On Monday 16 December 2019, matthias.straetl...@buerotiger.de wrote:
>
> Okay, I'll canceld all plans to use OpenStreetMap for this task.
> I've contacted several commercial data providers and hope to get
> offers tomorrow.

In general (not necessarily specifically in your case - i don't know
enough about it to make that assessment) i think this is a good
approach if you have troubles with the share-alike provisions of the
ODbL.  If you want or need to keep a proprietary data set proprietary
it is natural that you have limitations in using it together with open
data with a viral license.

This is definitely a better approach than trying to find loopholes in
the license with brute force and wishful thinking.  Even if that is
possible and you can present an interpretation of the wording of the
ODbL that supports your use case without share-alike this was clearly
not the intention of the OSM community when adopting the ODbL to do so.

You need to be aware of course that the big corporate data users will
keep looking for loopholes - real or imagined - to achieve a
competitive advantage.  Like in the tale of the frog and the scorpion:
It is in their nature.  So if you respect the spirit of share-alike in
the ODbL you will always be potentially at a competitive disadvantages
to the corporate data users who simply don't give a damn.

The even better approach is of course to adopt the spirit of open data
and use OSM data together with other data sources embracing
share-alike.  Unfortunately so far the OSMF has not provided much
guidance on how to correctly do that, i.e. how to share share-alike
data sets practically.  The LWG unfortunately currently focuses on
guidance on how to avoid share-alike and attribution as much as
possible.

> I didn't expected OpenStreetMap to be such non-free and permissive
> :-(

The usual view is that share-alike provisions do not make something
non-free or non-open because they are meant to protect and extend the
freedom and only constrain users of truly non-free data.  But anyone
can have a different opinion on that of course.

Both share-alike and attribution play an important role in OSM in the
social contract between mappers and data users.  In return for being
able to use the results of the work of the mappers for free, data users
are required to share improvements of the data or the results of
producing something of additional value in combination with other data
under open license terms.

--
Christoph Hormann
http://www.imagico.de/

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