Hi Stefan, and thanks for writing to this mailing list. Your case is not much different from geocoding, when you borrow some attributes (addresses, or in your case, POI or landuse tags) from OSM and put it into a proprietary database. That would clearly make a derived database out of your proprietary one, so you would have to provide it under an open license.
Now, if you are not giving any access to the resulting database outside a private network, that may be considered not using it publicly, in which case the whole license does not apply. Section 4.2 starts with "If You Publicly Convey this Database, any Derivative Database, or the Database as part of a Collective Database, then You must", so this depends on how non-public your system is. I hope somebody else here can elaborate on this. IZ > 22 июля 2016 г., в 5:46, Stefan Jäger <s...@geomer.de> написал(а): > > Dear all from legal-talk, > > We have the idea of using OSM data for an enrichment process in order to > improve the attributive information of proprietary building footprints. > > Let me briefly explain, what the purpose of using OSM for our enrichment > process is. > > We are developing a data product for building footprints that is based on > 3D-building data from the official German surveying authorities (there 16 of > them) . > The license of these data is not open, neither for the original data nor the > data product we plan to produce. > > These original data are rather heterogeneous with respect to quality , > quality not in the sense of geometrical correctness or completeness but in > the sense of building function attributes (residential, official, hospital, > etc.). > Our Idea is to use OSM data in a quality improvement process for the building > types, in combination with other processes like analyzing the shape and/or > size of buildings. > > An example: > Suppose we have a building footprint from our data which has no information > on the building type. > We now take the centroid of that building and analyze the underlying osm area > information , which is, let’s say an industrial complex. > We would then assign the official code, let’s say ‘4711 (industrial)’ to that > building. > > Another example: > Again, suppose we have a building footprint of our data which has no > information on the building type. > We would than take OSM amenity (point) information and check whether there > are many shops (points) inside that building polygon. > We would then designate the building a shopping mall (provided a certain size > criterion derived from the original data source is met) and assign it the > code 1234 for shopping mall. > > My question now is: if we enrich our data (with only underlying attributes, > no geometry from OSM at all) with such a process using OSM data, is this then > a produced work (or a collective database) or would I have to license my > enriched data product under the odbl, which I would not be allowed to do, > because it would conflict with the license of the main data source? > > The final data product itself is not intended for public use (e.g. on > publicly accessible websites) or display, which is forbidden by the original > license in the first place. > It will not have any osm information or reference to osm entries in the > final data product. > > I have read the text here: > https://wiki.openstreetmap.org/wiki/Open_Data_License/Horizontal_Layers_-_Guideline > in particular the last paragraph “Combining OSM data with proprietary data?” > … > But what happens in case a legal entity wants to combine OSM data with > third-party data? Let's assume the third-party data is proprietary, e.g. a > list of restaurants that was bought by the legal person with the right to > publicly use it, but of course not publicly release it. > …. > > Unfortunately this question has not been answered yet. > > Of course I am more than happy with acknowledging OSM as an additional data > enrichment source. > > I would also be happy to support the OSM project. > > Most importantly, I need to be on the safe side. > > Thanks for feedback! > > Stefan Jäger > > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
