[OSM-talk] licence plan - Question about supplying own data

[SteveC]

On 4 Mar 2009, at 07:00, Jason Cunningham wrote:

> Hi All
>
> I've read through a bundle of licence emails, and there is one  
> aspect that worries me, which hopefully someone can clarify.
>
> From my understanding (and I dont speak legalese), under the CCBYSA  
> license you can take OSM data, create a "derived work" and  
> distribute it. But, you had to let people know you where using OSM  
> data, you had make it clear that other people where allowed to use  
> your "derived work" to make further derived work and the CCBYSA  
> licence must apply to their work. But its turned out this license  
> may not be enforcable. A new licence has been proposed that is  
> enforcable, but adds a significant new "obligation" to people/groups  
> creating derived works.
>
> Looking through advice regarding the new or proposed licence in the  
> wiki I have come across the following which I am worried about and  
> wish to clarify (which I quote below)
> 1. http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ
> "requires those that combine our data with their own data will have  
> to give the latter to OSM. This means we get more open data."
>
> 2. http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases
> "Section 4.3 also requires that the notice include information  
> regarding where the user can obtain a copy of the Database or  
> Derivative Database."
>
> So it appears under the new licence when I create a map using OSM  
> and add my own data (derived work), I have to make my data available  
> to OSM. This leads on to a couple of questions.

So I've not read the rest of this thread yet, sorry. I am not a  
lawyer. But let me respond to the best of my knowledge and please  
consult your nearest qualified IP lawyer for better results.

The ODbL follows the language of the EU Database Directive and that  
makes a distinction between combined and collated work. I can't  
remember if the terms are combined or collated... but essentially  
between those you can put together without changing the database, and  
those that require .... see look. What's the point. I'm not a lawyer.

I tell you what - are your questions queued up somewhere? An excellent  
first step would be to queue up legal questions. Those about the  
license directly we can get answered from OSMs perspective and some it  
might make more sense to go to the license process with over at OKFN  
right?

> Questions
> 1. The main question. Do I (any one else affected) have to actually  
> send my data to OSM, or, make sure its available (via an emailed  
> file (if requested) or as a download on a website), or, am I simply  
> giving the right for OSM to to take the derived work and copy/ 
> extract all data.
>
> 2. I am not entirely happy about making people/groups supply their  
> data to OSM if they wish to create derived work. I agree with the  
> original principle within the CCBYSA, that the derived work had to  
> be CCBYSA. But I feel demanding that individual/groups make the data  
> available puts a burden on some people they can not meet, or will  
> not be acceptable.
> eg
> 	• (extreme example?) A group of 8 year old kids spend a day in a  
> local park mapping out locations where they find butterflies. They  
> map this information using an OSM map and stick a copy on their  
> local parks noticeboard. Surely they shouldn't be made to make this  
> data available to OSM? Its not worth the bother for them (or OSM)
> 	• A wildlife group wishes to map the location of endangered  
> species. Lacking money, OSM seems like a good resource, but they can  
> not supply the data and therefore the location of protected species  
> to OSM. So they can not use OSM and have to spend money on another  
> map?
> I started supplying data to OSM in the belief I was creating map  
> data that was free and could easily be used by everyone. This can  
> not be achieved if the burden of using OSm data is greater than the  
> benefit.
>
> Cheers
>
> Jason
>
>
>
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Best

Steve