[OSM-legal-talk] OSM data - Legal question about license agreement

Simon Poole simon at poole.ch
Mon Dec 4 11:16:23 UTC 2017


Hi Mike


You need to get your lawyer to look at
http://wiki.osmfoundation.org/wiki/Licence in particular
http://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines


I'm afraid nobody can offer case by case vetting of specific business
cases, at best we can point you to general guidance, and point to
general principles. You or your lawyer need to make your own
determination if you business model is possible under our licence regime
or not. For example Produced Works can be offered on essentially any
terms (including asking a fortune), as long as the required attribution
is provided. If you have used a Derivative Database to create the
Produced Work, that however must be made available on request on ODbL
terms to recipients of the Produced Work.


In general I always point out that while we have a number of guidelines
around the on how far share alike effects  third party data, the thing
to understand is that OSM data always needs to distributed on ODbL terms
except if we are considering insubstantial extracts.


Simon


Am 04.12.2017 um 04:00 schrieb Mike Razis:
>
> Hi,
>
>
> My name is Mike and I have a legal question with regards to the usage
> of OSM data.
>
>
> I'm an engineer who started a project with a few friends. Essentially,
> we're planning on creating scenes of various cities for fight
> simulators (and possible games later on).
>
> We get data from various different sources to construct our scenes.
> From OSM, we use very little of the data, more specifically:
>
>  *
>     *_BUILDINGS_*: We get the vector data for buildings, and we then
>     model our own buildings partly based on this data.
>      o
>         We essentially get the "way" information about the corners
>         delimiting the building, so that we know where to place our
>         buildings. In cases where the height information is available
>         on OSM, sometimes we use it. But very often we invent our own
>         (since the data is not available). We just make sure that it's
>         somewhat realistic.
>      o
>         We then apply our own textures to artistically draw and
>         shade-in the sides of the buildings. We add random windows and
>         doors (not based on anything from OSM).
>      o
>         We also add our own buildings for locations where there are no
>         OSM buildings found but we feel like we should add some more.
>      o
>         We are definitely not re-packaging and selling the OSM data.
>         What we do is really just use the information to generate our
>         own scenes, and that's with a lot of modification and
>         extrapolation, to make it looks artistically realistic.
>  *
>     *_BRIDGES_*: We sometimes use OSM data in order to determine where
>     there are bridges. Then we insert some generic models of 3D
>     bridges that we've created into the scene at those locations.
>
>
> We hope to one day sell our Scenes to be used by engines that make
> flight simulators. We wanted to make sure to cover our bases, and so
> we read the License Agreements, and we also got a lawyer to read it
> over. We know that we would have to credit OSM for the usage of the
> data, but the lawyer is asking us a lot of questions such as:
>
>  *
>     Do we generate a "Derivative Database" or a "Collective Database"?
>  *
>     Can we really sell this "Produced Work"? Do we have to make our
>     "Produced Work" available for free?
>      o
>         Our lawyer seems to think that perhaps we have to offer our
>         "Produced Work" for free. He mentions that we are allowed to
>         create works from the database as long as "Share-Alike" and
>         "Keep open". We think that perhaps he's misinterpreting what
>         it means, because it seems like there are many companies out
>         there doing exactly what we plan on doing, and they sell the
>         end-products for money.
>
>
> This seems like a fairly straightforward use-case for us, but being
> engineers, we're having trouble with the legal lingo. And the lawyer
> we're dealing with seems to not understand technology...
>
>
> We know there are several other companies out there that do almost
> exactly what we do. For example, the Polish company "Drzewiecki
> Design" creates scenes (such as New York) for the X-Plane simulator
> company. They use some OSM data to generate their scenes (which they
> sell to users who want to fly in those cities), and they credit you on
> their website. (example:
> http://store.x-plane.org/New-York-City-XP-_p_431.html
> <http://store.x-plane.org/New-York-City-XP-_p_431.html>).
>
> Another example of a game that uses OSM data and sells their
> end-product would be "Monopoly City Streets" by Hasbro.
>
>
> Can we assume that's all we would have to do is clearly credit OSM?
> Can you please confirm that what I described does not consist of a
> "Derived Database"? Or at least that we would not have to make
> available a free version of our "Produced Work"? (We only in part use
> OSM data, and then we render the rest based on our own assumptions and
> artistic creativity)
>
>
> Thanks ahead of time!
>
> Mike
>
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20171204/01d3e7de/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 488 bytes
Desc: OpenPGP digital signature
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20171204/01d3e7de/attachment-0001.sig>


More information about the legal-talk mailing list