Massive license violation on content used from Wikitravel
Offbeat Guides is using content from Wikitravel (http://wikitravel.org/). All material in Wikitravel is licensed under the Creative Commons Attribution-ShareAlike 1.0 License (http://creativecommons.org/licenses/b...), which requires that: "You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work)", and that "If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one."
I created a test guide on your site for London. The text was taken word-for-word from the Wikitravel article "London" (http://wikitravel.org/en/London) - "Noisy, vibrant and truly multicultural, London is a megalopolis of people, ideas and energy...." Yet I was not able to find a single attribution to the source of the material, still less any reference to the license that the material is offered under.
As if that was not bad enough, your Terms of Service (http://www.offbeatguides.com/tos) state:
"All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Offbeat Guides or its content suppliers and protected by United States and international copyright laws.... Offbeat Guides grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Offbeat Guides. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Offbeat Guides "
This is not only flat out wrong, but it is outright theft of the hard work of the many contributors of Wikitravel, who produced it as a FREE CONTENT resource.
I am not a lawyer, but I know enough to tell you that you are in serious violation of the license of Wikitravel's content, and that you have two choices: either radically modify your site and ToS to both attribute the content and show how it is licensed; or remove it in its entirety. The ball is now in your court.
I have sent this to Evan Prodromou, the creator of Wikitravel, who will no doubt be in touch with you in due course.
I created a test guide on your site for London. The text was taken word-for-word from the Wikitravel article "London" (http://wikitravel.org/en/London) - "Noisy, vibrant and truly multicultural, London is a megalopolis of people, ideas and energy...." Yet I was not able to find a single attribution to the source of the material, still less any reference to the license that the material is offered under.
As if that was not bad enough, your Terms of Service (http://www.offbeatguides.com/tos) state:
"All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Offbeat Guides or its content suppliers and protected by United States and international copyright laws.... Offbeat Guides grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Offbeat Guides. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Offbeat Guides "
This is not only flat out wrong, but it is outright theft of the hard work of the many contributors of Wikitravel, who produced it as a FREE CONTENT resource.
I am not a lawyer, but I know enough to tell you that you are in serious violation of the license of Wikitravel's content, and that you have two choices: either radically modify your site and ToS to both attribute the content and show how it is licensed; or remove it in its entirety. The ball is now in your court.
I have sent this to Evan Prodromou, the creator of Wikitravel, who will no doubt be in touch with you in due course.
1
person has this problem
I have this problem, too!
Tell me when someone solves it.
The more people who report this problem, the more it gets noticed.
The more people who report this problem, the more it gets noticed.
The company has a solution in progress.
The best solutions from the company
-
Great! All of the changes that we discussed are now live on the site. Many thanks for your feedback and comments!
Dave
I’m thankful for your great question
The company and 1 other person say
this solves the problem
-
Hi Earle,
I took a look at the London guide in preview (in the browser) and as an A4 PDF and the References chapter is showing up for me.
HTML Preview: http://www.offbeatguides.com/destinat...
PDF: http://printer.offbeatguides.com/pdfs...
When you're looking at the HTML preview, it's right at the end of the list on the left and lists all of the Wikitravel and Wikipedia (and other sources) that we used in that particular guide.
If you're looking at the PDF, go to page 73 (toward the end of the book, before the notes pages) and the same References chapter is included.
If you send me a link to the guide that didn't seem to have a References chapter, I will take a look and investigate right away. I also invite you to send me an email directly at eric at offbeatguides dot com so we can figure this out.
Thank you very much for pointing out a potential problem. We are in no way looking to violate anyone's licensing, especially Evan and the great Wikitravel gang!
The company says
this solves the problem
Create a customer community for your own organization
Plans starting at $19/month
-
Inappropriate?Hi Earle,
I took a look at the London guide in preview (in the browser) and as an A4 PDF and the References chapter is showing up for me.
HTML Preview: http://www.offbeatguides.com/destinat...
PDF: http://printer.offbeatguides.com/pdfs...
When you're looking at the HTML preview, it's right at the end of the list on the left and lists all of the Wikitravel and Wikipedia (and other sources) that we used in that particular guide.
If you're looking at the PDF, go to page 73 (toward the end of the book, before the notes pages) and the same References chapter is included.
