[OSM-legal-talk] Progressing OSM to a new data Licence regime

[Nick Black]

On Feb 4, 2008 11:41 AM, Tom Hughes <tom at compton.nu> wrote:
> In message <73c11890802040331y41e98882i9f41abdc15a6526c at mail.gmail.com>
>         tim <chippy2005 at gmail.com> wrote:
>
> > If I distribute web mapping of my special company data and OSM, I
> > don't have to give my data back to OSM, right? In other words, there's
> > no requirement to distribute, but also, if the map images are
> > distributed, then it doesn't have to be under the same licence.
>
> Well if you distribute the result as a database then that is a
> derived database and you need to license it on the same terms
> as I read things.
>
> The wiki also implies that OSMF intends to ask for a Mozilla style
> clause to make you actually offer the data back to us - at least
> that is what I think it is saying. I'm not at all sure that is a
> good idea though.
>
> The wiki also says that a cartographer producing maps would need
> to give their data back, but I don't see that in the license unless
> they ship that map as a database rather than as a rendering. Especially
> as the wiki then implies that "artistic cartography" doesn't have to
> be contributed back.
>
> > If I zip up the shapefiles used, and put them on my server for folks
> > to download, then these would come under the same licence and be able
> > for OSM to benefit from them?
>
> I believe so, yes. A shapefile would be a derived database and hence
> would have to be licensed on the same terms I believe.
>
> > How about putting my propriety data and OSM together locked within an
> > in-car sat nav system. Would this be classed as distribution of the
> > database? What should my company do in this case?
>
> Clearly that is distribution of the database so 4.6(b) would require
> you to make an unrestricted version available.

Unless it becomes a Collective Database, in which case the share-alike
clauses (4.4) do not apply.  From my reading of the license, it looks
like a lot of use cases will hinge on an interpretation of a
Collective Database.  So if I take TIGER, some of my own GPS points
and some OSM data, put them into a Shapefile and distribute them, then
share-alike does not apply.  4.6b also does not apply to a Collective
Database.



>
> Tom
>
> --
> Tom Hughes (tom at compton.nu)
> http://www.compton.nu/
>
>
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-- 
Nick Black
--------------------------------
http://www.blacksworld.net