[OSM-legal-talk] propriety layer over OSM

[yoav kleinfeld]

Thank you Eugene and Frederik - very lay friendly.

I will try to clarify it for myself, just tell me when you had enough of this thread.

Between Frederik's option #1 which is a NO, and option #2, I am trying to understand if option number 2 is at all possible - - -

What this would mean, is that I will not be able to use OSM to generate the layer (collect my user input and make a layer out of it) - I would have to collect the user generated data myself, a separate module (?) on my app, and from it create a layer that would then be closed and license compatible. BUT - if I would like to implement my layer on OSM, I would have to use the coordinates to generate data that would apply to a street section - or a vector on the map (and we're back to derivative?). hmmm.... I guess this is getting into code territory. So the programmer I work with will have to program code that would make a coordinate's metadata apply to a street section on the OSM map, and that will actually be the interface between my data layer and OSM. So this isn't strictly legal talk anymore, but both legal and code: is this something that can be done within OSM, and in this case is it legally OK?   



On Saturday, October 26, 2013 5:22 PM, Frederik Ramm <frederik at remote.org> wrote:
 
Yoav,


> So in short, my question is if it is possible to use OSM to create a
> closed layer, and keep the data in that layer accessible only through my
> service? 

No.

If the closed layer you have your users create is in any way "based" on
OpenStreetMap, then we would call that a "derived database", and you
would have to release it under the same free license that OSM comes under.

This would for example be the case if your users drew areas onto the map
and added information to them, for example something like "This area is
a pleasant area for taking a walk". Because your users would actually
incorporate the geometry they see on OSM into your new layer, the data
would be derived from OSM.

It would be a different thing if the data that your users generate was
created without using the OSM base map as a reference. For example, if
your user pushed a button on their smartphone that says "the GPS
location where I currently am is really a pleasant spot for taking a
walk", and you would then collect these nuggets and generate data from
them, and then just *display* your independently generated data on top
of OSM. In that case, your layer would not have to be released because
OSM was not used in creating it.

Was that layperson friendly enough?

Bye
Frederik

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

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