Let me get into detail is this project to proof that this case isn't constructed.
We've purchased geodata with real estate prices (houses & flats) for Germany's federal state "Northrhine Westfalia". Each row has coordinates in WGS84. The TOS of the purchhased dataset state, that it's not allowed to relicense the pricing data or the coordinates under another license. So we can't go ODbL here.
We want to extract postcode areas (more than 100 nodes) from the OSM database and merge them into sensefull peaces, like market regions. Of course, we can release those new areas, since they're clearly ODbL.
Using this market regions, we would like to calculate the average housing and flat prices and display them on a map. We also would like to display the exact position on a new layer (not mixed with OSM data).
I've seen plenty of websites displaying such prices, especially newspapers. All were based on Mapbox or Carto.
Gesendet: Donnerstag, 12. Dezember 2019 um 20:31 Uhr
Von: "Simon Poole" <si...@poole.ch>
An: legal-talk@openstreetmap.org
Betreff: Re: [OSM-legal-talk] use OSM data to select proprietary data
Von: "Simon Poole" <si...@poole.ch>
An: legal-talk@openstreetmap.org
Betreff: Re: [OSM-legal-talk] use OSM data to select proprietary data
Yes, if a Derivative Database was created in the first place, and that is not clear at all, see:
“Derivative Database” – Means a database based upon the Database, and
includes any translation, adaptation, arrangement, modification, or any
other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or
Re-utilising the whole or a Substantial part of the Contents in a new
Database.
Essentially the question is if the envelopes of the extracted points are a substantial extract of our data (because they represent the residual information/data from OSM), while it is obviously possible to construct cases were this would be the case, in the typical relatively sparse POI scenario I don't quite see that.
I don't particularly like engaging in these discussion because they tend to end up being arguments about how many angels can stand on a pin and are not answerable outside of the detailed specifics of the actual use case (which are typically not available).
Simon
Am 12.12.2019 um 20:05 schrieb Nuno Caldeira:
_______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talkhttps://opendatacommons.org/licenses/odbl/1.0/index.htmlthe license is quite clear and 4.2 applies to the case you mention. any use of OSM data (over 100 nodes) combined with proprietary data results in more open data under ODbL.we are here to create more open data, not to feed proprietary data than is lock under their TOS.On Thu, 12 Dec 2019, 18:53 , <matthias.straetl...@buerotiger.de> wrote:> From a practical point of view, boundaries in OSM rarely originate from surveys,
> you might be lucky to be able to identify the original source (most likely open data)
> which may have a more liberal license than ODbL (check the history and changeset
> source tags / object source tags).
But I neither want to merge OSM data or add it to my data. I just want to use it to
select points of my dataset.
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