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

J M justinelliotmeyers at gmail.com
Mon Nov 29 18:34:06 UTC 2021


Christoph,
Thanks for the detailed response and information. I am trying to work
with Guillaume Rischard who is trying to reach out to Kevin Bullock to find
an appropriate contact there to see what options are. This is new to me -
and want to ask questions before I say anything. It would be nice if they
shared back data that is derived from OSM or built into the dataset.
Cheers,
Justin

On Mon, Nov 29, 2021 at 1:17 PM Christoph Hormann <chris_hormann at gmx.de>
wrote:

> 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/
>
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>
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