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Alberto I. Oses Navarro | 15 May 15:15
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Re: Licensing and other legal discussions.

Sorry, my error that I didn't read it correctly.


On Tue, 15 May 2012 00:21:37 +0200 Mayeul Kauffmann <mayeul.kauffmann-GANU6spQydw@public.gmane.org> wrote
To: ???????  ????????   <abadjanov-JGs/UdohzUI@public.gmane.org>, ""   <legal-talk-3+rWM/WnaLOn4i5uJCXUsti2O/JbrIOy@public.gmane.org>
Subject: Re: [OSM-legal-talk] Fwd: using OSM in our commercial
       application
Message-ID: <1337034097.10447.12.camel <at> mk-desktop-smh>
Content-Type: text/plain; charset="UTF-8"

Hi,

Le dimanche 13 mai 2012 ? 18:47 +0400, ??????? ???????? a ?crit :
> Dear legal talkers,
>
> we are currently developing Scheduling software that should show vehicle routes and GPS positions on the map.
> Can we use Open Street Map for this in case we are not opening the sources to the public?

The question seems clear enough to me.
Please note that this is not a legal advice (just a forum of users).

You will find answers to many of your questions here:
http://http://wiki.openstreetmap.org/wiki/Legal_FAQ
In particular:
"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."

http://wiki.openstreetmap.org/wiki/Common_licence_interpretations
"I want to use OSM data with my GPS routing/mapping/other application.
Do I have licence the application under the OSM licence?
If the application is separate and independent, you do not need to
licence it under the OSM licence. However, if you distribute OSM derived
data with the application, that must be distributed under the OSM
licence. " (note the warning: "The interpretations expressed on this
page are the opinions of their contributors, and may be disputed by some
OSM mappers and copyright holders.")


My understanding is as follows:
Probably, for your application, you are going to do two things:
1- build a software (copyrights and license are not at all affected by
the fact that you use OSM data). When you say "the sources", if you mean
the source code of the application, then you are in this case: just use
OSM data without giving away your application source code. The licence
is meant to facilitate commercial uses of the data.

2- convert/transform/improve OSM data for your application. As long as
the new data remains within your company, data rights are not at all
affected by the fact that you use OSM data, so you do not have to give
anything. If you distribute modified/combined data, then there are some
cases where you'll have to give some rights to the recipients of the
data (but it is not possible to say more from what you say).

Hope this helps,
Mayeul

>
> many thanks for you help
> _______________________________________________
> legal-talk mailing list
> legal-talk <at> openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk

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Алексей Бадьянов | 13 May 16:47
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Fwd: using OSM in our commercial application

Dear legal talkers,

we are currently developing Scheduling software that should show vehicle routes and GPS positions on the map.
Can we use Open Street Map for this in case we are not opening the sources to the public?

many thanks for you help
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Frederik Ramm | 10 May 15:01
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Best-Practise to use OSM data in games

I am re-posting this from 
http://help.openstreetmap.org/questions/12656/best-practise-to-use-osm-data-in-games. 
The original author is "dertom95".

              -------------------------------

Is there really a way to use osm-data in games that comply the odbl?

I will try to play this through using the example of a "virtual" 
game:"Simcity OSM" and Mark questions with Qn:

Let's say the game should use only street,river and rail-data and the 
task of the game would be to build up a new city based on the given 
osm-data.

Workflow: 1) I build a converter that takes osm-data and produces the 
reduced data (filtering streets,rails,rivers and mapping to my own 
coordinate-system). Since this already is a derivate this data is under 
odbl again. There seems to be two options:

a)provide the data as data-files

b)provide the converter that produces the filtered data in readable-form 
(e.g. xml)

Q1) Is that right understood? If choosing b) The game itself can use a 
proprietary version of that data?

2) The game reads the data as created by the converter, meaning that I 
have something like a "live-version" of my new odbl derivate. When I now 
build a house at coordinate x/y I would have changed the database-again, 
meaning this need to be provided somehow!?

Q2) Creating this live "fantasy-data" still creates a derivate, right? 
So would a live-export-function be ok, sufficent or even not necessary? 
(Actually it sounds like a quite cool idea :D)

Q3) If there would be this "live-data" option, would be providing the 
converter still be necessary?

3) Of course inside the game it is mentioned (in the credits!?) that the 
data is a derivate of osm.

Conclusion: To be honest, while writing this, I don't see a problem 
anymore, as there wouldn't be a problem for me to provide something like 
"live-views" of the data. But it would be nice to hear some comments if 
I'm right, about the way to handle the data!?

--

-- 
Frederik Ramm  ##  eMail frederik@...  ##  N49°00'09" E008°23'33"
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Pekka Sarkola | 10 May 12:25
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FW: NLSF & OSM license check / comments needed

Sorry,

 

I think I choose first wrong email list.

