[OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

[Falk Zscheile]

Am 31.03.20 um 19:56 schrieb Martin Koppenhoefer:
> In Italy we have been discussing this situation: a member of the community
> wants to add links to OSM objects into a list of specific shops (those that
> are open during the covid-19 pandemia).
>
> The list will be published here: https://www.covid19italia.help/opendata/
> with an CC-BY-4.0 license.
>
> The links will be of the kind https://www.openstreetmap.org/relation/1834818
>

In decision C‑466/12 - Svensson and Others , the European Court of Justice stated:

"[...] that the provision on a website of clickable links to works freely available on another website does not constitute an act of communication to the public, as referred to in that provision."

> Question is, will it be possible to publish such a list, containing OSM-ids
> (or links to OSM objects) with a CC-BY-4.0 license?
>

In my opinion, this case applies not only to links to works, but also to links to publicly accessible databases. Since links to database objects are not legally relevant duplication of the database, no license terms of the ODbL need to be observed in this case.

Falk