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

[Tom Peoples]

Hi Simon,

Thanks for your response.

Could you link me to the LWG? I'm not sure what that refers too.

I had read the 'Publicly' definition and interpreted it as public use if
the data is distributed outside your employees or contractors.
Is there a directory or similar of legal professionals familiar with ODbL?
I would like to get a definitive answer for my situation.

Thanks again,

Tom Peoples



On Tue, 28 June 2022, 16:10 Simon Poole, <simon at poole.ch> wrote:

> 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
>
>
>
> _______________________________________________
> legal-talk mailing listlegal-talk at openstreetmap.orghttps://lists.openstreetmap.org/listinfo/legal-talk
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20220628/db4c3482/attachment-0001.htm>