[HOT] Non-Commercial Licenses

Jaakko Helleranta.com jaakko at helleranta.com
Tue Apr 8 19:04:28 UTC 2014

Hi all,

It's clear that any data that anyone desires to add to OSM must be
available with a license that doesn't restrict commercial use. That's not
where the point is here.

But what's interesting in the German court ruling -- which seems to me to
be for example stricter (to my understanding) than the Creative Commons'
(the organization's) interpretation of the NC clause of the CC licenses --
is that it would indeed seem to rule (practically?) all but personal use
out of the appropriate use of content with non-commercial clause.

And this is in conflict with so many "established" uses of the NC clause
(including humanitarian and other NGOs and a huge range of educational
uses, etc, etc) that it will be interesting to see if this has an impact to
those -- and if/when we'll see more legal cases in this field?

As a possible positive outcome of this (for OSM) it could happen that some
of the established NC-users might re-evaluate their licene and NC clauses
might loose popularity. Since the NC clause also requires sharing alike
(for the NC clause to not get lost) this could mean more potential data for
OSM as well as more potential (integrated) uses for OSM data (as taking out
the NC would in principle make the licenses "attribution--share-alike" what
OdBL is at heart..).


jaakko at helleranta.com * Skype: jhelleranta * Mobile: +505-8845-3391 (Nicaragua)
* Voice(mail) / SMS / What's app: +1-202-730-9778 * http://about.me/jaakkoh

On Tue, Apr 8, 2014 at 2:32 PM, Peter Wendorff <wendorff at uni-paderborn.de>wrote:

> Hi,
> even if it would not be restricted to personal use, any data that is put
> to OSM has to be under a license that allows commercial use, too.
> HOT has a special purpose, but as long as it's data is living in OSM,
> that data may be used for commercial purposes as well and therefore data
> sources used by the HOT members have to be valid under the OSM umbrella
> as well which contains nearly unlimited commercial use as well.
> IMHO - although I'm not a lawyer - the court decision you refer to is
> out of scope here, even a very liberal view of "non-commercial" is too
> restrictive for OSM.
> regards
> Peter
> Am 08.04.2014 19:54, schrieb Kate Chapman:
> > It was mentioned earlier about how some groups, especially
> > humanitarian groups often choose to use non-commercial licenses on
> > their data. This of course causing an incompatibility with OSM.
> >
> > There recently was a court ruling in Germany that decided that
> > Non-Commercial is only for personal use(1). This would mean that NC
> > licenses are not appropriate for humanitarian data. It will be
> > interesting to see if there are further court rulings.
> >
> > -Kate
> >
> >
> https://www.techdirt.com/articles/20140326/11405526695/german-court-says-creative-commons-non-commercial-licenses-must-be-purely-personal-use.shtml
> >
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> > https://lists.openstreetmap.org/listinfo/hot
> >
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