Fwd: data release statement

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Fwd: data release statement

Stefan Baebler
Hi!

Since legal-talk@ list is busy discussing new licensing options I'd
like to hear your opinion about importing a dataset into OSM.

Namely I'm interested in:
- what legal precausions (if any) should be taken when importing data into OSM?
- how was this dealt with previously donated data? (AND etc)

Read my monologue (so far) bellow (in chronological order).
thanks /Stefan

On Wed, Jan 21, 2009 at 8:31 PM, Stefan Baebler
<[hidden email]> wrote:

> Hi!
>
> We, the OSM community in Slovenia are in talks with a local company
> GlobalVision [1] that is willing to donate some of their data (mostly
> POIs) to the OSM project. And we have some legal questions for you.
>
> If we do accept their data, how can we be sure that they have all the
> rights to donate it (as they are claiming and probably also is the
> case). We would like to avoid any chance of legal troubles to come
> haunting us after some time. Questionable data could easily be removed
> (source tag, dedicated import user), but old planets are being mirrored
> and distributed so the data would be out there in the wild and cannot be
> erased.
>
> In hypothetical worst case scenario, that the true owner is someone else
> and comes up to us with this issue we'd need some way to turn them (and
> their pack of lawyers) to our source, not us (we'd probably still just
> remove the questionable data to avoid further distribution).
>
> Some kind of a statement from the donor could help, but we're not sure
> what exactly should it contain.
>
> "The company X is hereby donating the dataset of Y map_features to the
> OpenStreetMap project, to be published under CC-BY-SA licence with
> attribution to "X" (in source tag of the data). The company X owns the
> dataset and has all the rights to make this donation."
> (Same in Slovenian and in English)
>
> How was this handled in cases of other such imports (eg. AND data could
> be derived from TeleAtlas or an unlicensed paper map). Is there any
> legal safety net needed?
>
> Data was checked by several most active members of local OSM community
> and we approve the quality. This legal question is the only one bugging
> us. Maybe we are just too paranoid and too strictly following the
> guidelines[2]? Technical part of the import isn't an issue.
>
> Any thoughts?
> Stefan
>
> [1] http://www.globalvision.si
> [2] http://wiki.openstreetmap.org/wiki/Import/Guidelines
>

---------- Forwarded message ----------
From: Stefan Baebler <[hidden email]>
Date: Fri, Jan 23, 2009 at 2:56 PM
Subject: Re: data release statement
To: [hidden email]


Hi again!

Further investigation shows, that they are already publishing same
data (and more)
- with freely (as in beer) downloadable localized (Slovenian) version
of mapyx [1]
- in (payable) Slovenian map packs for mapyx in their store [2]

They want to include OSM support in mapyx (in localized version at
least) so that they could bundle better maps for free with it.

Would it make any legal difference if they perform the actual import
(with our precise instructions and preparing the .osm file) to avoid
all the paperwork?

Is any paperwork required and how was this handled in other, similar situations.

If so, seeing rather high activity towards ODbL relicensing, would it
make sense to specifically mention that one in the donation paper?

Any opinions, hidden dangers...?
Stefan

[1] http://www.mapyx.com/ / http://www.kje.si/
[2] http://www.mapyx.com/index.asp?tn=shop2&c=227 /
http://www.kje.si/index.asp?tn=shop2&c=217

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Re: Fwd: data release statement

Richard Weait
On Thu, 2009-01-29 at 14:59 +0100, Stefan Baebler wrote:

> Hi!
>
> Since legal-talk@ list is busy discussing new licensing options I'd
> like to hear your opinion about importing a dataset into OSM.
>
> Namely I'm interested in:
> - what legal precausions (if any) should be taken when importing data into OSM?
> - how was this dealt with previously donated data? (AND etc)
>
> Read my monologue (so far) bellow (in chronological order).
> thanks /Stefan
>
> On Wed, Jan 21, 2009 at 8:31 PM, Stefan Baebler
> <[hidden email]> wrote:
> > Hi!
> >
> > We, the OSM community in Slovenia are in talks with a local company
> > GlobalVision [1] that is willing to donate some of their data (mostly
> > POIs) to the OSM project. And we have some legal questions for you.
> >
> > If we do accept their data, how can we be sure that they have all the
> > rights to donate it (as they are claiming and probably also is the
> > case). We would like to avoid any chance of legal troubles to come
> > haunting us after some time. Questionable data could easily be removed
> > (source tag, dedicated import user), but old planets are being mirrored
> > and distributed so the data would be out there in the wild and cannot be
> > erased.
> >
> > In hypothetical worst case scenario, that the true owner is someone else
> > and comes up to us with this issue we'd need some way to turn them (and
> > their pack of lawyers) to our source, not us (we'd probably still just
> > remove the questionable data to avoid further distribution).
> >
> > Some kind of a statement from the donor could help, but we're not sure
> > what exactly should it contain.
> >
> > "The company X is hereby donating the dataset of Y map_features to the
> > OpenStreetMap project, to be published under CC-BY-SA licence with
> > attribution to "X" (in source tag of the data). The company X owns the
> > dataset and has all the rights to make this donation."
> > (Same in Slovenian and in English)
> >
> > How was this handled in cases of other such imports (eg. AND data could
> > be derived from TeleAtlas or an unlicensed paper map). Is there any
> > legal safety net needed?
> >
> > Data was checked by several most active members of local OSM community
> > and we approve the quality. This legal question is the only one bugging
> > us. Maybe we are just too paranoid and too strictly following the
> > guidelines[2]? Technical part of the import isn't an issue.
> >
> > Any thoughts?
> > Stefan
> >
> > [1] http://www.globalvision.si
> > [2] http://wiki.openstreetmap.org/wiki/Import/Guidelines
> >
>
> ---------- Forwarded message ----------
> From: Stefan Baebler <[hidden email]>
> Date: Fri, Jan 23, 2009 at 2:56 PM
> Subject: Re: data release statement
> To: [hidden email]
>
>
> Hi again!
>
> Further investigation shows, that they are already publishing same
> data (and more)
> - with freely (as in beer) downloadable localized (Slovenian) version
> of mapyx [1]
> - in (payable) Slovenian map packs for mapyx in their store [2]
>
> They want to include OSM support in mapyx (in localized version at
> least) so that they could bundle better maps for free with it.
>
> Would it make any legal difference if they perform the actual import
> (with our precise instructions and preparing the .osm file) to avoid
> all the paperwork?
>
> Is any paperwork required and how was this handled in other, similar situations.
>
> If so, seeing rather high activity towards ODbL relicensing, would it
> make sense to specifically mention that one in the donation paper?
>
> Any opinions, hidden dangers...?
> Stefan

Dear Stefan,

Congratulations on your work with this data donor.  It sounds like you
have everything that you need for the import.  Previous imports have had
either the donor import the data with OSM community help, or the
community importing directly.  Your suggested agreement text seems
complete.  I think that your suggestion of mentioning ODbL is a very
good idea, as it mirrors our work in the Canadian data
discussion.  ;-)  

Best regards and good luck,
Richard



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