[OSM-legal-talk] A legal question

Simon Biber simonbiber at yahoo.com.au
Sun Apr 17 04:12:27 BST 2011


Hi Eldad,

The licence will not restrict you from deciding who can view what on your 
service. Your example is correct, you can show the data only to "friend X", and 
this "friend X", who has access to the data, may clone the data to somewhere 
else. Once it is somewhere else, then you will no longer have any way to 
restrict it.

Basically, the licence does not restrict commercial use. Anyone who has access 
to the data is allowed to copy it, and is also allowed to charge for it. You can 
ask people to pay, but if they copy it without paying, then you have no 
remedy. The only way to stop competitors from cloning the data, is to not give 
them access to it, in the first place. So, your terms and conditions don't 
really make sense, for CC-BY-SA data.

Regards,
Simon.




________________________________
From: Eldad Yamin <eldad87 at gmail.com>
To: Licensing and other legal discussions. <legal-talk at openstreetmap.org>
Sent: Sun, 17 April, 2011 12:46:47 AM
Subject: Re: [OSM-legal-talk] A legal question


Thank you Simon and Mike!

First, I must say that my data is not completely driven from OSM map data, it 
can be submitted without viewing the map.
 
Second  (According to what Simon said), I understood that any data that is 
derived from OSM map data must be published under CC-BY-SA license.
Does it strict me from deciding who-can-view-what on my service?
For example, a user can decide that only his "friend X" can view his submitted 
data, therefore only "friend X" can view and clone the data to somewhere else 
(under CC-BY-SA).
 
Third, I want to stop competitors from cloning data that was submitted by my 
users.
According to the question: "Can I charge for distributing OSM data or data 
derived from OSM data?":
http://www.osmfoundation.org/wiki/License#What_do_you_mean_by_.22Attribution.22.3F

Does it mean that if a competitor want to use my service (pull data) - I can 
explicitly ask him to pay?
For example, in the terms and condition on my website, I can say "the data is 
completely free under the CC-BY-SA license, if you wish to copy data and publish 
it for commercial use, you will need to pay for it and attach our T&C to it - 
please contact us at support at x.com for more details"


Thanks again,
Eldad.

On Sat, Apr 16, 2011 at 5:05 PM, Michael Collinson <mike at ayeltd.biz> wrote:

Hi Eldad,
>
>This link http://www.osmfoundation.org/wiki/License may also help with general 
>information. We are evolving it to help folks such as yourself, so if there is 
>anything unclear or confusing, please do no hesitate to email me.
>
>Mike
>
>
>On 16/04/2011 15:55, Simon Biber wrote: 
>Hi Eldad,
>>
>>
>>It sounds like your meta data is derived from the OSM map data, in which case it 
>>must be licensed as CC-BY-SA.
>>
>>
>>This doesn't mean you have to actively contribute it back to the community. You 
>>can restrict access or allow users to set up access controls on your website.
>>
>>
>>But if someone who does have access to the work decides to copy it and make it 
>>publically available, you can't prevent them from doing so. The CC-BY-SA license 
>>gives anybody that freedom. 
>>
>>Kind regards, 
>>Simon.
>>
>>On 16/04/2011, at 10:54 PM, Eldad Yamin <eldad87 at gmail.com> wrote:
>>
>>
>>Hello, 
>>>I want to use OSM data/map in order to create a map based service.
>>>The users of my service will be able to create meta-data (POIs, trips and path) 
>>>on the map and share it them with their friends.
>>>
>>>
>>>Please note,
>>>I'm not going to change the map data itself at all, only storing meta-data that 
>>>was created by my users.
>>>Is it something that I must contribute back to the community or something that I 
>>>can set as optional setting to my users?
>>>if the answer is yes, can I give my users the option to authorize who can view 
>>>their data?
>>>
>>>
>>>Thanks,
>>>Eldad.

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