Re: [OSM-legal-talk] new use case

[Simon Poole]

Am 02.03.2015 um 21:51 schrieb Jennifer Bauman:
> Thank you all for your responses. I apologize for the vagueness - this
> is a highly confidential project. 
> 

I suspect you will be better served by asking your question on
legal-questi...@osmfoundation.org Just as here we can naturally not
dispense formal legal advice, but at least you can give us enough
information so that we can point out issues, if any, with your plan.

Simon



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Re: [OSM-legal-talk] new use case

[Jennifer Bauman]

Thank you all for your responses. I apologize for the vagueness - this is a
highly confidential project.

We would like to use the Overpass API (
http://wiki.openstreetmap.org/wiki/Overpass_API) which I believe is made
for read-only purposes, which is what we need. We would be well below the
10,000 calls per day, at least for the foreseeable future.

So, if we could find a way to credit OSM on the packaging of the product,
would this be a legit use?

Thanks very much,
Jen

On Mon, Mar 2, 2015 at 2:30 PM, Richard Weait  wrote:

> I'm pretty sure that Martijn means "does NOT allow", rather than "now".
> :-)
>
> So, whatever you are planning, Jennifer, hitting the editing API is
> probably going to get you some unwanted attention.  There are other
> ways to access the OpenStreetMap data, and you'll want to make sure
> that you are using one of those approved methods that is suitable to
> your use case.  To be clear, accessing and using OpenStreetMap data is
> "okay", all else being equal. Causing inappropriate stress on
> OpenStreetMap Foundation resources is not okay. Let's presume that you
> are going to use the replication data method to keep a local and
> current version of OpenStreetMap data, so you won't be loading the
> editing API.
>
> What you describe in very general terms does sound like case 3 from
> that wiki page, [1]. "I want to publish something based on
> OpenStreetMap data and my own data."
>
> So where you ask, "1) is this allowed,"  I would say, "yes, the
> license grants you permission so long as you comply with the terms of
> the license."
>
> and where you ask "2) If so, how would I give credit if nothing is
> displayed? Or would I not have to give credit since no map or direct
> data is displayed?"
>
> This answer is more complicated.  You are obliged to give credit, that
> is one of the license terms.  So if you fail to give credit, you
> haven't got a license to use and republish the data.  Additionally,
> there is the share-alike obligation.  So, if that applies, you'll have
> to meet that obligation as well.  You've been very general about the
> nature of the external data you plan to consult, so I don't know if
> you'll have an obligation to share-alike.
>
> How would you give credit?  You should do so in a manner suitable or
> customary to the medium.  Consider the TV credit roll mentioned in the
> wiki.  For say, cupcakes or ear rings made with OpenStreetMap data, I
> would expect a notation on the packaging.  For a wall clock, or
> coasters, I would expect a label on the back.[2]  For electronic
> hardware I'd expect credit in the firmware and the documentation.  So,
> in short, the credit should be where a user, or consumer, or developer
> (or mapper) would expect it.  Credit shouldn't be somewhere hidden
> behind a disused file cabinet.  :-)
>
> Best regards and happy mapping,
> Richard
>
> [1]
> http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_3:_I_want_to_publish_something_based_on_OSM_and_my_own_data
> [2] http://weait.com/coasters.png
>
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-- 

Jennifer Bauman

Director, Vehicle Modeling | CrossChasm Technologies

Phone: 519.342.7385

Toll-Free: 1.800.975.2434

Email: jbau...@crosschasm.com

Web: www.crosschasm.com
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Re: [OSM-legal-talk] new use case

[Richard Weait]

I'm pretty sure that Martijn means "does NOT allow", rather than "now".  :-)

So, whatever you are planning, Jennifer, hitting the editing API is
probably going to get you some unwanted attention.  There are other
ways to access the OpenStreetMap data, and you'll want to make sure
that you are using one of those approved methods that is suitable to
your use case.  To be clear, accessing and using OpenStreetMap data is
"okay", all else being equal. Causing inappropriate stress on
OpenStreetMap Foundation resources is not okay. Let's presume that you
are going to use the replication data method to keep a local and
current version of OpenStreetMap data, so you won't be loading the
editing API.

What you describe in very general terms does sound like case 3 from
that wiki page, [1]. "I want to publish something based on
OpenStreetMap data and my own data."

So where you ask, "1) is this allowed,"  I would say, "yes, the
license grants you permission so long as you comply with the terms of
the license."

and where you ask "2) If so, how would I give credit if nothing is
displayed? Or would I not have to give credit since no map or direct
data is displayed?"

This answer is more complicated.  You are obliged to give credit, that
is one of the license terms.  So if you fail to give credit, you
haven't got a license to use and republish the data.  Additionally,
there is the share-alike obligation.  So, if that applies, you'll have
to meet that obligation as well.  You've been very general about the
nature of the external data you plan to consult, so I don't know if
you'll have an obligation to share-alike.

