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

[Simon Poole]

Am 28.06.2022 um 08:32 schrieb Tom Peoples:
> Hi Simon,
>
> Thanks for your response.
>
> Could you link me to the LWG? I'm not sure what that refers too.
https://wiki.osmfoundation.org/wiki/Licensing_Working_Group
>
> I had read the 'Publicly' definition and interpreted it as public use 
> if the data is distributed outside your employees or contractors.
I was considering it the other way around, you / your company being the 
contractor of the customer.
> Is there a directory or similar of legal professionals familiar with 
> ODbL? I would like to get a definitive answer for my situation.
>
No directory really, the LWG is your best bet.

Naturally there is no such thing as a definitive answer in legal matters 
:-).

Simon

> 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 <http://www.hevway.com>
>>
>>
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