[OSM-legal-talk] INANAL - But these guys are
Iván Sánchez Ortega
ivansanchez at escomposlinux.org
Mon Feb 26 17:54:29 GMT 2007
El Lunes, 26 de Febrero de 2007 15:22, Nick Black escribió:
> So with a bit of arm bending, we've managed to get some CC guys to
> take a look at OSM's license situation. What we need is a one or two
> page document that summarises OSM's current license,
CC-by-sa 2.0... no need to further explain that.
However, the mapping techniques deserve some explanations. Explain, for
example, that the basis for the names of the features are taken from the
> points out the problems with it and summarises some questions that we have
> about licensing.
I've been on the ITN thread on talk at osm, so I'll brainstorm for a while. And
then, a small rant follows:
Abstract and general IP, copyright, and geodata questions:
- We have some doubts about geodata (as OSM understands it) is a form of
intellectual property, and thus able to be covered by copyright law. (WIPO
copyright treaties, etc)
- Navteq/Teleatlas (of TomTom fame) license their copyrighted geodata. How
were they able to put a (c) symbol on it?
- Some people in the Creative Commons Spain mailing list weren't sure that
geodata are covered by the spanish IP law - Are any other jurisdictions or
international IP laws *not* fuzzy about geodata?
- Can OSM derive/infer geodata from commercial data sources? (without
- Comments on the OSM-Yahoo! agreement.
- During the map-making process, the (public domain) collected data is
processed by people, and thus may become IP. When does it happen?
- Is a WSG84 coordinate a piece of intellectual property?
- Is a GPS trace (an ordered set of WSG84 coords) IP?
- Is untagged OSM data IP?
- Is tagged OSM data IP?
- Is a render/print of OSM data IP?
- *Can* a CC license be aplied to OSM data? How well does it fit?
- Transition from 2.0 to 3.0: Possible? Does it provide benefits to OSM?
- Can OSM (as a whole) write extra clauses to the CC license? (to
clarify "geodata", etc)
- Does there exist a CC-like license tailored to geodata?
- Could OSM tailor the CC v3.0 license to cover OSM data?
- Does CC have an interest to cover geodata (and OSM)?
Specific OSM questions
As far as I (Iván Sánchez) know, the spirit of OSM is to build a big database
of geodata, using the viral aspects of CC licenses to encourage so. I
personally think that:
- I'm concerned about the database being expanded/upgraded, and I not being
able to get back that changes. That's the reason of the "share-alike" part of
the license.Hey, I'm a pack rat, I can't help it.
- I, however, am not concerned about people/companies printing the data, or
doing whatever they want, as long as it's not *add* or *update* information
to the dataset. That poses a problem with the "share-alike" part of the
license, as past experiences revealed that people are not capable of keeping
the license along.
I feel that the CC license is right as long as the geodata is still geodata: a
bunch of abstract points and lines, along with tags.
But, when the map is rendered to an image, or printed to paper, does it make
sense to keep the CC-by-sa license? I mean, is keeping the CC-by-sa license
on the printed map in the interests of OSM as a whole?
Possible ways to achieve this:
1 - Keep the CC-by-sa, but add the posibility of distributing *rendered*
copies of the OSM data under a CC-by license, dropping the "share-alike" part
as soon as the data is rendered.
Problem 1 - Can this be done easily?
2 - Double license the data. Keep the CC-by-sa, and add another license along
(i.e. CC-sampling) that allows things with rendered portions of the data but
keeps people out of working with the geodata freely.
Problem 2.a - Sampling is cool, but it's for music, not for geodata.
Problem 2.b - How does the double licensing keeps through? Does
double-licensed works remain double-licensed works as far as OSM want?
3 - Custom "open geodata"/OSM license.
Problem 3 - Drafting a new license is tedious work, and needs lawyers +
money + time.
4 - Tweak the CC license to allow dropping of the share-alike clause when the
data is rendered. The CC deed explicitly says "Any of the above conditions
can be waived if you get permission from the copyright holder.", so from my
point of view, it's not impossible.
Problem 4 - I'm not very sure that point 8.b of the CC-by-sa can be
tweaked/bypassed to allow this. And 8.b is more specific and thus more
important than the deed.
Anyway, the license page on the wiki will need some work. And PLEASE lock it.
Vandalism on the license page can be disastrous.
Hope this helps,
Iván Sánchez Ortega <ivansanchez at escomposlinux.org>
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