[OSM-talk] cloudmade maps copyright terms and conditions

Martin Koppenhoefer dieterdreist at gmail.com
Tue Dec 1 11:41:54 GMT 2009


Hi all,

I'm aware that this topic is somehow delicate, but I was quite astonished
when I had a look at Cloudmade's Terms and Conditions
http://cloudmade.com/terms_conditions

espescially Part 6:
*
###
6. Ownership; Proprietary Rights.* As between the Parties, the CloudMade
Site including the content, visual interfaces, interactive features,
information, graphics, design, compilation, computer code, products,
software, services, and all other elements of the CloudMade Site that are
provided by CloudMade (but excluding the Map Data, which are governed solely
under the terms of the Creative Commons Attribution Share-Alike 2.0
License<http://creativecommons.org/licenses/by-sa/2.0/>)
(*"CloudMade Materials"*) are owned and/or licensed by CloudMade. CloudMade
Materials do not include Non-CloudMade Content (as defined below). Except as
expressly authorized by CloudMade, you agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit, publish,
edit, adapt, create derivative works from, or otherwise make unauthorized
use of the CloudMade Site or the CloudMade Materials. CloudMade reserves all
rights not expressly granted in these Terms. User shall not acquire any
right, title, or interest to the CloudMade Materials, except for the limited
rights set forth in these Terms.
###

The claim copyright on graphics and design and restrict just the map data to
cc-by-sa. IMHO that inhebits e.g. that I take a screenshot of their map and
put it on my website. Looking at the legal faq in the wiki:
http://wiki.openstreetmap.org/wiki/Legal_FAQ
"If I have data derived from OSM data, do I have to distribute it? The
licence does not force you to distribute or make any data available. But if
you do choose to distribute it, or anything derived from it, it must be
under the same licence terms as the OSM data."

I read this like cloudmade could use their maps for their own purposes
without redistributing it, or they have to put their maps under cc-by-sa 2.0
as well. Or did I misunderstand something?
cheers,
Martin
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