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

[Gary Morin]

Thank you for your replies, this seems to be good news.

We will look at want will be needed to convert the data to SDF and ensure
the appropiate OSM attibution.

Regards

Gary



-----Original Message-----
From: legal-talk-bounces at openstreetmap.org
[mailto:legal-talk-bounces at openstreetmap.org] On Behalf Of Richard
Fairhurst
Sent: 13 March 2008 16:17
To: legal-talk at openstreetmap.org
Subject: Re: [OSM-legal-talk] Shipping OSM data with a commercial
application

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


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