[OSM-legal-talk] Paid services from OSM

[Iván Sánchez Ortega]

El Miércoles, 8 de Octubre de 2008, Sunburned Surveyor escribió:
[...]
> You take OSM data and modify the feature geometries using data you
> collected in the field. [...] (For example: You add Road
> Speed Limit attributes to all of the road segments in the dataset).
>
> What are you required to release?

*Nothing*.

Please keep in mind that the ODbL (or CC-by-sa, for that matter) does not 
*require* you to release anything.

The share-alike licenses, however, control the *way* you have to release the 
data, *if* you want to release it.


> Just the feature geomtries? Or do you have to release all of the feature 
> attributes as well?

Just the data you make publicly available, or otherwise publicly "Use".

For example: you display in a webpage a slippy map of your geometries, 
applying colours based on the OSM speed limit tag. You'd be using a 
Derivative Database of OSM data (speed limits) and your data (geometries). 
And, given that you're publicly Using this DB, you'd have to release it all 
(i.e. just the data needed for a third party to replicate just what you're 
displaying in the webpage).

(In this case, you'd be publicly "Using" the derivative DB by "extracting a 
significant portion of data" and using that data to display an image in a 
public webpage.

> What if you keep the road speed limits in a separate  
> table in your GIS and just refernece a feature geometry ID? What if the 
> original OSM data contained a tag for speed limit data, but your speed limit 
> data is more up-to-date or accurate? Do any of these things make a 
> difference? 

Nope, they don't matter. The ODbL and the european database directive it is 
based upon don't care about things like RDBMS tables, fields, references, 
geometries or whatever.

While determining how much data composes the Derivative Database that you'd be 
publicly Using, I think it will be safe to assume an inclusive stance: the 
Derivative Database should include things in other tables, and features, and 
referenced stuff, and even things outside of a RDBMS* that are neccesary for 
the GIS to work properly.

Just ask yourself, "If another person would like to do the same thing I'm 
doing, how much data would he need?"


* RDBMS is the formal name we computer guys usually call a "Database". The 
legalese definition of a DB is *much* broader.


(You might want to consult a lawyer for further details, IANAL, TINLA, etc etc 
etc)


Cheers,
-- 
----------------------------------
Iván Sánchez Ortega <ivan at sanchezortega.es>

MSN:i_eat_s_p_a_m_for_breakfast at hotmail.com
Jabber:ivansanchez at jabber.org ; ivansanchez at kdetalk.net
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