 

Pekka

 

 

From: Pekka Sarkola [mailto:pekka-WYc8CWcT+gE@public.gmane.org]
Sent: 10. toukokuuta 2012 13:15
To: 'legal-general-3+rWM/WnaLOn4i5uJCXUsti2O/JbrIOy@public.gmane.org'
Subject: NLSF & OSM license check / comments needed

 

Dear Friends,

 

This legal-lists seem to be quite quiet. So, maybe you all have plenty of time to discuss about National Land Survey of Finland (NLSF) license vs. OSM licenses.

 

As you may know, NLSF has released all their topographic information for free use. Their license is open, more open than OSM (CC-BY-SA or ODbL). I think. You can read NLSF’s license terms: http://www.maanmittauslaitos.fi/en/NLS_open_data_licence_version1_20120501

 

It seems that quite OSMers in Finland like to benefit NLSF data sets. We have good discussion going on about imports,  background map/imagery usage etc. Mainly discussions will be in Finnish on IRC, forums and mailing lists.

 

Now we have also some legal questions and I’d like to hear your comments:

·         Is NLSF Open Data license compatible with OSM current and new license?

·         If we import NLSF data, we need to add link to their license into http://www.openstreetmap.org/copyright/en. Right?

·         Contributors: we need to add NLSF to this page: http://wiki.openstreetmap.org/wiki/Attribution. Is there any “format” what they should answer? Should this demand come from OSMF or can I do it?

·         NLSF terms of use, section 2.2 last bullet:
…remove the name of the Licensor from the product or service, if required to do so by the Licensor….
Some people think that this is barrier and OSM license won’t accept this. Personally I don’t see any problems with this. If we import NLSF data to OSM (and we have mentions in wiki about their copyright etc.) and in the future NLSF demands to remove their name, we can remove it from wiki pages. We don’t include NLSF name in every single copy (digital and/or analog) and we don’t clear NLSF names from OSM copies.

 

If you have any questions, please don’t hesitate to ask in the list or directly. I also promise to act as contact person between OSM and NLSF, there is already some confusion and I will make separate email about that.

 

Rgs,

 

Pekka

 

--

Pekka Sarkola

Gispo Oy

pekka.sarkola-WYc8CWcT+gE@public.gmane.org   - GSM +358 40 725 2042

www.gispo.fi – www.paikkatieto.com

 

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Robert Whittaker (OSM | 9 May 10:08
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Attributing Sources used in OSM

I've just been given permission to use some UK Local Government data
relating to Public Footpaths and other Rights of Way in OpenStreetMap,
under the terms of the Open Government License (OGL) [1]. In return
the County Council is asking for a standard attribution based on the
example given in the license. So far, so good.

Assuming that local mappers agree if and how we make use of the data
(ongoing discussion on the talk-gb lists), can I check that the right
place to put this attribution would be in the wiki at
http://wiki.openstreetmap.org/wiki/Contributors ?

Secondly, if that's the case, then surely there needs to be an obvious
way to reach that page from the main OSM page. From
http://www.openstreetmap.org/ , I can easily get to
http://www.openstreetmap.org/copyright by following the "Copyright &
License" link in the left-hand bar. But, unless I'm missing something,
the trail then runs cold. That page contains a few attribution
statements / acknowledgements for major data providers, but I'd have
thought it should also link to
http://wiki.openstreetmap.org/wiki/Contributors for further detail and
additional statements. Should a link along the lines or "For further
details about these and other sources used to compile the map, please
see ..." be added just below the bulleted list of countries near the
bottom of http://www.openstreetmap.org/copyright ?

(Ok, so you can get to http://wiki.openstreetmap.org/wiki/Contributors
from the main page by clicking "Documentation" on the main OSM page,
and then "Contributors" from the left-hand bar of the wiki. But given
the presence of the "Copyright & License" on the main page, and the
attribution statements contained at
http://www.openstreetmap.org/copyright , I don't think a reasonable
person would consider looking anywhere else for additional
attributions.)

Thanks,

Robert.

[1] http://www.nationalarchives.gov.uk/doc/open-government-licence/

--

-- 
Robert Whittaker
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Richard Weait | 3 May 20:07

OpenStreetMap attribution in iPhoto

Looks like Apple is now crediting OpenStreetMap in version 1.0.1 of iPhoto,
as reported by OSMer Beelsebob, on #osm IRC  :-)

http://cl.ly/421B0u2r0u0J3o0I3e3s
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Paul Norman | 3 May 01:17
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BC Open Government License

The BC government has released data under the Open Government License for
Government of BC Information[1] which is based on the same license used for
OS OpenData information[2]. OS OpenData can be used in OSM[3]

The OGL BC is, broadly speaking, an attribution only license that makes
allowances for attribution where combining information from multiple
sources.

The only potential concerns are under section 7, exemptions, and section 10,
governing law.

7a and 7b cover information that the FIPPA act prohibits the disclosure of.
The government does not have the authority to grant permission to use
information FIPPA prevents the disclosure of so even if these clauses were
not present it would not change what they had licensed.[4]

In practice this is a non-issue since the type of data that would be of
interest to OSM is not personal information that the government is
prohibited from disclosing. These terms are also of the BC equivalent of the
OS terms.

