Hi,
Eldad Yamin wrote:
1. If FS will buy POI from a third party and those POI are under a
license that isn't CC-BY-SA
a. Can FS show the 3rd party POI along with the POI that are under
CC-BY-SA on the OSM map?
Yes, certainly. CloudMade does that, or at least used to do it.
b. Can FS keep the 3rd party POI original license intact while
they being published using the OSM map (1.a)?
We generally say that if the layers are transferred to the client
separately then yes; if OSM is merged with other data then no, but this
is just an interpretation used by many in the project and not a legal
certainty.
c. Under which license derived data should be if it was made using
data that is under CC-BY-SA license along with the data that
was purchased (that isn't licensed under CC-BY-SA)
Anything derived from CC-BY-SA data must always be CC-BY-SA too.
2. FS built an API for their mobile APP
a. Can FS enforce that the API itself is used only for
none-commercial usages by adding this term to the T&C on the
registration process?
If you publish something under CC-BY-SA you can never exclude commercial
use. You can, however, exclude commercial use of your infrastructure.
This means that you could say "only noncommercial users may download
from my web server", but if someone else then noncommercially sets up a
mirror that can also be used by commercial users, you cannot prohibit that.
3. How do you define "derived data", let's take the following
situation as an example:
1. an FS user wants to create a new POI.
2. The user is asked to enter the POI address.
3. The data is saved.
4. The user is asked to confirm the POI by showing it on the map.
5. if the user want to current is data, there are 2 options
to current the data:
5.1. The process will re-start from 3.2.
5.2. The user can fix it on the map.
a. is this derived data? if so, under which step it become derived
data?
If OSM data is instrumental in the point being created then it is
certainly a derived work. (It isn't a derived work until step 3.3
because OSM data only comes into play in 3.4.)
Bye
Frederik
--
Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33"
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