[OSM-legal-talk] Regarding The New OSM License

[Jonathan Harley]

Hi Rob, some comments below:

On 16/01/13 22:11, Rob wrote:
> Hello.
>
> Would like to ask / discuss with you the new license for OSM if you do 
> not mind.
>
> I have a website that I would like to integrate/include OSM map tiles 
> into.
>
> What I would like to clarify is if I would be required to share the 
> data which is / has been collected through the website.
>
>
> I would like to build a tile server based on OSM data for serving map 
> tiles for use in a commercial website project that will be accessed by 
> the general public at no charge.
>

Whether you charge or not isn't relevant to your responsibilities under 
OSM's license. The only relevant question for share-alike is, will you 
be storing data that's derived from ours in any way? If so, that's a 
derivative database and must be shared back to us.

...

>     1.  Users would enter an address.  Search would be made in non OSM
>     sql db for any corresponding POI.  A call would be made to the
>     tile server.  Map tile would be displayed associated with that
>     address.  If there is a associated POI a flag/marker would be
>     displayed in a layer above the map tile marking its location.
>
>     2.  Users would add a POI through a web interface for inclusion
>     into the non OSM sql db.
>
>     3.  Users would supply GPS coordinates to the website.  A call
>     would be made to the tile server. A corresponding map tile would
>     be displayed.
>
>     4.  Users would supply GPS coordinates. Search would be made in
>     sql db for any corresponding POI.  Map tile would be displayed
>     associated with that GPS coordinate. If there is a associated POI
>     a flag/marker would be displayed in a layer above the map tile
>     marking its location.
>

1,3,4 sound like "produced works" and would require that you show the 
OSM copyright message.

2 would be a "derivative database" if your users are placing POIs in a 
certain place *because of features that appear in OSM*. For instance, if 
your tiles show a road in OSM and the user places a POI next to it, then 
the POI's location is derived from OSM and must be made freely available 
if someone asks. After all, if you used a different base map with the 
road in a different place (since all maps have errors in), the POI would 
have been in a different place.


There is a wiki page which lists some more use cases at:
     http://wiki.openstreetmap.org/wiki/License/Use_Cases
if there are any cases you're interested in that aren't covered there, 
could you let us know? Then we'll be able to improve it.

Thanks, Jonathan


-- 
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

md at spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK