[Osmf-talk] Regarding tile licensing

[Simon Poole]

The issue that the licence doesn't require compliance with the ODbL
exists with the current license, and any other common licence that I
know of. And literally 1000s of maps produced from OSM data are
similarly not licensed on terms that would require that.

As per definition a ODbL Produced Work is not a database, we are clearly
not licensing any database rights to start with in any case.

Simon

Am 18.06.2019 um 17:21 schrieb Christoph Hormann via osmf-talk:
> The agenda for the next board meeting has the possible change in the
> license terms in the rendered map tiles from osm.org on the agenda:
>
> https://wiki.osmfoundation.org/wiki/Board/Minutes/2019-06-19#Recommendation_by_LWG_on_a_future_.22tile-licence.22
>
> I would like to urge the board to be careful about choosing to
> distribute produced works under a license that does not explicitly
> require compliance with the ODbL.
>
> If the OSMF distributes rendered map tiles under CC-BY 4.0 without any
> further conditions users according to my understanding may rightfully
> assume that they can do anything with those that is covered by CC-BY.
> Since CC-BY 4.0 explicitly includes database rights that would cover
> extraction/reverse engineering any semantic information from the
> rendered map (like OCRing names) which could then be considered
> detached from the ODbL.
>
> Of course the OSMF would under the contributor terms not be allowed to
> effectively grant others the right to use OSM data under terms other
> than the ODbL without having a vote among active constributors first.
> But those who'd use the tiles under CC-BY don't know that and cannot be
> expected to know that - for them the tiles would be just like any other
> map licensed under CC-BY.
>
> In other words: While the ODbL allows data users to license their own
> rights in a produced work under any terms they like the ODbL still
> applies to the data contained in the produced work.  For anyone other
> than the OSMF this is implicitly the case.  If I create a map based on
> OSM data i can release it under CC0 the OSMF could still require
> everyone using the map to comply with the ODbL.  If however the OSMF
> licenses a map rendering under CC-BY, not explicitly excluding the data
> contained in the map from the license, it cannot the next day sue the
> user to comply with the ODbL when using data from that map because the
> user would then simply point to having been given permission to do so
> under CC-BY.
>
> --
> Christoph Hormann
> http://www.imagico.de/
>
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