Jukka Rahkonen <jukka.rahko...@latuviitta.fi> wrote on 19/08/2011 06:30:29
PM:
> The blue sea is coming from one database, borders from another and red
OSM
> motorways from a third. All with one request and end user cannot
separate the
> sources from the png image.
This use-case has been discussed many times on this list, and it may be
worthwhile for you to look back through the archives to see the results of
these discussions.
Although most opinions are given by non-lawyer types, I would say that
there is that a fair consensus of opinion that if the OSM data is
maintained in a separate database, and presented as a separate layer (say
using open layers) then it can be treated as separate.
There is little definitive in the way of legal interpretation on this, and
most people are applying their own interpretation of the licence, and
yours may be as good as anyone else's. ODbL at least may simplify the
situation with the resulting tiles when the licence is switched. It is,
however, entirely within the bounds of possibility that the current
licence may apply virally to any combined tile you could produce with OSM
data on it, and if you will suffer loss if it does, then you should seek
legal advice and not rely on this list.
Even in your worst case you only have to licence what you distribute under
CC BY-SA. That which is undistributed can remain unencumbered, and you
are under no obligation to distribute it. In other words if you don't
distribute your data except as rendered tiles you only need to apply the
licence to the tiles, and the modified data or other databases can be kept
secure and do not need to be shared.
Ian.
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