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Re: [mb-experts] Web service: We need to adopt a ToS Robert Kaye Fri Aug 11 21:13:54 2006

On Jan 8, 2006, at 1:55 PM, Don Redman wrote:

I have reread the second blogpost and all the comments, and I must say, that I am completely confused:

What do the ToS apply to: The data, the service, or the software using it?

Not the data in general. Only the data returned by the web service. And not the software at all.

The most important thing to remember is that the CC license is the key aspect to all of this. It returns a subset of our data per call; this data is licensed under the CC license. If you read the CC license it will outline what is commercial use, but not specify what is considered non-commercial. If ANY money is involved, you are commercial.

My two clauses that stipulate what applications are considered non- commercial are only a clarification of what we consider to be of non- commercial nature. given that these are causing so much confusion, I'm ready to yank those. This will cause me hassles later when every Tom, Dick and Harry application will come and ask they they are non- commercial because they do not understand the terms of the CC. Fine, if that is what is needed to get this moving forward, then so be it.

If they only apply to the service, as you say they do, then why do they put conditions on the usage of data or even the software?

They only apply to the data returned by the service.

Does the live data feed also encompass the replication feed for servers? Yes or no?

They live data-feed and replication feed for mirrors server is one and the same and COMPLETELY SEPARATE from the web service.

It seems to me that you _mean_ something like this:
The _service_ can be used at no cost, by client applications that use the _data_ in a noncommercial way.

No. The service can be used at no cost. Anyone can connect to it. However, the data can only be used in a non-commercial way. If any kind of compensation, including ads -- even if the ads are displayed on the web site where you download the application, then the application is commercial, and thus the data usage is commercial. Thus they are not allowed to use the data returned by the web service.

Then suddenly you say that _applications_ that are open souce, may use the service for free. However, as the anonymous comment correctly stated, an open source app might very well use the _data_ in a commercial way.

Ok, I'll strike those clauses as stated above. They are only causing confusion.

If the data (of the complete data feed) is CC-by-nc anyway, then why do you need a ToS? IIUC the license of the data states that it must not be used for commercial purposes. Period.

You are confusing the web service with the data feed. The web service returns data chunks that are normally released into the PD. The ToS is necessary to make it clear that you cannot use the web service and assume that the data served by it is in the Public Domain.

I am sory if I am not helpful here, but I am really confused. Maybe you should ask a lawyer to put whatever you mean into words that nobody understands. This way people will not be confused anymore, but just reckon that this is legal stuff they don't dig. :-)

The problem is that I understand it, because I have talked to lawyers about this. I am just not doing a good job in communicating this legal crap to you folks. :-(


--ruaok      Somewhere in Texas a village is *still* missing its idiot.

Robert Kaye     --     [EMAIL PROTECTED]     --    http://mayhem-chaos.net

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