[OSM-legal-talk] Mixing data under different licenses

Frederik Ramm frederik at remote.org
Sun Apr 17 21:45:39 BST 2011


Hi,

Eldad Yamin wrote:
>    1. If FS will buy POI from a third party and those POI are under a
>       license that isn't CC-BY-SA
>       a. Can FS show the 3rd party POI along with the POI that are under
>       CC-BY-SA on the OSM map?

Yes, certainly. CloudMade does that, or at least used to do it.

>       b. Can FS keep the 3rd party POI original license intact while
>       they being published using the OSM map (1.a)?

We generally say that if the layers are transferred to the client 
separately then yes; if OSM is merged with other data then no, but this 
is just an interpretation used by many in the project and not a legal 
certainty.

>       c. Under which license derived data should be if it was made using
>       data that is under CC-BY-SA license along with the data that
>       was purchased (that isn't licensed under CC-BY-SA)

Anything derived from CC-BY-SA data must always be CC-BY-SA too.

>    2.  FS built an API for their mobile APP
>       a. Can FS enforce that the API itself is used only for
>       none-commercial usages by adding this term to the T&C on the
>       registration process?

If you publish something under CC-BY-SA you can never exclude commercial 
use. You can, however, exclude commercial use of your infrastructure. 
This means that you could say "only noncommercial users may download 
from my web server", but if someone else then noncommercially sets up a 
mirror that can also be used by commercial users, you cannot prohibit that.

>    3. How do you define "derived data", let's take the following
>       situation as an example:
>       1. an FS user wants to create a new POI.
>       2. The user is asked to enter the POI address.
>       3. The data is saved.
>       4. The user is asked to confirm the POI by showing it on the map.
>       5. if the user want to current is data, there are 2 options
>       to current the data:
>           5.1. The process will re-start from 3.2.
>           5.2. The user can fix it on the map.
> 
>       a. is this derived data? if so, under which step it become derived
>       data?

If OSM data is instrumental in the point being created then it is 
certainly a derived work. (It isn't a derived work until step 3.3 
because OSM data only comes into play in 3.4.)

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"



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