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

[darkdanube]

Hi Christoph!

Thank you for the detailed answer! I think I understand it now.
So if I create a game which uses OSM data, this is what I have to make:

- Acknowledge that the data is from OSM
- Make freely available the OSM extract ( Maybe as an overpass query )
- Make all the other data sources available, which are used to improve the
OSM data, and could be contributed back to OSM. ( For example a LIDAR
survey, which is used to measure building heights )

Am I correct?

Thanks,
Lucas


Christoph Hormann via legal-talk <legal-talk at openstreetmap.org> ezt írta
(időpont: 2021. febr. 11., Cs, 13:21):

> 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/
>
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> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
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