That's some great imagery if he can read the name signs on that street...

Greets,
Floris Looijesteijn

On Tue, May 29, 2012 at 11:01 AM, Thomas Davie <tom.da...@gmail.com> wrote:
> If I remember correctly (someone correct me if I don't), a lawyer has agreed 
> that it's okay to keep node positions and ways where a user would reasonably 
> have created the same way from an ODbL compatible data source.  So for 
> example, in this case, the user could reasonably create the exact same way by 
> tracing bing, and hence is fine in terms of copyright breach.  The less 
> destructive way to do this would be to simply mark the way as odbl=clean 
> rather than deleting the original and creating a new one with the same node 
> positions though.
>
> Thanks
>
> Tom Davie
>
> On 29 May 2012, at 09:43, ce-test, qualified testing bv - Gert Gremmen wrote:
>
>> Apparently this ownership is more complex then
>> at first sight.
>>
>> A way is defined by its nodes and its tags.
>> Maarten only took a look at the tags.
>>
>> cetest did not only add a residential tag, but
>> created  the nodes (Version 1) that defines this
>> particular way with GPS acquired data,
>> later assisted by satellite data, even before
>> Bing became available.
>>
>> way data:
>> http://www.openstreetmap.org/browse/way/7539781/history
>>
>> Nodes data (just one)
>> http://www.openstreetmap.org/browse/node/44729547/history
>>
>> The whole area is full of this type of copyright breaches,
>> and I did not investigate anywhere else.
>>
>> Next topic of action:
>> Analyzing the bicycle routes that I personally biked
>> (GPS available, though not uploaded)
>> through large parts of the south west in Holland, will
>> show if the new author actually drove the route,
>> copied the data that I created,
>> or just took the GPX files from the fietsersbond.
>>
>>
>>
>> Regards
>> Gert
>>
>>
>> -----Oorspronkelijk bericht-----
>> Van: Maarten Deen [mailto:md...@xs4all.nl]
>> Verzonden: Tuesday, May 29, 2012 10:11 AM
>> Aan: talk@openstreetmap.org
>> Onderwerp: Re: [OSM-talk] OSM : It's a shame !!!
>>
>> On 2012-05-29 09:49, Nathan Edgars II wrote:
>>> On 5/29/2012 3:00 AM, Maarten Deen wrote:
>>>> On 2012-05-29 08:41, Thomas Davie wrote:
>>>>> "It's So Funny" has not copied your data here, he has simply
>>>>> modified it (in this case, changing highway=residential to
>>>>> highway=unclassified). When the redaction bot is unleashed, if you
>>>>> have still not accepted the CTs (do you have a particular reason not
>>
>>>>> to?), this data will be deleted. There is no problem here.
>>>>
>>>> It's So Funny changed a way that was created by CeesW on 2012-01-09:
>>>> <http://www.openstreetmap.org/browse/way/144917597/history>
>>>>
>>>> The previous way was deleted by CeesW in the same changeset.
>>>> <http://www.openstreetmap.org/api/0.6/way/7539781/history>
>>>>
>>>> So the person to confront would be CeesW, not It's So Funny.
>>>> Offending
>>>> changeset seems to be
>>>> <http://www.openstreetmap.org/browse/changeset/10345339>
>>>
>>> I don't see anything wrong with CeesW's change either:
>>> http://www.openstreetmap.org/browse/way/7539781/history
>>>
>>> AND has accepted the CT. The only thing cetest did was change
>>> unclassified to residential. This was kept by CeesW, but the whole
>>> area is a residential landuse, so I see no problem with that tag.
>>
>> The official stance from AND is that the data in the OSM database on
>> march 1 2010 can be used under ODbL, but previously not-entered data
>> from the original dataset is also not allowed to enter OSM under ODbL.
>> That clarification came on april 5th (discussed on talk-nl):
>> http://lists.openstreetmap.org/pipermail/talk-nl/2012-April/013870.html
>>
>> This is months after the changes made by CeesW. So his actions (deleting
>> and recreating) were extremly premature, in hindsight unnecessary and
>> can be called strange at any point in time.
>> You'd almost think it was an error on his part, but deleting and
>> recreating the same ways in the one changeset does not support that view
>> very much.
>>
>> Regards,
>> Maarten
>>
>>
>>
>>
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