>> URL: <
>> http://lists.openstreetmap.org/pipermail/talk-be/attachments/20150201/8b9e0677/attachment-0001.html
>> >
>>
>> ------------------------------
>>
>> Message: 2
>> Date: Sun, 1 Feb 2015 15:12:22 +0100
>> From: Andre Engels <andreeng...@gmail.com>
>> To: OpenStreetMap Belgium <talk-be@openstreetmap.org>
>> Subject: Re: [OSM-talk-be] How to map streets with limited parking
>>         time?
>> Message-ID:
>>         <
>> cagzcz0qqponcbaowq2cmumz1s3da8uk9nofoxqxvwh6kcps...@mail.gmail.com>
>> Content-Type: text/plain; charset=UTF-8
>>
>> On Sun, Feb 1, 2015 at 1:18 PM, Sander Deryckere <sander...@gmail.com>
>> wrote:
>> >
>> > I have a feeling I'm repeating myself. We're NOT talking about
>> copyright. There's no copyright involved in this case. Copyright doesn't
>> matter here. Copyright isn't the reason why OSM exists.
>> >
>> > We're talking about Sui Generis database rights (
>> http://en.wikipedia.org/wiki/Database_Directive).
>> >
>> > The problem with database rights is that there are only very few trials
>> that used it. So there are not many examples on what a "substantial part"
>> or even "a database" is.
>> >
>> >
>> >
>> > However, when interpreting the texts, you see that a database is
>> >
>> > A collection of different records: there are different streets with data
>> > Possible to see one record at a time: seeing the parking time of a
>> single street makes sense when you're looking for a parking place (which is
>> the intended purpose of this map)
>> >
>> > The Sui Generis right protects
>> >
>> > qualitative or quantitative data: it's both here. The amount of streets
>> is complete, and the information about those streets is complete
>> > substantial investment of time in either the obtaining, verification or
>> presentation of the contents: Here it's about presentation. The information
>> can simply be obtained by reading the decisions from the municipal council.
>> However, presenting it in a GIS database, and rendering that map takes
>> time. If you say there's no time involved, than that's similar to about all
>> tasks done by the municipal employees, and I guess that governments just
>> shouldn't have any servants.
>> >
>> > Of those databases, it prohibits (except when written permission is
>> given) the extraction of a substantial part of the database. Where a
>> substantial part might be evaluated WRT quality or quantity. Here, it's
>> again both, since the information offered by the council is most likely of
>> high quality, and it's planned to extract all data, which is of high
>> quantity.
>> >
>> > So if a judges gets confronted with this issue, it's likely he will
>> judge that this is a violation to the database rights,
>> >
>> >
>> > Next to all my legal concerns, there's also the fact that surveyed data
>> is just better than imported data. When you surveyed a street, you can
>> compare the results with the existing council data and find differences.
>> Examining those differences can make both datasets richer, rather than just
>> importing mistakes.
>> >
>> > As such, I strongly advise against using other maps, and I even more
>> strongly advise against advertising to use other maps. Evidence of such
>> advertisement (f.e. in this mailing list) might bring OSM into a legally
>> grey zone, in which corporations won't want to use the data anymore. It's
>> not only the legal part that matters. Also the social part.
>> >
>> > May I remind you of the legal issues around Android? Microsoft just
>> claimed they owned patents on some of the used technologies, and as a
>> result, brands shipping Android phones paid blackmail money to Microsoft.
>> Microsoft even made more revenue from the Android phones that were sold
>> than from their own phones. I don't think we want companies that use our
>> data (say Mapbox, Geofabrik, Mapquest, ...) to pay to some giants (f.e.
>> Google) because someone on this mailing lists says that data can't be
>> copyrighted, so you can just copy from images like google maps.
>> >
>> >
>> > Regards,
>> >
>> > Sander
>> >
>> >
>> > 2015-02-01 12:46 GMT+01:00 André Pirard <a.pirard.pa...@gmail.com>:
>> >>
>> >> Once again, facts and information cannot be copyrighted, and
>> especially the law.
>> >> The drawing (a piece of art) cannot be reproduced but you are not
>> required to phone the Town Administration for a survey and ask them one by
>> one if what you see on the map is correct.
>> >> Even the drawings of road signs is not copyrighted, and of course not
>> where they are placed, even if you saw it on a photograph (that you cannot
>> reproduce).
>> >> Same for the boundaries etc.
>> >>
>> >> André.
>> >>
>> >>
>> >>
>> >> _______________________________________________
>> >> Talk-be mailing list
>> >> Talk-be@openstreetmap.org
>> >> https://lists.openstreetmap.org/listinfo/talk-be
>> >>
>> >
>> >
>> > _______________________________________________
>> > Talk-be mailing list
>> > Talk-be@openstreetmap.org
>> > https://lists.openstreetmap.org/listinfo/talk-be
>> >
>>
>>
>>
>> --
>> André Engels, andreeng...@gmail.com
>>
>>
>>
>> ------------------------------
>>
>> Message: 3
>> Date: Sun, 1 Feb 2015 16:25:53 +0100
>> From: Andre Engels <andreeng...@gmail.com>
>> To: OpenStreetMap Belgium <talk-be@openstreetmap.org>
>> Subject: Re: [OSM-talk-be] How to map streets with limited parking
>>         time?
