[OSM-legal-talk] MoU between OSM and NLSF

Jaakko Helleranta.com jaakko at helleranta.com
Wed Jul 4 11:06:47 BST 2012


"I'm open to change title
of the document, if you have good one."

"MOU" 
-> "A brief document to clarify the worries of some in the OSM community about the compatibility of the NLSF Open Data license with OSM ODbL license + OSM's CTs"?

:)

Cheers,
-J
Sent from my BlackBerry® device from Digicel
--
Mobile: +509-37-26 91 54, Skype/GoogleTalk: jhelleranta

-----Original Message-----
From: "Pekka Sarkola" <pekka.sarkola at gispo.fi>
Date: Wed, 4 Jul 2012 10:15:05 
To: 'Licensing and other legal discussions.'<legal-talk at openstreetmap.org>
Reply-To: pekka.sarkola at gispo.fi, "Licensing and other legal discussions."
	<legal-talk at openstreetmap.org>
Subject: Re: [OSM-legal-talk] MoU between OSM and NLSF

Chris, Kate, Paul and Jaakko,

Thanks about your comments. Here is few re-comments:

This is Memorandum of Understanding, not an agreement. I think Wikipedia
(again) explains carefully the differences between MoU and an agreement:
http://en.wikipedia.org/wiki/Memorandum_of_understanding. This could be also
Gentlemen's Agreement, maybe.

NLSF's Open Data License is more free than OSM licenses (CC-BY-SA or ODBl):
http://www.maanmittauslaitos.fi/en/NLS_open_data_licence_version1_20120501.
Some Finnish OSMers has been worried about last item in sectin 2.2: 
"remove the name of the Licensor from the product or service, if required to
do so by the Licensor." and some has been worried about other things in the
license. So, this is maybe more for OSMers (OpenStreetMap Foundation,
community, contributors and other fellows) to clarify the situation.

Signing of the MoU: I thought that this won't be officially signed document.
Easier to NLSF, they just can send email. It will be impossible to get
signature of OSMers for this MoU. 

Tying mapper hands: I don't understand this. How? If I (as OSMer) will make
guidelines, all necessary "mandations" is done by all OSMers. Other mappers
will follow guideline or not: this just normal procedure in OSM world,
right?

Dangerous precedent: I don't understand this. I think more and more
government data will be open in the future. In some areas it is very
valuable to OSMers to benefit those data sources. I hope this will also help
other agencies to open their topographic datasets. Did I miss something?

Requirements of MoU: I see only one requirement: preparing guideline. I will
do that. Do you see other requirements in this MoU for OSMers?

Contract: this is not contract, this is Memorandum of Understanding. There
is big difference between those.

This MoU is more for OSMers than NLSF. As Jaakko mention, this could be
titles as "License clarification". But this is not license clarification,
because we didn't take any lines about licenses into this MoU. NLSF's
license is more free than OSM licenses. So, we just need to attribute them
in our wiki pages. And this MoU just clarifies that. 

I pick this title "Memorandum of Understanding", because it's widely known
term and make sense about spirit of the document. I'm open to change title
of the document, if you have good one.

Rgs,

Pekka


---- Pekka Sarkola – pekka.sarkola at gispo.fi – www.gispo.fi ----


-----Original Message-----
From: Chris Hill [mailto:osm at raggedred.net] 
Sent: 3. heinäkuuta 2012 20:51
To: pekka.sarkola at gispo.fi; Licensing and other legal discussions.
Subject: Re: [OSM-legal-talk] MoU between OSM and NLSF

On 03/07/12 17:02, Pekka Sarkola wrote:
> Dear Friends,
>
> I have prepared with National Land Survey of Finland Memorandum of 
> Understanding (MoU) about usage of their datasets by OpenStreetMap 
> activists. Hare is current draft text for everybody to comment:
>
> ----
> Memorandum of Understanding
>
> This Memorandum of Understanding (hereinafter “MoU”) is between the 
> National Land Survey of Finland (hereinafter NLSF) and OpenStreetMap 
> contributors (hereinafter OSM).
>
> Background
> NLSF started to use a new Open Data License for their topographic 
> information datasets (hereinafter Data) on 1st of May 2012. NLSF’s 
> Open Data License grants a worldwide, free of charge and irrevocable 
> parallel right of use to open data. This MoU clarifies how Data can be 
> used when OSM are collecting data to be part of OpenStreetMap database.
>
> Usage of NLSF’s data
> NLSF data can be used at least two (2) ways by OSM:
> - As reference data: NLSF Data can be used as reference data. For 
> example NLSF’s raster maps or aerial photographs can used as source 
> data when OSM databases are digitized, corrected, validated or in any
other way.
> - As import source: NLSF Data can be imported to be an integral part 
> of OpenStreetMap database.
>
> Attribution
> OSM will add NLSF’s contribution to OpenStreetMap wiki pages as follows:
>
>    Finland
>      National Land Survey of Finland
>        Contains data from National Land Survey of Finland Topographic 
> Database and other sources,
>        data extractions started on 05/2012. More specific data sources 
> and data extraction dates are
>        documented as part of data and in OSM wiki pages
>
> OSM are preparing guidelines for all OpenStreetMap data collectors on 
> how to include necessary tag-information for the OpenStreetMap data
features.
> ----
>
> Reasons to make this kind of MoU:
> - Common understanding among OSMers what can and what cannot do with 
> NLSF datasets
> - Clarify OSMers goals for NLSF when using their datasets
>
> Some people may say that we don't even need this kind of MoU. IMHO: 
> maybe it's better to have something than nothing.
>
> However, all comments are welcome!
>
If the data is licensed in an open way, you don't need this agreement. 
You are tying mapper hands with this agreement and it is, IMO, completely
unacceptable.

Who will sign this on behalf of OSM? What authority would this person have?

This sets a dangerous precedent that I strongly oppose it.

--
Cheers, Chris
user: chillly



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