[OSM-legal-talk] Shipping OSM data with a commercial application

[Richard Fairhurst]

Gary Morin wrote:

> Does the OSM allow me to convert and supply the data this way? I would be
> more than happy to make the converted MapGuide data available for pubic
> access.

Yep.

> I think I should be able to pass the data on to my clients. But as soon as
> my clients use it for work and overly their data on it, will they have
> make their data available to the public?. If they did, then I can't use
> OSM, my clients data is commercial sensitive and they will not be able to
> make it publicly available.

As I understand it, you're fine. Firstly, there's no obligation to  
publish. The licence says that the data may be distributed only under  
its terms. If they're _not_ actually distributing it (i.e. they're  
keeping it internally), the share-alike licence terms don't kick in.

Secondly, if they're only "overlaying" the data, this is potentially a  
Collective Work (share-alike doesn't apply) rather than a Derivative  
Work (where it does).

It should be noted, however, that our current licence is not (IMO)  
sufficiently clear about whether internal company use of a derivative  
work would constitute distribution. We are considering moving to a  
different licence which makes this, and much else, more explicit.

cheers
Richard