>> Message-ID:
>>         <CAGzCZ0pExrafZt+f9QO_9r7dJMLd+KssDQ1f=
>> tmgva4yxn0...@mail.gmail.com>
>> Content-Type: text/plain; charset="utf-8"
>>
>> On Sun, Feb 1, 2015 at 1:18 PM, Sander Deryckere <sander...@gmail.com>
>> wrote:
>>
>> > I have a feeling I'm repeating myself. We're NOT talking about
>> copyright.
>> > There's no copyright involved in this case. Copyright doesn't matter
>> here.
>> > Copyright isn't the reason why OSM exists.
>> >
>> > We're talking about Sui Generis database rights (
>> > http://en.wikipedia.org/wiki/Database_Directive).
>> >
>> > The problem with database rights is that there are only very few trials
>> > that used it. So there are not many examples on what a "substantial
>> part"
>> > or even "a database" is.
>> >
>> > However, when interpreting the texts, you see that a database is
>> >
>> >
>> >    - A collection of different records: there are different streets with
>> >    data
>> >    - Possible to see one record at a time: seeing the parking time of a
>> >    single street makes sense when you're looking for a parking place
>> (which is
>> >    the intended purpose of this map)
>> >
>> > The Sui Generis right protects
>> >
>> >    - qualitative or quantitative data: it's both here. The amount of
>> >    streets is complete, and the information about those streets is
>> complete
>> >    - substantial investment of time in either the obtaining,
>> verification
>> >    or presentation of the contents: Here it's about presentation. The
>> >    information can simply be obtained by reading the decisions from the
>> >    municipal council. However, presenting it in a GIS database, and
>> rendering
>> >    that map takes time. If you say there's no time involved, than that's
>> >    similar to about all tasks done by the municipal employees, and I
>> guess
>> >    that governments just shouldn't have any servants.
>> >
>> > Read
>>
>> http://uitspraken.rechtspraak.nl/inziendocument?id=ECLI:NL:RBAMS:2011:CA4035
>>
>> "Ook het begrip 'investering in de presentatie van de inhoud van een
>> gegevensverzameling' moet beperkt worden uitgelegd. Niet alle kosten voor
>> de presentatie vallen daaronder, maar alleen die kosten die worden gemaakt
>> om de databank de gegevens te kunnen laten verwerken."
>>
>> And further:
>> "De door [A] ten slotte nog genoemde kosten voor het drukken van de
>> handleidingen met de normtabellen (EURO 3.000,-) en de tijdsbesteding voor de
>> opname van de normgegevens uit de tabellen in P2O (volgens [A] twee weken
>> fulltime werk per test), zijn naar het oordeel van de rechtbank - in
>> verhouding tot de kosten van de ontwikkeling van een test in zijn geheel -
>> niet als substantieel aan te merken"
>>
>> Would it really be more than 3000 Euros plus 2 weeks of a full-time
>> employee to put these data in a GIS database?
>>
>> For more examples, the following were considered NOT to have a
>> considerable
>> investment (or at least, the companies behind them not to have shown
>> considerable investment) by the Dutch judges:
>> * The Dutch public broadcasting company's database of programs and their
>> data
>> * RyanAir's database of all its flight data
>>
>> THOSE are the kinds of database the discussion is about. NOT a map with
>> some roads coloured and a legenda.
>>
>> So if a judges gets confronted with this issue, it's likely he will judge
>> > that this is a violation to the database rights.
>> >
>> If he hasn't laughed you away already, he will very easily say that no,
>> this is not a protected database.
>>
>>
>> > Next to all my legal concerns, there's also the fact that surveyed data
>> is
>> > just better than imported data. When you surveyed a street, you can
>> compare
>> > the results with the existing council data and find differences.
>> Examining
>> > those differences can make both datasets richer, rather than just
>> importing
>> > mistakes.
>> >
>> Best is the enemy of good. Yes, surveyed data is better than imported, and
>> combined data is better than either. But that's only the case if you have
>> the choice. Imported data is better than no data. It is also better than
>> data you know to be wrong.
>>
>> > As such, I strongly advise against using other maps, and I even more
>> > strongly advise against advertising to use other maps. Evidence of such
>> > advertisement (f.e. in this mailing list) might bring OSM into a legally
>> > grey zone, in which corporations won't want to use the data anymore.
>> It's
>> > not only the legal part that matters. Also the social part.
>> >
>>  There is no legally grey zone here. You are creating it yourself.
>>
>> > May I remind you of the legal issues around Android? Microsoft just
>> > claimed they owned patents on some of the used technologies, and as a
>> > result, brands shipping Android phones paid blackmail money to
>> Microsoft.
>> > Microsoft even made more revenue from the Android phones that were sold
>> > than from their own phones. I don't think we want companies that use our
>> > data (say Mapbox, Geofabrik, Mapquest, ...) to pay to some giants (f.e.
>> > Google) because someone on this mailing lists says that data can't be
>> > copyrighted, so you can just copy from images like google maps.
>> >
>> Now, that's  a jump. From picking a few points of data from another source
>> than your own eyes to wholesale copying of another source... If the only
>> way to keep people from breaking database rights is by increasing its
>> extend into the ridiculous and then once more, maybe the time has come to
>> just stop using volunteers for this project.
>>
>>
>>
>>   --
>> André Engels, andreeng...@gmail.com
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>> Subject: Digest Footer
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>> ------------------------------
>>
>> End of Talk-be Digest, Vol 86, Issue 2
>> **************************************
>>
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