[OSM-legal-talk] Transformed OSM data and CC-BY-SA

Thu Nov 8 15:05:41 GMT 2007

> Date: Wed, 07 Nov 2007 22:28:53 +0100
> From: Henk Hoff <osm at toffehoff.nl>
> Subject: [OSM-legal-talk] Transformed OSM data and CC-BY-SA
> To: legal-talk at openstreetmap.org
> Message-ID: <47322E15.5090706 at toffehoff.nl>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
> 
> I'm talking with a local Dutch company specialized in GPS-equipment.
> They are interested in using OSM data on mainstream GPS-devices. (Just
> in case: no, the company's name is not TomTom ...).
> 
> During the meeting we stumbled across an issue on the licensing. Let's
> say: a company would use the OSM data, transform it to a proprietary
> format that can be used by specifiek GPS-devices. Is that company
> allowed to sell that product without having to release it in public
> (under the CC-BY-SA license)?
> 
> Just to make clear: they are willing to donate data and promote OSM etc
> etc. No problems here. We're only talking about the same data, but in a
> different format.
> 

My clear understanding is that the combined product would be a 'collective
work' and therefore only the OSM element is covered by CC-BY-SA. To quote:

"Collective Work" means a work, such as a periodical issue, anthology or
encyclopedia, in which the Work in its entirety in unmodified form, along
with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that
constitutes a Collective Work will not be considered a Derivative Work (as
defined below) for the purposes of this License."

It seems clear to be that the GPS product is 'another contribution
continuting separate and independent works in themselves'

If they don't want to use the OSM data 'entirely in unmodified form' then
they may need to take a 'cut' of OSM data,  and release this as a Derived
Work under CC-BY-SA, and then use that element within the Collective Work
(ie GPS receiver). Personally I suggest the interpretation of 'in its
entirety and in unmodified form' we should use is that the content of the
file is no adjusted (adding Ways, moving nodes etc) but that changing the
format from XML to binary does not stop it being 'in unmodified form'. Any
thoughts on that one?

By way of contrast

"Derivative Work" means a work based upon the Work or upon the Work and
other pre-existing works, such as a translation, musical arrangement,
dramatization, fictionalization, motion picture version, sound recording,
art reproduction, abridgment, condensation, or any other form in which the
Work may be recast, transformed, or adapted [.... it then goes on the
contrast this with a collective work '

So if someone wants to take a cut of OSM to fill in gaps in a commercial
road/footway dataset then I would read this as 'a work based upon the work
or upon the Work and other pre-existing works' and therefore the resulting
work would need to be released CC-BY-SA.

Regards,

Peter

> -----Original Message-----
> From: legal-talk-bounces at openstreetmap.org [mailto:legal-talk-
> bounces at openstreetmap.org] On Behalf Of legal-talk-
> request at openstreetmap.org
> Sent: 08 November 2007 12:00
> To: legal-talk at openstreetmap.org
> Subject: legal-talk Digest, Vol 15, Issue 3
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> Today's Topics:
> 
>    1. Transformed OSM data and CC-BY-SA (Henk Hoff)
>    2. Re: Transformed OSM data and CC-BY-SA (Rob Myers)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Wed, 07 Nov 2007 22:28:53 +0100
> From: Henk Hoff <osm at toffehoff.nl>
> Subject: [OSM-legal-talk] Transformed OSM data and CC-BY-SA
> To: legal-talk at openstreetmap.org
> Message-ID: <47322E15.5090706 at toffehoff.nl>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
> 
> I'm talking with a local Dutch company specialized in GPS-equipment.
> They are interested in using OSM data on mainstream GPS-devices. (Just
> in case: no, the company's name is not TomTom ...).
> 
> During the meeting we stumbled across an issue on the licensing. Let's
> say: a company would use the OSM data, transform it to a proprietary
> format that can be used by specifiek GPS-devices. Is that company
> allowed to sell that product without having to release it in public
> (under the CC-BY-SA license)?
> 
> Just to make clear: they are willing to donate data and promote OSM etc
> etc. No problems here. We're only talking about the same data, but in a
> different format.
> 
> Cheers!
> Henk Hoff
> 
> 
> 
> ------------------------------
> 
> Message: 2
> Date: Thu, 08 Nov 2007 08:21:52 +0000
> From: Rob Myers <rob at robmyers.org>
> Subject: Re: [OSM-legal-talk] Transformed OSM data and CC-BY-SA
> To: "Licensing and other legal discussions."
> 	<legal-talk at openstreetmap.org>
> Message-ID: <4732C720.1030909 at robmyers.org>
> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
> 
> I Am Not A Lawyer, This Is Not Legal Advice.
> 
> Henk Hoff wrote:
> > I'm talking with a local Dutch company specialized in GPS-equipment.
> > They are interested in using OSM data on mainstream GPS-devices. (Just
> > in case: no, the company's name is not TomTom ...).
> 
> :-)
> 
> > During the meeting we stumbled across an issue on the licensing. Let's
> > say: a company would use the OSM data, transform it to a proprietary
> > format that can be used by specifiek GPS-devices. Is that company
> > allowed to sell that product without having to release it in public
> > (under the CC-BY-SA license)?
> 
> If the product is the data or the data with additional software then no.
> The data must still be BY-SA (the software needn't be). They can charge
> for it on CD, they don't have to put it on a public web server or
> anything, but they cannot stop people copying the data from the CD once
> someone has paid for it.
> 
> If the format counts as "technological measures" then this will break
> the licence, but I don't know whether simple proprietary-ness is enough
> to do this.
> 
> If the product is a piece of hardware with the data pre-installed then I
> don't know. They really would need to ask a lawyer. The cc-licenses list
> might know.
> 
> One thing that may be worth pointing out is that they don't have to
> release their formatted version of the data to the public for free. They
> can charge for it on a CD as the only way of receiving it from them. But
> they can't stop anyone copying the data from a paid CD and giving it to
> their friends.
> 
> > Just to make clear: they are willing to donate data and promote OSM etc
> > etc. No problems here. We're only talking about the same data, but in a
> > different format.
> 
> The issue from the point of view of the licence is whether users
> continue to receive the data under the same licence. Changing the format
> doesn't affect this requirement. A piece of read-only hardware may
> change it in practice (think iPod) but only once the data is on it.
> 
> So: They have to distribute the data BY-SA but they can charge for
> distribution, they just can't stop people copying it. If they distribute
> the GPS devices with the data already on then I don't know what the
> issues are.
> 
> You might like to ask the cc-licences list:
> 
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
> 
> - Rob.
> 
> 
> 
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> End of legal-talk Digest, Vol 15, Issue 3
> *****************************************