[OSM-legal-talk] hands on commercial applications

Mika Semann Mika.Semann at gmx.de
Fri Jun 20 13:56:12 BST 2008


Dear Iván and all !

thank you so far for your answers. My understanding is now that I can do the following without breaking the OSM licence:

1) extract that data I need from the OSM database (e.g. only motorways in Germany)

2) deliver this data as a separate file (like OSM_Streets.xyz) but already installed on our hardware/software product. Whereas the customer has the possibility to switch this OSM street layer on or off as well as copy/delete the file itself. 

3) make updates of this street data available e.g. via a website. This will be then for free and available for everyone and the data will be under the CC-by-sa licence. The customer can then download this data and load it to his navigation device.

Everyone happy with that ? I am ! 

Thank you and best regards
Mika




-------- Original-Nachricht --------
> Datum: Thu, 19 Jun 2008 17:40:21 +0200
> Von: "Iván Sánchez Ortega" <ivan at sanchezortega.es>
> An: legal-talk at openstreetmap.org
> CC: "Mika Semann" <Mika.Semann at gmx.de>
> Betreff: Re: [OSM-legal-talk] hands on commercial applications

> El Jueves, 19 de Junio de 2008, Mika Semann escribió:
> > [...] we would like to develop a [...] system which shall include a
> moving 
> > map system as one out of many other features. 
> > We probably have to use commercial aeronautical data due to different 
> > reasons (availability, reliability etc.). This data shall be displayed
> on 
> > top of a basic "background" map [...]
> > [...] I would like to use the openstreetmap data for the [background
> map].
> 
> > So the question is: are we allowed to use parts of the Openstreetmap
> data
> > in our system ???
> 
> At first sight, I don't see any problem with doing so.
> 
> 
> However, I remember some discussions about whether displaying a map on top
> of 
> other constitutes a derivative work or a collective work, and thus the 
> composite map should or should not be re-licensed under CC-by-sa. If I
> recall 
> correctly, there is no problem just displaying some data on top of OSM.
> 
> 
> Anyway, you should keep OSM data separate from commercial data. If you 
> distributed both sets of data together (as the same file/package), you
> would 
> likely be forced to license the whole package as CC-by-sa...
> 
> > What we of course can't do is to put this commercial aeronautical data
> we
> > will buy (or licence) under the Creative Commons Attribution-ShareAlike
> 2.0
> > license as it is not our own data.
> 
> ... which you're not allowed to.
> 
> So, whatever you do, do not merge OSM data with commercial data.
> 
> > If it is not allowed to use the data as described above would it be
> > different if we give our customers the possibility to upload
> Openstreetmap
> > data on our device themselves?
> 
> It would be a good idea to do so, because:
> - It'll help your clients tell apart OSM data from commercial aeronautical
> data
> - You can provide your clients with weekly updates to the base map
> 
> 
> 
> > From my personal point of view, being a (beginning) distributor to
> > Openstreetmap myself I don't see a big problem  if someone uses this
> data 
> > for a commercial application [...] I personally wouldn't like
> > the idea if someone would SELL this data, let's say as an data update
> for a
> > commercial application.
> 
> You're allowed to, though. However, due to the way copyleft works, the
> first 
> customer would be allowed to redistribute the data.
> 
> That leaves a lot of room for commercialization. For example, I could
> start a 
> company that sells OSM-derived aeronautical data. You won't be paying for
> the 
> data: you'll be paying my work of updating, correcting, and providing you 
> with the latest, best set of data available.
> 
> In your case, you're allowed to charge your clients for, (for example) 
> providing monthly automatic updates of the OSM data. Your most
> computer-savvy 
> clients won't sign up for that, as they can update the device manually 
> without too much effort (and write tools and how-tos), but your laziest 
> clients would gladly pay a few bucks a month for not having to worry.
> 
> 
> 
> 
> 
> Anyway, please keep the datasets in your device separate. Allow users to
> get 
> the OSM data *back* from the device, as they're entitled to. Allowing to
> turn 
> datasets on/off, and updating individual datasets is also a good idea.
> 
> 
> 
> And, most importantly, do not rely solely on my opinion :-)
> 
> 
> 
> Cheers,
> -- 
> ----------------------------------
> Iván Sánchez Ortega <ivan at sanchezortega.es>
> 
> When I was younger, I could remember anything, whether it had happened
> or not; but my faculties are decaying now and soon I shall be so I
> cannot remember any but the things that never happened.  It is sad to
> go to pieces like this but we all have to do it.
> 		-- Mark Twain

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