[OSM-legal-talk] OSM data grant

2009-06-17 Thread Marc Roussel
Hi,
i'm consultant in GIS and cartography domain. Can i use OSM shape data for my 
work?
 I make and sell digital maps, and i sell may compositions in raster format.
 My end product is an elaboration  datas, vector + raster.
My question is if i can use OSM shape data for sale my etaboration rasters maps.

Regards

Marc Roussel



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[OSM-legal-talk] post-migration terms for maps rendered by OSM?

2009-06-17 Thread Mike Linksvayer
This may be a stupid or uninteresting question. Or the answer may be
obvious and I've completely missed it. Apologies in any of those
cases.


Currently I understand that all data and content on OSM is available
under CC BY-SA.  That is suboptimal for databases, which of course is
why ODbL is desired (or some instrument appropriate for databases,
I'll completely ignore the PD vs copyleft debate here, hoping it isn't
relevant to my question). At least one important re-user uses maps
rendered by OSM under CC BY-SA --
http://commons.wikimedia.org/wiki/Category:OpenStreetMap_maps

Under what terms will maps rendered by OSM be available after the
database is migrated to ODbL?  I can imagine some possibilities such
as

(a) Rendered maps will be under the permissive Database Contents
License http://www.opendatacommons.org/licenses/dbcl/  -- replacement
for the Factual Information License mentioned at
http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ#What_alternative_licence_is_the_OSMF_recommending.3F

(b) Rendered maps will be under the ODbL itself.  I guess that could
be read into 
http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ#How_does_this_affect_Wikipedia_and_other_projects_that_want_to_use_our_maps.3F

(c) Rendered maps will be under some other terms distinct from the
database or database contents (CC BY-SA, public domain ...)

I'm not sure rendered maps are really "database contents" and they
don't seem to be databases themselves, though I guess one could make a
stretch for either. And (c), while not a stretch (maybe, modulo
related question below) isn't mentioned in the FAQ. so I'm assuming it
isn't on the table.  Which is it, or something else I'm completely
missing?


Related question:

Presumably the above question only applies to maps rendered by OSM.
One could presumably take the database under ODbL, render their own
map, and release under any terms compatible with satisfying the
notice/attribution requirement of ODbL for produced work -- 4.3 in
http://www.co-ment.net/text/1280/ -- which presumably includes any of
the main CC licenses, as well as many other possible release terms. Is
this correct?


Very marginally-related and even more probably stupid question:

What terms will non-map/data/database OSM contents (ie the wiki and
maybe other things I don't know about) be under post-migration?  Same
as current, ie no migration, ie CC BY-SA, or migration to something
else?


Why do I ask?

Mostly because I couldn't find the answer (I have read recent threads
about produced works and didn't find it therein). :-)  And I'm hoping
that maps rendered by OSM (by far the most convenient source of maps
rendered with OSM data) may be combined with CC BY-SA works so that
another incompatible set of copylefted content isn't created, given
that the biggest incompatibility in the copylefted content universe is
about to be eliminated (Wikimedia sites adding CC BY-SA of course).  I
can imagine that this could be the case under any of (a), (b), or (c)
above, but I'd like to know for certain.

I do work for Creative Commons, but note that I'm not a lawyer, am not
stating a position for CC, and only talking about rendered maps, not
data or databases!


Thanks,
Mike

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Re: [OSM-legal-talk] OSM data grant

2009-06-17 Thread Tyler
Hi Marc,
I am not a lawyer, and I don't speak with any authority on either the legal
implications of the license or on behalf of the OpenStreetMap Foundation.
And no part of this e-mail constitutes legal advice, talk to a lawyer
familiar with intellectual property law.

The data for OSM is licensed under the Creative Commons Attribution-Share
Alike 2.0 license (see: http://wiki.openstreetmap.org/wiki/License ),
currently. Which means that you are free to do whatever you like with the
data, print out maps and fold them into hats, give them to your family.
Derive works from them and use them in art (as Meg Scheminske has done with
Google Map's--though her use may not be legal--see:
http://www.flickr.com/photos/zachklein/3609217246/ .)

But you must attribute OpenStreetMap with their part of the data and make
note of the license they use. And more importantly the
resulting derivative work must be re-released with a Share Alike compatible
license. That is, there is nothing stopping you from Making a map and
selling it. But once people have that may they are free to make copies of
that map and use it however they see fit (printing it in a
book, plasticizing it and selling it, using it in a derivative art piece)
provided they too attribute your work (and that of OSM) and re-release their
product with a Share Alike compatible license

Read the full license at
http://creativecommons.org/licenses/by-sa/2.0/legalcode and see the
OpenStreetMaps Legal FAQ at http://wiki.openstreetmap.org/wiki/Legal_FAQ

So my take on your situation is that you could use the OpenStreetMap data
just fine, but since you're a consultant whomever you are consulting for
would have to sign off on your end product being liberally licensed. I know
this would not work if you were making say wind resource maps for a company
planning to sell that data, but may be acceptable if you were making maps
for a non-profit company or public entity.

Best of luck,

-Tyler

On Wed, Jun 17, 2009 at 7:45 AM, Marc Roussel wrote:

> Hi,
> i'm consultant in GIS and cartography domain. Can i use OSM shape data for
> my work?
>  I make and sell digital maps, and i sell may compositions in raster
> format.
>  My end product is an elaboration  datas, vector + raster.
> My question is if i can use OSM shape data for sale my etaboration rasters
> maps.
>
> Regards
>
> Marc Roussel
>
>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk
>
>
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Re: [OSM-legal-talk] post-migration terms for maps rendered by OSM?

2009-06-17 Thread Ulf Möller
Mike Linksvayer schrieb:

> http://commons.wikimedia.org/wiki/Category:OpenStreetMap_maps
> 
> Under what terms will maps rendered by OSM be available after the
> database is migrated to ODbL?

That will be up to the people doing the rendering. For maps rendered on 
  Wikimedia servers (see http://meta.wikimedia.org/wiki/OpenStreetMap), 
CC-BY-SA would seem like an obvious choice, but it's up to them.

> (b) Rendered maps will be under the ODbL itself.  I guess that could
> be read into 
> http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ#How_does_this_affect_Wikipedia_and_other_projects_that_want_to_use_our_maps.3F

I have just updated that FAQ. It was referring to an early out-of-date 
draft of the ODbL.

> One could presumably take the database under ODbL, render their own
> map, and release under any terms compatible with satisfying the
> notice/attribution requirement of ODbL for produced work -- 4.3 in
> http://www.co-ment.net/text/1280/ -- which presumably includes any of
> the main CC licenses, as well as many other possible release terms. Is
> this correct?

Yes.

> What terms will non-map/data/database OSM contents (ie the wiki and
> maybe other things I don't know about) be under post-migration?  Same
> as current, ie no migration, ie CC BY-SA, or migration to something
> else?

I'm not sure if this has been discussed yet, but I don't see any reasons 
for changing it.

>  And I'm hoping
> that maps rendered by OSM (by far the most convenient source of maps
> rendered with OSM data) may be combined with CC BY-SA works so that
> another incompatible set of copylefted content isn't created, given
> that the biggest incompatibility in the copylefted content universe is
> about to be eliminated

Compatibility with open content licenses has been an important point for 
us in working with ODC. One of the changes in the latest ODbL draft was 
made "in order to remove any possible concerns about license 
compatibility on Produced Works". We believe that ODbL now is fully 
compatible with licenses such as CC-BY-SA or GFDL for rendered maps.


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