[OSM-legal-talk] Confusion about Pins, Trivial Matching, and Collective Databases

[Ben]

I could use more clarification, I keep reading what seem to be conflicting
or nuanced positions.

What We Want to Do

I want to generate a map for a company intranet site showing a client where
his vehicles are currently based on lat/long coordinates (given to us by
our proprietary mobile app which they run) and existing customer locations
(to which those trucks are driving today) (based on the business addresses
the customers have previously given to us).  We'd set up an OSM tile server
for this and use a library for layering/interaction.  We don't need to make
available our database of truck locations/client addresses.

Legal Confusion

My reading of the OSM terms lead me to believe that the matching between
independent data and OSM data is trivial and thus it is a Collective
Database and thus

I base this on OSM Legal FAQ which says in 3d, "However, if the two
datasets are matched 'trivially' by, for example, automated matching using
a simple criterion such as name/locality, this is not 'substantial' and
remains a Collective Database." (
http://wiki.openstreetmap.org/wiki/Legal_FAQ#3c._If_I_make_something_with_OSM_data.2C_do_I_now_have_to_apply_your_license_to_my_whole_work.3F
)

I also base this on the license (
http://osmfoundation.org/wiki/License#Are_there_any_special_conditions_or_restrictions_for_commercial_or_academic_use.3F)
which says, "You can however, put separate and distinct data layers on top
of your map, such as icons showing specialists points of interest, routes,
track logs, shaded areas, contours and the like, then Share-Alike does not
apply to these elements as long as they do not interact with the map
underneath."

But I see what seem to be conflicting responses to such questions, such as
on:
https://help.openstreetmap.org/questions/1073/commercial-use-in-an-application-licenceable?page=1&focusedAnswerId=41359#41359

Any clarity would be most appreciated.  I posted on the forum but was told
I should ask the question here instead.

Thanks.

Ben
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