[OSM-legal-talk] OTish: Open Street Map for Free The Postcode

Richard Fairhurst richard at systemeD.net
Mon Jul 30 13:30:02 BST 2007


Minty wrote:

> Is that Okay / Fair Use for FTP?
>
> If I've understood the replies on talk@, then because OSM is CC-BY-SA
> [2], I cannot use it to derive data which I then put into the public
> domain (FTP).
>
> Yes/No/

Short answer:

Don't do it.

Long answer:

The CC-BY-SA/PD incompatibility does indeed exist.

There is a strong argument that the map is protected by database  
right, not copyright. If that's the case, you'd be ok to reference one  
or two points, but not a "substantial" number. (However, if the map is  
indeed protected by database right, then the CC-BY-SA licence is  
invalid. So it's a bit of a moot point.)

If you were to find more than one or two postcodes using Google search  
(again, "substantial"), there might be a case that you're infringing  
on the database right within their search index. As Google is a US  
company, where there is no database right, they may not choose to  
pursue this.

In other words, it's a bit complex and the FTP people would rather you  
didn't add content to their database of questionable legality.  
Instead, use www.npemaps.org.uk to reference positions using  
out-of-copyright maps.

> Anything I can do to improve that?

If you feel strongly, lobby for a licence that suits your needs/views!

cheers
Richard





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