On 7 June 2013 01:56, Alex Barth <a...@mapbox.com> wrote:
> With two State of the Map conferences coming up now and plenty of
> opportunities for face time, I'd like to restart our conversation around
> clarifying the ODbL's implications for geocoding and get to a result. Over
> here at MapBox we're hoping to use OpenStreetMap soon as much as possible
> for geocoding (right now we don't) and we'd like to do this on firm legal
> ground. I know that others have raised similar questions in the past [1].

For the avoidance of doubt, could you clarify exactly what you mean by
"geocoding" here? I presume it would be something along the lines of
taking some form of location description (e.g. a typical written
address), searching for an appropriate match in an OSM-derived
database, and then returning the latitude and longitude coordinates
associated with the matching OSM object. This process could possibly
be repeated many times, once for each record with a location
description in an external database.

In that case, then from a philosophical point of view, I think I'd
agree that other data about the location found in the database
shouldn't be tainted by share-alike. But at the same time, I don't
think that the coordinates should be available to be completely freely
used by the person obtaining them. As for the actual location data
used in the search, I think that's a more difficult question. On the
one hand, it's sort of necessary to do the search and interpret the
coordinates, so we'd want it to be shared). On the other hand, while
individual location data items aren't really proprietary, the
collection of them could be (e.g. identifying a set of customers), so
there may be reasons why it wouldn't be appropriate to share it.

My reasoning behind not wanting to allow the coordinates to be used
freely would be that I could, for example, produce a list of all
possible post box reference numbers in the UK since they're always a
postal district plus a 1-4 digit number. Then I could use OSM to get
coordinates for each reference number where it existred. If I was able
to freely use the resulting data without any restrictions, I'd then
have a public-domain dataset of all the post box locations that were
in OSM, sidestepping the share-alike provisions of ODbL. I think this
would be unacceptable.

It seems to me, that each location description (whatever was used to
search in OSM) plus the returned coordinates should probably be
regarded as a derivative database, which then forms part of a
collective database with any other (possibly private) data associated
with the location description. It's only if you "publicly use" the
data that the share-alike provisions kick in, and then you'd only need
to share the location descriptions and coordinates for points that are
shown to a user (which would probably be visible to them anyway).
Remember that the share alike provisions only apply to those receiving
the "public use" of the work. So if you only provide something based
on the data to a particular customer, that's the only person you have
to allow share-alike use to. (Of course there's nothing to stop the
customer sharing that data further, but that's up to them.)

Would something like this be a problem for any of the use cases that
you have in mind?

Of course, if you can argue that your geocoding results are
"insubstantial" under the ODbL then you can do what you want with
them. The above would only apply to "substantial" uses.

Robert.

-- 
Robert Whittaker

_______________________________________________
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk

Reply via email to