[OSM-legal-talk] Using OSM data, to generate game worlds. How does the license apply to projects like this?

[Christoph Hormann]

On Wednesday 10 February 2021, darkdanube wrote:
> Hi!
>
> I would like to develop a game, which uses OpenStreetMap data to
> generate game maps, and game assets ( like 3D models ). The 3rd point
> of Legal FAQ is a bit confusing to me. Are the generated objects
> considered as "Derivative Database"? Is it enough to clearly
> acknowledge, that I use OSM data in the game? The OSM datas are not
> altered, but a completely new dataset is generated from it.

If you generate a new dataset from OSM data that dataset is either a
derivative database or a collective database under the ODbL.

> I've found a similar question in the wiki, about "using OSM data in a
> computer game together with other data sources". It states, that "OK
> as long as the games company also provides an offer of the open
> derivative DB free from technical measures in parallel. Otherwise,
> its explicitly disallowed."

That is correct if the dataset you generate and use is a derivative
database.  If it is a collective database you only need to make
available the OSM based part of it.

If something is a derivative database or a collective database depends
on to what extent OSM data is intermingled with other data or enhanced
with non-trivial methods.  If you extrude OSM building footprints to a
constant height to generate 3d models that would not be considered a
derivative database.  Neither if you meove the building shapes
vertically to match an elevation model used.  If OTOH you use LIDAR
data to estimate the height and roof shape of buildings mapped in OSM
and generate 3d models from the OSM footprints and the height and roof
shape data generated this way you have a derivative database.

> Is the "derivative DB" the subset of openstreetmap data, that I use
> in the game? Or does this also include the generated game objects,
> and the algorithm to generate them as well?

The derivative database (if there is one) contains the OSM data used
plus any other data combined with it or generated as part of your
process.  The algorithms used are never part of it (though keep in mind
that drawing the line between code and data is not always easy, esp.
with AI methods etc.)

> Does "provides an offer" mean, that I can charge the development
> costs ( or more ) for someone, who wants to acquire the game files in
> an accessible format?

No, you may charge for the costs of the data delivery itself in case you
provide the data through other means than the internet but not for any
other costs.

> I do not wish to make the generated objects ( 3D models, game maps,
> etc...) freely available, and I also could not afford to open source
> the game, and the code, which generates the game objects from OSM
> data. It would mean, that anyone could get a free copy of my work.

As said your code is not an issue, the ODbL is just about the data.
That if you use OSM data and put work into it to enhance it in some way
to create additional value you have to share it and allow others to use
it freely is part of the idea of OSM and of having a share-alike
license.  If you don't want that you should not use OSM data.

> What if I convert the required OSM data to a proprietary format
> first, and then import that in the game? In that case, the game could
> even work with other sources, which produce that proprietary format,
> not just OSM.

The data format has no bearing on the effects of the ODbL.

> What if the game objects are generated on a server and sent to the
> players machine, when they visit a new area in the game? There is not
> really a constant database then, but an ever changing one.

You are still distributing OSM data (or derivatives of it) so the ODbL
still applies.  In general trying to find loopholes in the ODbL and
trying to weasel around rules that were included intentionally in the
license is not a good idea if you want to maintain a good standing with
the OSM community.

> There are some commercial games available, which use OSM data, like
> Pokemon Go, 911 Emergency Manager, etc... I am not able to find any
> website or offer, where folks could download their derived databases.
> How did they solve it?

Most of them probably use OSM data without significant modifications.
They would upon inquiry probably provide you with the OSM extract they
use or with a set of rules to generate such yourself (like an osmium
command, an overpass query or similar).

That does not mean all commercial OSM data users correctly abide by the
ODbL and make available their derivative databases.  Since this is
often hard to assess for the outside observer (significantly harder
than the attribution requirement) there are evidently a lot of attempts
at avoiding to make available derivative databases by simply disguising
the fact that one is used.

--
Christoph Hormann
https://www.imagico.de/