Wikidata:Requests for permissions/Bot/MagulBot 3

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The following discussion is closed. Please do not modify it. Subsequent comments should be made in a new section. A summary of the conclusions reached follows.
 Not done: @Magul: Stale for 3 months. Reopen if coming back.--GZWDer (talk) 05:31, 8 March 2014 (UTC)[reply]

MagulBot 3

[edit]

MagulBot (talk • contribs • new items • new lexemes • SUL • Block log • User rights log • User rights • xtools)
Operator: Magul (talk • contribs • logs)

Task/s: Adding globe-coordinate data for municipalities of Spain

Function details: Origin source of data - http://nominatim.openstreetmap.org --Magul (talk) 08:11, 16 July 2013 (UTC)[reply]

This request could be archived, because this task has been done already.--Magul (talk) 13:04, 16 July 2013 (UTC)[reply]

I see that this task is done. I do have some concern that OSM data is licensed under the w:Open Database License (with a share-alike type provision) while Wikidata is public domain (hence loses share-alike provision). Then again, database rights don't apply in the US (for Wikidata) so perhaps it's okay? I don't fully understand what is okay to do under the license and whatnot, but think it's at least a gray area to be importing OSM data into Wikidata. Aude (talk) 05:48, 17 July 2013 (UTC)[reply]
If we will take that point of view we have serious issue - AFAIR every major wikipedia has other licence than wikidata, so every import from wikipedia has possibility of copyright violation. Moreover I'm right now uploading alcaldes of municipalities of Spain, where my source is https://ssweb.mpt.es/portalEELL/consulta_alcaldes and there is copyright statement, but I believe, that they are all in public domain. --Magul (talk) 08:13, 17 July 2013 (UTC)[reply]
There are subtle differences with wikipedia, which has a creative commons (3.0 share-alike) license. copyright != database rights. OSM's license covers database rights and creative commons does not cover database rights. Creative Commons covers the creative, copyrightable part.
The information from wikipedia going into Wikidata is non-copyrightable facts and we don't care about Wikipedia database rights (don't apply). Important to note that way of thinking is the American way of thinking and way that U.S. law is, and Wikipedia and Wikidata are hosted in the US .
For OSM, it's hosted and based in the UK where they do have database rights and the ODBL license that OSM uses covers that. As far as Wikidata is concerned, it can be argued that the OSM coordinates are just facts (they are!) and not copyrightable (ODBL doesn't really cover copyright). At the same time, by importing OSM data, we are still violating the ODBL license. Legally and technically (in the US), using the data in Wikidata might be "okay" (I am not sure!) but do we want to be disregarding the license? I really don't think we should do that. Aude (talk) 05:14, 18 July 2013 (UTC) (btw, me speaking as wikidata community member)[reply]
Sounds like a question to the Legal.--Ymblanter (talk) 08:14, 18 July 2013 (UTC)[reply]
I'm not a layer of any kind, but I've just checked ODC Open Database License and I guess, the sittuation we are talking about is not creating Derivative Database, but Produced Work (just text, that contain geo-coordinate), and incorporate in in our database. So if I'm right we should just add a statement for every Produced Work, like it's advised in section 4.3 in licence.
BTW I think, it's not technical issue of this particural bot (finished) task and because it's important legal matter, it should be discussed on more crowded place (e.g. Wikidata:Project chat) --Magul (talk) 09:16, 19 July 2013 (UTC)[reply]
Well I tried raising the issue at the Project Chat but no one noticed. :-) Pichpich (talk) 03:58, 23 July 2013 (UTC)[reply]
Thanks for it. Mayby nobody have valuable input and we should ask legal team, as You proposed? --Magul (talk) 07:34, 23 July 2013 (UTC)[reply]
I've asked the WMF legal team to look into the issue. Hopefully, they will. Pichpich (talk) 17:57, 23 July 2013 (UTC)[reply]
Thanks! these are complicated questions that I don't feel qualified to answer, other than to say it's a gray area that makes me nervous. I hope it is okay to use OSM data here. Aude (talk) 20:15, 23 July 2013 (UTC)[reply]
m:Wikilegal/Database Rights has been published. I haven't read through it (quickly skimmed it), but is this ok to go ahead with? Legoktm (talk) 18:32, 21 November 2013 (UTC)[reply]
@Magul, Pichpich:? Legoktm (talk) 07:34, 6 December 2013 (UTC)[reply]
@Legoktm: Sorry for so late response. First of all it looks that there is fuzy dinstinction in the meaning of copyrights and database righs. I don't know, how public domain works with licence under which is OSM, but it looks that if we are not copatible with this licence, there's no possibility to import data from OSM to wikidata (cause it has been done using bot and For EU databases, bots or other automated ways of extracting data should also be avoided because of the Directive’s prohibition on “repeated and systematic extraction” of even insubstantial amounts of data). I'm also worried about list of Spanish alcaides, areas and populations of Spanish communities (in the meaing of my work here) and generaly aobut every data imported here from any source (cause AFAIK even wikipedias don't have clear database rigths). --Magul (talk) 22:39, 10 December 2013 (UTC)[reply]
The above discussion is preserved as an archive. Please do not modify it. Subsequent comments should be made in a new section.
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