[OSM-legal-talk] use OSM data to select proprietary data

[Frederik Ramm]

Hi,

On 12.12.19 07:59, matthias.straetling at buerotiger.de wrote:
> I want to use polygons (district boundaries) from OSM dataset to select points for a proprietary dataset.
> The OSM dataset might be altered trivially (f.e. boundaries might be merged where needed).
> The proprietary data isn't allowed to be used freely and is incompatible with ODBL.
> 
> The result of the intersections is a geodatabase, which doesn't contain any OSM data.

In my NAL opinion, the result will be derived from OSM data and
therefore inherits the ODbL license. This does, however, not mean that
you have to publish it; but *if* you publish (or "publilcy use") it,
then it has to be available under ODbL. If you just use it internally
then it is still ODbL but that doesn't matter to you.

As an exception to the above, if the number of boundaries you use is
less than 100 - an crucially this could be after the trivial alterations
you mention - then the extract you are making is considered not to be
substantial (see
https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Substantial_-_Guideline)
and therefore does not have to be under ODbL.

Bye
Frederik

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