[OSM-legal-talk] [OSM-talk] NearMap Community Licence and OSM Contributor Terms

[SteveC]

Moving to legal-talk

Ben in future please post here.

On Aug 19, 2010, at 12:38 PM, Peteris Krisjanis wrote:
> It is not only about NearMap, we have tens of goverment sources which
> requires attribution.
> 
> It *is* talk list issue. It is about future of the project.

Not yet it isn't.

NearMap is the only company I'm aware of attempting to hold a lot of data hostage in this way. We all have our different opinions on the license, but the point is that we need to do something going forward which will be on average better for everyone. It won't be perfect. Therefore we have to make compromises.

NearMap have some valid things they pointed out might make the CT's better. The LWG has had approximately 12 hours (from memory) to look at them, and for all we know might think they're awesome and change. Maybe not. We don't know.

That's not the same thing as "oh my god we should do whatever NearMap want us to do".

Therefore it's a discussion about the points in the CT's, which may or may not be changed. Not just "do whatever NearMap says". 

I think a much better position from NearMap would be to compromise on the data already in. Say, yes the data already derived can be used under the CT's. Then work with the LWG to fix the issues they see. You can't really put "it's not our place as a company to try and direct or influence the direction of OSM." at the end of an email which is all about trying to direct and influence the directions of the LWG and OSM and expect to be taken seriously. I'd be more honest and say, yes, we do want to change the direction so that it suits our business better. Because that's the reality as I see it. And it's not really that bad.

I think the bigger issues is NearMap mistaking the intention and the word of the license. We can debate for the next millennia the meaning of a "future free and open license" under the specific wording of what that might mean. These are open issues that will take a long time, possibly a lot longer than the ODbL process to figure out.

I don't think we're going to get anywhere bouncing between people who want everything to be PD (like USGS) and folks who want it to be some variant of attribution-sharealike and possibly NC (NearMap). We need to move forward in the spirit of compromise on to something which every rational person I know thinks is the best step forward - the ODbL.

The other way of cooling this off is to not see the ODbL as the final step. I don't think it was intended to be. Once that's in place, then the field is open to discuss the next steps.

Finally, I think the most honest step forward for NearMap and us unless they show some compromise on things like past data is to just shut it off. Believe me, there are a lot of other aerial imagery options being pursued hard and NearMap aren't the be all and end all. If they don't want to play ball and want to place restrictions on OSM, lets just work on alternatives.

Steve

stevecoast.com



> 
> Cheers,
> Peter.
> 
> 2010/8/19 Brad Neuhauser <brad.neuhauser at gmail.com>:
>> If it's about NearMap, then talk-au seems more appropriate.
>> 
>> On Thu, Aug 19, 2010 at 7:59 AM, Anthony <osm at inbox.org> wrote:
>>> On Thu, Aug 19, 2010 at 8:54 AM, Frederik Ramm <frederik at remote.org> wrote:
>>>>   this discussion must move to legal-talk.
>>> 
>>> If we don't change the contributor terms, then we lose NearMap.
>>> 
>>> That's not a legal discussion.
>>> 
>>> _______________________________________________
>>> talk mailing list
>>> talk at openstreetmap.org
>>> http://lists.openstreetmap.org/listinfo/talk
>>> 
>> 
>> _______________________________________________
>> talk mailing list
>> talk at openstreetmap.org
>> http://lists.openstreetmap.org/listinfo/talk
>> 
> 
> 
> 
> -- 
> mortigi tempo
> Pēteris Krišjānis
> 
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