[OSM-legal-talk] OSM derivative Dataset ODbL Question

[Christoph Hormann]

On Monday 29 November 2021, J M wrote:
> [...] My understanding
> is if it is a map (paper/ interactive) it needs to just have and OSM
> attribution icon/ symbol/ etc. But for an actual gis dataset - I
> don't know how that works. Does a product webpage/ metadata just need
> to state there is OSM data in it? Or does the actual dataset/ larger
> dataset need to be shared openly?

Well - publicly distributing data constitutes a public use according to
the ODbL.  Therefore the sample data set would need to be made
available under ODbL or an ODbL compatible license (at least those
layers that are derived from OSM data would need to be made available
on request).  And they would need to attribute OSM (and when
distributing the data in addition comply with section 4.2b).  Unless
Maxar claims the sample to be insubstantial - which however would be
quite a stretch.

With the whole data set this is a bit different because from what i see
they don't make it openly available for everyone to access.  If they
make it available to (paying) customers such distribution would also be
considered public use by the ODbL.  However the mere fact that they
advertise the availability of this data does not constitute a public
use.  And the share-alike obligations when providing a derivative
database to an individual customer would be to that customer only, not
to a third party or the public.

Anyway - advertising data that is OSM derived without clearly pointing
out it is OSM derived is definitely bad style and - depending on your
jurisdiction - could also clash with competition law.

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