[OSM-legal-talk] POI review / rating site - > derived work?

[tractatus at gmx.at]

Hello,

I am interested in your opinion if a POI (for example Hotel or
Restaurant) review / rating Website who's master data is based on osm
data is a derived work or a collective work.

The data is in one database. Osm data is in unmodified OSM schema
the other data in separated tables which are joined through relational
Foreign Keys to the osm tables. 

Data Model:

osm_nodes: 
  id
  lat
  long
  ...

osm_tags:
  node_id
  key
  value

hotel_rating:
  osm_id : ForeignKey to osm_nodes
  author
  description
  rating
  pictures
  ...


The data is displayed as text or/and as OSM map.
The data is visible separated on the site by license (OSM or
proprietary) and the appropriate license, acknowledgements etc. are
attached to the data separately.

Changes to the master data (insert, update) are given back to OSM, but
not data in the other non-osm tables.

The whole site would also work without the osm data, but not that
comfortable since one has to insert the coordinates and names of the
Hotels / POI manually the add a review.

The two data sets are also logically different.
OSM data is the expression of the existence of a geographically
objective fact, the other data is a subjective form of usage or data
about this objects.
Subjective opinions and experiences are usually not part of an map.
Therefore one could argue that this data is not subject to osm.

What's your opinion?
Are there comparable usages?

--
Greg
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