[OSM-legal-talk] A legal question

Eldad Yamin eldad87 at gmail.com
Sun Apr 17 08:29:12 BST 2011


Hi Simon,

Thanks for your response.



>your terms and conditions don't really make sense, for CC-BY-SA data

Why so?

I keep the data free, the users can spread the data as they see fit.

In other words, I don't care if companies will grab data from individuals
that post their data on their blogs, chat etc.

I just won't to prevent commercial complies from exploiting my service.



For example, I have an API that is being used in my client for presenting
information (only for signed-in users).

So in the registration process, I'll askthe user to confirms that he is a
user and not related to any commercial company and his account won't use any
commercial company for data pulling.





Don't you think that this is a legitimacy demand?




On Sun, Apr 17, 2011 at 6:12 AM, Simon Biber <simonbiber at yahoo.com.au>wrote:

> 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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>>
>>
>
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