[OSM-legal-talk] attributive data enrichment using OSM

[Stefan Jäger]

Dear all from legal-talk,

We have the idea of using OSM data for an enrichment process in order to improve the attributive information of proprietary building footprints.

Let me briefly explain, what the purpose of using OSM for our enrichment process is.

We are developing a data product for building footprints  that is based on 3D-building data from the official German surveying authorities (there 16 of them) .
The license of these data is not open, neither for the original data nor the data product we plan to produce.

These original data are rather heterogeneous with respect to quality , quality not in the sense of geometrical correctness or completeness but in the sense of building function attributes (residential, official, hospital, etc.).
Our Idea is to use OSM data in a quality improvement process for the building types, in combination with other processes like analyzing the shape and/or size of buildings.

An example:
Suppose we  have a building footprint from our data which has no information on the building type.
We now take the centroid of that building and analyze the underlying osm area information , which is, let's say an industrial complex.
We would then assign the official code, let's say '4711 (industrial)' to that building.

Another example:
Again, suppose we  have a building footprint of our data which has no information on the building type.
We would than take OSM amenity (point) information and check whether there are many shops (points) inside that building polygon.
We would then designate the building a shopping mall (provided a certain size criterion derived from the original data source is met) and assign it the code 1234 for shopping mall.

My question now is: if we enrich our data (with only underlying attributes, no geometry from OSM at all) with such a process using OSM data, is this then a produced work (or a collective database) or would I have to license my enriched data product under the odbl, which I would not be allowed to do, because it would conflict with the license of the main data source?

The final data product itself is not intended for public use (e.g. on publicly accessible websites) or display, which is forbidden by the original license in the first place.
It will not have any osm information or reference to osm  entries in the final data product.

I have read the text here:
https://wiki.openstreetmap.org/wiki/Open_Data_License/Horizontal_Layers_-_Guideline
in particular the last paragraph "Combining OSM data with proprietary data?"
...
But what happens in case a legal entity wants to combine OSM data with third-party data? Let's assume the third-party data is proprietary, e.g. a list of restaurants that was bought by the legal person with the right to publicly use it, but of course not publicly release it.
....

Unfortunately this question has not been answered yet.

Of course I am more than happy with acknowledging OSM as an additional data enrichment source.

I would also be happy to support the OSM project.

Most importantly, I need to be on the safe side.

Thanks for feedback!

Stefan Jäger

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