[OSM-legal-talk] The big license debate - WHAT are we licensing?

[Mike Collinson]

I've often seen the word "maps" used in licensing-related emails but 
feel it is being used ambivalently.  It would be good to define 
actually WHAT is being licensed. It might restructure and indeed 
simplify debate greatly, at least to the point where simple legal 
questions can be asked where the answer is not "it depends".

 From what is contentious, I identify three very different elements 
and attach at the bottom some Sept 2006 notes a more exhaustive list.

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(1) Geodata - OSM nodes, segments, ways and the annotation that goes 
with them that is uploaded into OSM's database and can be retrieved 
as .osm files.

This is database not a map, yes?  If so, don't we move onto much 
better mapped ground legally (pardon the pun)?

(2) Maps as image files or hard printed, created exclusively using 
automated programs such as osmarender or mapnik.

I suggest (rather than take the position) that these are simply not 
worth protecting directly. Attribution may be an exception.

Because:

I can retrieve OSM geodata, put it on my hardisk and then run a 
program to create a map myself, so its mine, mine, mine, yes?  Of 
course, I have to abide by any strictures placed by the particular 
software program AND BY THE DATA I use.  So again it is the geodata 
that is important.

(3) Maps as image files or hard printed created material where the 
creation process has some manual input.

I.e. someone has taken care to produce a beautiful map with bespoke 
programming, Photoshop touch-up or other individual processes.  [aka 
Where's my Rotring?]

One thing to consider here is that as these will be the works of 
specific individuals or small groups; it might be most simple to 
leave license up to them AS LONG AS DATA USE PROVISIONS ARE OBSERVED 
(so its the geodata again).  As an otherwise rabid "attribute at max" 
guy, I could live with that.  I envision the OSM website having a 
large catalogue of special rendered maps for people to 
download.  While it would be nice to have across-the-board license 
terms like Getty Images, it is not a giant step to either support or 
to click the link and check the conditions.

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You can see where I'm going personally - the only important thing for 
OSM to consider how to license is a generic database of information - 
but the discussion may take other turns.

Comments?

Mike
Manila




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FYI, My previous notes:

() OSM's  Intellectual Property (IP) consists or potentially consists 
of the following categories, each of which have different licensing 
issues.  ("IP" is used in the broadest sense, a lawyer might argue!) 
(mar 2007: It is also unclear what "OSM" is. Is it the OSM 
Foundation? Is it the specific contributor of particular item, for 
example a node? Is it the contributors collectively?)

a) GPX track logs that have been uploaded in to OSM's database. 
Contributor's currently have the option of marking them 'public' or private.

http://wiki.openstreetmap.org/index.php/OpenStreetMap_License 
"OpenStreetMap data can be used freely under the terms of the 
Creative Commons Attribution-ShareAlike 2.0 license"
http://creativecommons.org/licenses/by-sa/2.0/

b) OSM nodes, segments, ways and the annotation that goes with them 
that is uploaded into OSM's database.

"OpenStreetMap data can be used freely under the terms of the 
Creative Commons Attribution-ShareAlike 2.0 license"

c) Renderings (i.e. viewable maps) and/or rendering configuration 
files made by OSM officers or automatically by OSM servers or by OSM 
contributors and expressly contributed to OSM.

Not clear how or if this is covered? Is it "data"?

d) The OSM XML schema for supporting nodes, segments, ways and any 
similar standards as may be published by OSM from time to time. 
Evolving de-facto standards, such as the "Map Features" page in the Wiki.

Not clear how or if this is covered?

e) The known-how and configuration that goes into creating OSM's 
online hardware/software system for collecting and disseminating the 
contributions and any derived works (e.g. the slippy map).  The 
(REST?) API for communicating with that system.

Not clear how or if this is covered?

f) Expressly contributed computer software for the generic editing of 
data and making maps.

http://wiki.openstreetmap.org/index.php/OpenStreetMap_License 
"OpenStreetMap software is licensed under the GNU GPL"

g) General text and images contributed to OSM's community knowledge 
base, i.e. the Wiki.

Not clear how or if this is covered?