7c states that the government does not license what it doesn't have the
rights to license. Without this term they would still not be granting a
license to information they can't license.

7d is not an issue. There is no database directive in BC and otherwise the
term is the same as the OS term

10 is the same as the OS term.

Given that the OS license is already acceptable I see no reason why this
license is also not acceptable.

[1]: http://www.data.gov.bc.ca/dbc/admin/terms.page
[2]:
http://www.ordnancesurvey.co.uk/oswebsite/docs/licences/os-opendata-licence.
pdf
[3]: http://wiki.openstreetmap.org/wiki/Ordnance_Survey_Opendata
[4]: FIPPA would override the license.
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rob.j.nickerson | 30 Apr 17:38
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Confirmirmation on Natural England OGL data required

Hi All,

Can someone please confirm that I am able to make use of the Natural England data released under the Open Government Licence. I was under the impression that this licence is compatible with OSMs CTs and ODBL licence, however the line about attribution has left me unsure. I am currently exploring how best to use this data (so far the quality looks good - as if boundaries have been determined from 1:10000 or better Ordnance Survey maps), and am discussing this on talk-gb.

https://docs.google.com/open?id=0B6J5ZA1hu93bVnhYbHNaVVVnWWM

http://www.naturalengland.org.uk/publications/data/gidatasetsfeature.aspx

Thanks,
RobJN

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Rob | 18 Apr 22:55
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Share-Alike requirements for other data sources?

Greetings & Salutations,

Thank you in advance for taking the time read and respond to this message.

After reading numerous  webpages regarding the OSM license I am still unclear regarding Share-Alike implications. 

I would like to confirm that I would not be required to license my sql db as Share-Alike.

Regarding OSM it is my goal to build a tile server based on OSM for serving map tiles for use in a commercial website project that will be accessed by the general public at no charge.

The website currently stores and retrieves data from a sql db containing information regarding various points of interest ( POI ) 

I would like to be able to places maps ( static / slippery ) generated by the tile server on various web pages throughout the website and then display a push pin(s), flag(s) or marker(s) in a separate layer above the map to highlight the location of the POI . 

Would it be required to share the data from the sql db containing the various points of interest or data which the general public has entered regarding those POI ?

It is not that I do not want to contribute to OSM it is that I need to be able to control, for various reasons, what is contributed to OSM from this project.  

From the following pages it appears that I would NOT be required to license my sql db as Share-Alike. 

http://www.osmfoundation.org/wiki/License

If you have a website using OSM-derived map tiles, Share-Alike applies to the map tiles. If you then put separate and distinct data layers on top, such as icons showing specialists points of interest or routes, track logs and the like, then Share-Alike does not apply to these elements as long as they do not interact with the map underneath.


Use Cases using OSM data and also other data sources
==================================================================
On-line map service using OSM data together with other data sources

The User wishes to combine OpenStreetMap data with other data sources to use on a web based service. The additional data could be one of nasa height data, public transport schedules, census data or many others. They may not wish, or may not be allowed to release the other data source as ODbL; it may for example be only available under '(C) all rights reserved' or on a 'non-commercial' license etc. The user does not improve or modify the OSM data, but does convert it into a suitable format for their application.

OK - Collective DB, but still requires the notice. 


Overlaying OSM maps with information without need to contribute back

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 park's noticeboard. They do not wish to be expected to contribute this information back to OSM.

• For the purposes of this use-case would rubbish bins be a better example than butterflies? User:80n

OK - Collective DB. Maybe not Substantial, but still needs the notice.


Thank you once again for your time.

Best Regards,
Rob
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Kate Chapman | 16 Apr 16:14
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Signing of Contributor Terms

Hi All,

Would it be possible to have someone sign the contributor terms rather
than login to accept them?

If I understand things correctly if I am talking to a data provider
who has released their data ODbL they would still need to accept the
contributor terms to allow the relicensing of the data at some point?
Is this correct?

To follow in the import guidelines better I think rather than having
them login and dump the data into OSM it would be better to have a
copy of the contributor terms to be signed for that data set.  With
governments giving them an actual physical document would likely be
the easiest. Then the OpenStreetMap community could decide what to do
with that data since it would be licensed appropriately and have
contributor terms associated with it.

Best,

-Kate
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Rob | 12 Apr 20:22
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OSM for a commercial non CC licensed web site?

Hello,

Is it permitted to use the OSM data to create a map server to server tiles for a commercial non CC licensed web site?

If it is permitted would the commercial web site then be required to be licensed under CC-By-Sa or some other
Creative Commons license or would only the map tile generated be under a CC license?

Currently the commercial web site has a db of addresses, businesses and points of interest.  If these
address were overlaid or placed via some type of marker / pin or layer superimposed on top of the generated
map tiles would that then require the current db of addresss and points of interest to be re-licensed under
some type of Creative Commons license.

This is not a matter of not wanting to contribute something back to OSM it is a matter of being able to control
what is contributed. 

Thanks for your time.
Rob
The Newbie
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