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

Michael musset mickamusset at gmail.com
Tue Jun 22 13:21:30 BST 2010


*

*
*On Tue, Jun 22, 2010 at 2:13 PM, Oliver (skobbler) <osm.oliver.kuehn at gmx.de
> wrote:
*
>
> *
> >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*
>

It's dynamic Data  for storing the point. so yes i'm using openlayers to add
dynamicaly the point on the map.
But the map of the industrial site is store in the same table/database as
for osm data.

> *
> 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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> Sent from the Legal Talk mailing list archive at Nabble.com.
>
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