If you send me a link to the guide that didn't seem to have a References chapter, I will take a look and investigate right away. I also invite you to send me an email directly at eric at offbeatguides dot com so we can figure this out.
Thank you very much for pointing out a potential problem. We are in no way looking to violate anyone's licensing, especially Evan and the great Wikitravel gang!
The company says
this solves the problem
-
Inappropriate?Hi Eric, thanks for your quick response on this. Thank you also for the invitation to email, but I prefer to discuss this here where others than me, who may well be better-informed than I am.
Regarding your "references" section, that's not quite enough to satisfy the licensing requirements. Please take a look at http://wikitravel.org/shared/How_to_r... , which notes "A link back is not a substitute for following the terms of the license." It's also possible for your users to not include the references section at all, which I suspect will be the case for many users; I wouldn't have much use for a sheet full of URLs on most vacations.
A list of URLs is also fairly cumbersome. I would suggest that you include something along the following lines in your output, in a non-optional (this is important) section:
"This guide includes text from the Wikitravel articles London, London/Central, London/West End, London/Chinatown, London/Covent Garden, London/Leicester Square, London/Oxford Street, London/Soho, London/Trafalgar Square, London/Bloomsbury, London/Clerkenwell, London/City of London, London/Holborn, London/Marylebone, London/Mayfair, London/South Bank, London/West, and London/North West, all available at http://wikitravel.org/ . A list of contributors to the text is available from each article. This text is made available to you under the terms of the Creative Commons Attribution-ShareAlike 1.0 Generic License (http://creativecommons.org/licenses/b...)."
You also need to include a URL to the license for the cover image that you've used, which in this case is the Creative Commons Attribution-No Derivative Works 2.0 Generic License (http://creativecommons.org/licenses/b...). At the very least, you are mandated to mention what it is licensed under.
This would, to my knowledge, satisfy the attribution requirements. Howver, it would still not resolve the issue I referred to with your Terms of Service, which are in direct conflict with the Wikitravel license terms, and must be changed. I notice also that page 2 of the PDF preview you linked to says "Copyright © 2008, Offbeat Guides", which is also incorrect - neither the textual nor photographic content of your guide fall under your copyright. To know precisely what is, I would suggest that you seek the services of a legal professional skilled in intellectual property issues. I notice also that you have included images from Google Maps, which, according to their Terms of Service (http://www.google.com/intl/en_uk/help...), may not be commercially redistributed by business users. Again, I am not a lawyer, and I would suggest that you have yours consider this.
Thank you for your time.
I’m glad we are discussing the matter.
-
Inappropriate?Earle,
Thanks for spending time on this and giving us some advice on suggested methods of attribution. Making sure that we are following both the letter and the spirit of the license is very important to us at Offbeat Guides, and it has always been our intent to do the right thing and give proper attribution, and to share changes and improvements with the rest of the wikitravel community. We currently have 3 people whose jobs include editing, curating, and improving Wikitravel articles, for example.
The References section is non-optional, and we're going to make sure that there is no checkbox on that area in the web interface - rest assured that it shows up on the web site, in the PDFs and in the printed books, no matter what is clicked on today, but we will make sure to fix the bug in the web interface to emphasize the fact that this is a non-optional section.
I like your suggestion of wording of the attribution paragraph - our goal has always been to provide references to make it easy for people to find their way back Wikitravel for the articles we use, so we'll make some changes in the next release cycle to revise the way we provide attribution. Your mention of the specific CC license text is also correct, we'll add that in.
Our lawyers are revising the ToS to make sure that we're much clearer about the language we use, and the copyright we assert. Please note that the guides are covered under Copyright, in particular as a collection. As such, it is entirely appropriate to have the copyright mark in our Terms of Service, while still respecting the individual copyrights of the authors of the various parts of our books.
With regards to maps and other items in our books, we have separate, private relationships with various vendors and providers of proprietary information as well, so while I appreciate your concern, we are working directly with our partners on these matters.
Thanks for your concern and your great suggestions!
Dave
I’m happy to get your feedback
2 people say
this solves the problem
-
Inappropriate?Great! All of the changes that we discussed are now live on the site. Many thanks for your feedback and comments!
Dave
I’m thankful for your great question
The company and 1 other person say
this solves the problem
Loading Profile...




EMPLOYEE
EMPLOYEE