[Talk-us] [OSM-talk] Beware Pokemon users

Bill Ricker bill.n1vux at gmail.com
Fri Dec 30 21:08:24 UTC 2016


On Fri, Dec 30, 2016 at 3:43 PM, Clifford Snow <clifford at snowandsnow.us>
wrote:

>
> Can you help me understand what part of the ODbL [1] they are violating?
> As far I can tell, they don't modify the data nor do they display OSM tiles
> or make any of the data available


(‚ÄčIt was not my assertion, I was hypothetically answering a HOW question.)

OTOH & IANAL....

Hypothetically speaking,
Not making available tiles or data extracts based on OSM data  relieves a
hypothetical potential infringer from having to make data available (Share
Alike & Keep Open clauses).
Any published use* requires Attribution.
* (Which i interpret as non-intramural use, not contained within a
household or corporate entity, although that is the sort of think lawyers
could argue. It's safest to attribute even intramural use cases, but not
required by license.)

If indeed they are reaping OSM nodes and ways to populate PoGo rookeries
[an unproven assertion], that would make the whole game a "use ... or
work[s] produced from the database" and if PoGo doesn't count as "public",
I don't know what is.  (The players are not employees, contractors, or
family members of Niantic Labs.)

Hiding the _use_ of OSM data doesn't make the derived work private; only
hiding the derived work (game, web map, whatever) does; and i doubt having
to register to play the game would be accepted as making all Niantic
properties "private" not "public".
(IANAL but I would wonder if hiding the use could be construed as willful
and malicious infringement.)
(If Niantic claims any copyright in their work, it is by definition of
"copyright" a "published" work. In theory Trade Secret, Patent, and
Copyright are incompatible IP protections. Only TradeMark plays nicely with
others.)

#IANAL



-- 
Bill Ricker
bill.n1vux at gmail.com
https://www.linkedin.com/in/n1vux
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