[OSM-legal-talk] Using osm data + private data

Oliver (skobbler) osm.oliver.kuehn at gmx.de
Tue Jun 22 13:13:19 BST 2010


>I would like to know if we can use osm data + private data for commercial
use.
>
>Example 1 :
>i've a osm map and i sell the service; that a company can see a car fleet
on a map. Can i do that ?
>
>Example 2/ :
>i've a osm map on my own server, but because i've some private data and too
dangerous for the company >to publish it, i will never publish it to the
community.
>But i sell a service to a company that i can track people in an industrial
site.
>
>So can i do that ? because i will use the osm data + i've added my own data
on that. And i will sell the >service to be able to track the employees.

You raise a very interesting question here as it contains the following two
components: (a) tracking & tracing by using a OSM map and (b) putting a
dynamic data layer on top of a OSM map

In regards to tracking & tracing: There is NO legal restriction to use OSM
data for tracking & tracing like you have with other maps like Google Maps.
This means you can use OSM data for tracking & tracing in general.

Dynamic data layer on top of OSM data: There are two possible
implementations: (i) tracking & tracing data is shown only in REAL TIME and
NOT saved in a database as history or (ii) you have dynamic data that is
stored in a database (having coordinates with a timestamp).

It is an easy anwser for realtime data (i): as they are not stored in
database you cannot make them available to 3rd parties.

For (ii) the question is more complicated and some interpretation applies.
My personal view would be that it would result in a collective database (no
difference to a POI database) and it has not to be made public.

A generic remark: Tracking employees might easily get in conflict with
national data protection laws... 

For the "new" license there are some community guidelines that might also
help:
http://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines

Regards,
Oliver

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