[OSM-legal-talk] redraw from CC-BY-SA tiles and ODbL data

Simon Poole simon at poole.ch
Sun Jan 4 09:54:25 UTC 2015



Am 31.12.2014 um 18:14 schrieb Lars-Daniel Weber:
.....
> 
> Are these objects to be released in ODbL and have they to be given back to the community?
> Since the CC-BY-SA tiles might have some generalisation (smoothing, selection), this license also has to be encountered.
.....

IMHO it really depends on what your users are doing:

- tracing elements from the background and extracting naming etc in a
systematic fashion (outside of what is covered by non-substantial): the
licences apply (given that the only sane reason to do this would be to
circumvent the licence, yes the licence applies)

- drawing/adding something with only no reference to the background (for
example a new building or a POI from GPS data): independent data.

- doing the above using the OSM data as a reference: grey area.

An example why the later is a grey area: you could easily use an OSM
based background map to determine what is missing and what is already in
OSM to generate a dataset that you could then provide as "OSM+" or so.
This is likely something that the community would feel uneasy about and
I personally would at least view as trying to work around the licence.
On the other hand I'm sure there are a number of use cases were such use
is unproblematic.

Simon



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