[OSM-legal-talk] Using a WMS imagery with CC-BY4.0

Kate Chapman kate at maploser.com
Mon Jul 13 21:46:19 UTC 2015


Hi Ivan,

I would suggest getting in touch with Humanitarian OpenStreetMap Team
Indonesia. They could probably help in facilitate of permission.

team.id at hotosm.org is the best way to reach them.

Best,

-Kate

On Mon, Jul 13, 2015 at 7:34 AM, Ivan Garcia <capiscuas at gmail.com> wrote:

> Thanks a lot for the answer Simon, really complete.
>
> Ivan.
>
> On Mon, Jul 13, 2015 at 6:31 PM, Simon Poole <simon at poole.ch> wrote:
>
>> In general the CC-by licences require downstream attribution that we
>> can't provide for any sensible meaning of the word, so you will need
>> specific permission in any case, the other part is that the 4.0 licences
>> try to cater for sui generis databases and, IMHO-only, that comes out
>> rather wrong.
>>
>> What complicates your specific case even more is that you will find a
>> wide range of opinions on if tracing from imagery even creates a
>> derivative work (which you need to square with national regulations and
>> case law).
>>
>> The best action is to sidestep the above mentioned can of worms and try
>> and get explicit permission, preferably with
>>
>> http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
>> (the first two letter templates are missing some key points IMHO and
>> while simpler are probably not really enough).
>>
>> Note the letter would need some adaptation in your case since we are
>> referring to data derived from the imagery, not the imagery itself.
>>
>> Simon
>>
>> Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
>> > Hi Simon. Thanks for the answer.
>> >
>> > Just an extra quesiton, doesn't a CC-BY license already allows
>> > derivative work of any kind as long as the author is mentioned? Why
>> > would an extra permission for that be required?
>> >
>> > Best Regards.
>> > Ivan.
>> >
>> > On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole <simon at poole.ch
>> > <mailto:simon at poole.ch>> wrote:
>> >
>> >     Ivan
>> >
>> >     The problem is that it is a legal can of worms. I would suggest
>> simply
>> >     asking for explicit permission, or at least formal confirmation that
>> >     tracing from the imagery does not create a derivative work and that
>> the
>> >     government has no rights in such vectorized data.
>> >
>> >     It is, as you may have seen from previous discussions, not clear if
>> the
>> >     CC 4.0 licences are compatible (with the exception of CC0 naturally)
>> >     with the ODbL and this is likely not an issue that will be resolved
>> >     short term.
>> >
>> >     Simon
>> >
>> >     Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
>> >     > Hi everybody,
>> >     > the government of Indonesia recently opened a Open Data portal
>> >     > http://data.go.id/ offering some official WMS imagery under
>> CC-BY 4.0
>> >     > license.
>> >     >
>> >     > Would that license be enought to be used under JOSM to trace ways
>> and
>> >     > POIs for OSM?
>> >     >
>> >     > Thanks in advance.
>> >     > Ivan.
>> >     >
>> >     >
>> >     > _______________________________________________
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>> >     > legal-talk at openstreetmap.org <mailto:legal-talk at openstreetmap.org
>> >
>> >     > https://lists.openstreetmap.org/listinfo/legal-talk
>> >     >
>> >
>> >
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>> >
>>
>>
>
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