How would you give credit?  You should do so in a manner suitable or
customary to the medium.  Consider the TV credit roll mentioned in the
wiki.  For say, cupcakes or ear rings made with OpenStreetMap data, I
would expect a notation on the packaging.  For a wall clock, or
coasters, I would expect a label on the back.[2]  For electronic
hardware I'd expect credit in the firmware and the documentation.  So,
in short, the credit should be where a user, or consumer, or developer
(or mapper) would expect it.  Credit shouldn't be somewhere hidden
behind a disused file cabinet.  :-)

Best regards and happy mapping,
Richard

[1] 
http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_3:_I_want_to_publish_something_based_on_OSM_and_my_own_data
[2] http://weait.com/coasters.png

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Re: [OSM-legal-talk] new use case

[Simon Poole]

Am 02.03.2015 um 18:08 schrieb Jennifer Bauman:
> Hi,
> 
> I'm thinking of using OSM in a way that I believe is different that the
> use cases discussed
> at http://wiki.openstreetmap.org/wiki/License/Use_Cases and I would like
> to know what the license requirements would be for this use case.
> 
> The use case is:
> 
> A company uses the OSM API to gather data for certain routes. They then
> perform internal calculations of this and other data from other sources.
> OSM data is a small portion of the data used. The result of their
> calculations is used in a vehicle application (i.e., displays a value on
> a dashboard or changes how the vehicle operates).
> 
> 1) Is this allowed?

Taking what Martijn has already answered in to account (that you can't
actually use what we understand as the "OSM API" in that fashion, but I
expect you didn't actually want to do that in the first place), why
wouldn't you be allowed to? The current OSM distribution licence does
not restrict who or how you can use OSM data, except that you may have
have some obligations that you need to fulfil in certain use cases
(without knowing details it is difficult to detail what they would be,
if any).

> 
> 2) If so, how would I give credit if nothing is displayed? Or would I
> not have to give credit since no map or direct data is displayed?
> 

Naturally the obligation to attribute OSM does not go away just because
you are not displaying a map. In you case showing it on a splash screen
on start up of the application/car/whatever could be a possible
solution. You simply need to make the consumer/user of your application
aware of the source of the data.

Simon


> Thanks,
> Jen Bauman
> 
> -- 
> 
> Jennifer Bauman
> 
> Director, Vehicle Modeling | CrossChasm Technologies**
> 
> Phone: 519.342.7385
> 
> Toll-Free: 1.800.975.2434
> 
> Email: jbau...@crosschasm.com 
> 
> Web: www.crosschasm.com 
> 
> 
> 
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Re: [OSM-legal-talk] new use case

[Martijn van Exel]

Hi Jennifer --
The OSM API does now allow or support systematically gathering data like
that, which is also stated on the API wiki,
http://wiki.openstreetmap.org/wiki/API#Terms_of_use. This OSM API is meant
to support map editing applications.
Even if you would gather the OSM data in some other way though, it would
probably depend: how small is 'a small portion'? What OSM data is mixed
with what other data and what is the license for that other data?
Martijn

On Mon, Mar 2, 2015 at 10:08 AM, Jennifer Bauman 
wrote:

> Hi,
>
> I'm thinking of using OSM in a way that I believe is different that the
> use cases discussed at
> http://wiki.openstreetmap.org/wiki/License/Use_Cases and I would like to
> know what the license requirements would be for this use case.
>
> The use case is:
>
> A company uses the OSM API to gather data for certain routes. They then
> perform internal calculations of this and other data from other sources.
> OSM data is a small portion of the data used. The result of their
> calculations is used in a vehicle application (i.e., displays a value on a
> dashboard or changes how the vehicle operates).
>
> 1) Is this allowed?
>
> 2) If so, how would I give credit if nothing is displayed? Or would I not
> have to give credit since no map or direct data is displayed?
>
> Thanks,
> Jen Bauman
>
> --
>
> Jennifer Bauman
>
> Director, Vehicle Modeling | CrossChasm Technologies
>
> Phone: 519.342.7385
>
> Toll-Free: 1.800.975.2434
>
> Email: jbau...@crosschasm.com
>
> Web: www.crosschasm.com
>
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>
>


-- 
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[OSM-legal-talk] new use case

[Jennifer Bauman]

Hi,

I'm thinking of using OSM in a way that I believe is different that the use
cases discussed at http://wiki.openstreetmap.org/wiki/License/Use_Cases and
I would like to know what the license requirements would be for this use
case.

The use case is:

A company uses the OSM API to gather data for certain routes. They then
perform internal calculations of this and other data from other sources.
OSM data is a small portion of the data used. The result of their
calculations is used in a vehicle application (i.e., displays a value on a
dashboard or changes how the vehicle operates).

1) Is this allowed?

2) If so, how would I give credit if nothing is displayed? Or would I not
have to give credit since no map or direct data is displayed?

Thanks,
Jen Bauman

-- 

Jennifer Bauman

Director, Vehicle Modeling | CrossChasm Technologies

Phone: 519.342.7385

Toll-Free: 1.800.975.2434

Email: jbau...@crosschasm.com

Web: www.crosschasm.com
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