[Tagging] My ban by user Woodpeck = Frederik Ramm

"Christian Müller" cmue81 at gmx.de
Tue Jun 25 22:01:27 UTC 2019

Shameless plug:

At least in Germany copyright does have limits, so an individual
may use/recite/remix parts of a copyrighted work or database, in
particular for non-commercial and scientific use - just as it is
popular to cite and quote parts of scientific publications in
others. See in particular Unterabschnitt 4 "Gesetzlich erlaubte
Nutzungen für Unterricht, Wissenschaft und Institutionen" of
UrhG [1] (link in German only, sorry).

I don't know to what extent this is applicable for an international
project such as OSM, but there are fair-use and non-commercial ex-
ceptions in the copyright statutes of many countries, that generally
may apply to what has been practised and afterwards ban'ed here.

So while a systematic copy of an ODBl non-compatible work or database
for sure breaks OSM rules, researching for individual names or generic
geographic facts (that are also verifiable on-ground e.g.) does not.

Merely reusing names of watercourses is not a breach of copyright, if
you research them in non-database publications _or_ if you do copy
few excerpts (UrhG speaks of 15% for scientific, non-commercial use)
out of a foreign database dedicated to listing watercourse names and
their history (and that is non-ODBl compatible).

However, not supplying a source or explanation for others to validate
the changes made in a changeset, is hindering others to find and fix
mistakes later on.  So even if the above may grant some use of other-
wise incompatible data sources -to a specific an often fuzzy extent-,
it surely does not grant using foreign sources without attribution.

I'm not a lawyer, so you have to validate the claims made yourself
if you do want to use foreign sources based on those claims (!).

In any case it may be easier to use PD sources, like Frederik suggested,
but license-incompatible sources are /not/ sacredly forbidden by default
if you adhere to some principles outlined in UrhG and consider the legal
type and status of the organisational aspect of OSM.


[1] https://www.gesetze-im-internet.de/urhg/BJNR012730965.html#BJNR012730965BJNG004800123

> Gesendet: Dienstag, 25. Juni 2019 um 12:19 Uhr
> Von: "Frederik Ramm" <frederik at remote.org>
> An: tagging at openstreetmap.org
> Betreff: Re: [Tagging] My ban by user Woodpeck = Frederik Ramm
> You cannot continue to use one inadmissible source and then when you're
> told this is wrong, use a different inadmissible source and so on ad
> infinitum. This is not a contest of who finds a loophole.

More information about the Tagging mailing list