On Sun, Jan 17, 2010 at 10:51 AM, John Smith <span dir="ltr"><<a href="mailto:deltafoxtrot256@gmail.com">deltafoxtrot256@gmail.com</a>></span> wrote:<br><div class="gmail_quote"><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
2010/1/18 Frederik Ramm <<a href="mailto:frederik@remote.org">frederik@remote.org</a>>:<br>
<div class="im">> whereas if the data is not copyrighted, but given to me under a contract<br>
> that stipulates that I may not put it up on a web site and say "download and<br>
> use freely" then<br>
<br>
</div>Assuming the data isn't copyrightable, the vector + lat/lon<br>
information may not be, but there is a lot of meta information that<br>
may be. However I'm guessing Anthony will be the first to breach<br>
contract, so it's only a matter of time before we have a willing<br>
candidate :)<br>
</blockquote></div><br>I never plan to agree to the contract in the first place, so I won't be breaching it.<br><br>On Sun, Jan 17, 2010 at 10:50 AM, Ævar Arnfjörð Bjarmason <span dir="ltr"><<a href="mailto:avarab@gmail.com">avarab@gmail.com</a>></span> wrote:<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
The theory is that the data isn't copyrightable and therefore the<br>
CC-BY-SA didn't apply in the first place since it is a copyright<br>
license.<br></blockquote><br>
Whose theory is that? It isn't mine. My theory is that the proposed contributor terms, which explicitly grant essentially everyone permission to do essentially everything, is tantamount to a dedication into the public domain (better, in fact, because it works in some jurisdictions where public domain dedications aren't permitted).<br>
<br><div class="gmail_quote">On Sun, Jan 17, 2010 at 10:54 AM, Frederik Ramm <span dir="ltr"><<a href="mailto:frederik@remote.org">frederik@remote.org</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Sites that depend on contracts will usually have something in their
terms and conditions that says "if you're not legally able to enter a
contract then go away". (We have discussed this and most OSMers would
not really like to have terms and conditions that basically shut out
minors from the project. I don't know what will happen.)<br></blockquote><div><br>Yeah, I can't see that happening.<br><br>But I think you're missing the fact that sites which try to restrict people from copying their databases pretty much universally do not provide database dumps. A terms and conditions which says "if you're not legally able to enter a
contract then go away" only works if it's combined with a technical means to catch people trying to systematically download everything (who can then be charged with computer trespass which is much more severe than a mere breach of contract, and applies to everyone including minors).<br>
<br>On Sun, Jan 17, 2010 at 10:54 AM, Ævar Arnfjörð Bjarmason <span dir="ltr"><<a href="mailto:avarab@gmail.com">avarab@gmail.com</a>></span> wrote:<br>
<blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">You seem to be forgetting that Google has terms of service for map<br>
maker: <a href="http://www.google.com/mapmaker/mapfiles/s/terms_mapmaker.html" target="_blank">http://www.google.com/mapmaker/mapfiles/s/terms_mapmaker.html</a><br>
<br>
"By submitting User Submissions to the Service, you give Google a<br>
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive<br>
license to reproduce, adapt, modify, translate, publish, publicly<br>
perform, publicly display, distribute, and create derivative works of<br>
the User Submission. ...."<br>
<br>
OpenStreetMap however does not<br>
</blockquote><br>
Not yet, but: "You hereby grant to OSMF and any party that receives Your Contents a
worldwide, royalty-free, non-exclusive, perpetual, irrevocable license
to do any act that is restricted by copyright over anything within the
Contents, whether in the original medium or any other." <a href="http://www.osmfoundation.org/wiki/License/Contributor_Terms">http://www.osmfoundation.org/wiki/License/Contributor_Terms</a><br><br>My comments are based on the axiom that OSMF adopts those contributor terms. If the switch to ODbL (which includes contributor terms, and I was told that this 0.9 draft is likely to be equivalent to the 1.0 release as far as this clause is concerned) does not go through, then everything will be CC-BY-SA, and the whole PD flagging thing makes more sense.<br>
<br>If someone wants to bring up this proposal again *after* the failure of the switch to ODbL, fine. But let's handle one misguided and not-well-thought-out proposal at once.<br></div></div>