[OSM-legal-talk] ODbL Share-Alike clause clarification

[Simon Poole]

Hi

as usual IANAL and  I don't speak for the licensor, and this isn't legal 
advise.

ODbL 4.6 is very clear

"Access to Derivative Databases. If You Publicly Use a Derivative 
Database or a Produced Work from a Derivative Database, You must also 
offer to recipients of the Derivative Database or Produced Work a copy 
in a machine readable form of ...."

that you only need to offer a copy to recipients or the Derivative Database.

Note: depending on the details of how your service works you may not 
actually be publicly using the database in this specific scenario in any 
case, see the definition of "Publicly" in 1.0, there is further a LWG on 
a similar subject.

Simon

Am 28.06.2022 um 04:05 schrieb Tom Peoples:
> Hi Legal-Talk,
>
> I'm using OSM data & tools to build my business Hevway 
> <http://hevway.com>.
>
> TLDR;
> Under the ODbL do I only need to offer the database to users who have 
> access to the derivative works or the general public?
>
> We take OSM data & merge it with open government road networks for 
> heavy vehicles(4 & 5 Axle Crane Example 
> <https://discover.data.vic.gov.au/dataset/hvr-4-5-axle-all-terrain-mobile-cranes2/resource/49349558-c8d8-4efc-a67d-1c19156ec328>).
> This lets us create maps & routes specific to the legal classification 
> of a vehicle.
> I'm aware of my obligations under the ODbL to share the result and we 
> currently make the resulting .osm.pbf file publicly available.
>
> Recently we've been asked if we can add permit routes to our routing 
> system.
> Permits allow a business to nominate one of their vehicles to traverse 
> an otherwise illegal route a limited number of times or for a limited 
> time period.
>
> These permits are intellectual property to the business and as such 
> they will not allow them to be publicly released.
> Under the ODbL is my obligation to share the derivative data only to 
> the users who have access to it, or to the general public?
>
> Thanks,
>
>
> <https://www.hevway.com>
>
> 	
>
> *Tom Peoples*
>
> Co-Founder
>
> E: tom at hevway.com| M:**0488 005 870
>
> www.hevway.com <http://www.hevway.com>
>
>
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