Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-09 Thread Ilya Zverev

Christoph Hormann wrote:

From my perspective it is as Simon put it:


In summary both guidelines in this use scenario boil down to
prohibiting de-duplication (of any kind).


Now you can of course disagree with that assessment but so far you have
not brought up any convincing argument for that.  Just because your
exact use case is not mentioned in the Horizontal Layers guideline does
not mean it does not apply in analogy.  It does not matter if you use
proprietary data to add features missing in OSM data or if you use OSM
data to add features missing in proprietary data - the license as i
read it is symmetric in that matter.


From my perspective, Simon mentioned the guidelines, argued that they 
refer to the case in maps.me, while they state the reverse case (with 
removing duplicates from OSM), and then finishing with the summary you 
quote. I agree that one of the examples in the Collective Database 
Guidelines does not specify a method of de-deduplication, though, for 
example, prioir text allows for databases to be considered separate when 
"the non-OSM and OSM datasets do not reference each other". And they don't.


As I see it, we have two independent databases. Complying with ODbL 
4.6.b we provide "A file containing all of the alterations made to the 
Database".


Let's consider another use case. An application that shows OSM map, and 
on top of it shows 1 mln of user points. A users has an option to hide 
the OSM map underneath proprietary points, with a radius of 1 km. Does 
in that moment when a user clickes the options, the combined map become 
derivative? Because the application removes parts of OSM map based on 
proprietary data, which means, by your implications, that that creates 
an inseparable references.


Now, let's use in this example not the whole OSM dataset, but only 
hotels from it. And the proprietary data is also hotels. What changes?


IZ

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Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-09 Thread Christoph Hormann
On Saturday 09 July 2016, Ilya Zverev wrote:
>
> Christoph, please read my last post again: we use all of the
> booking.com data, not just hotels that are missing. We are not
> altering the proprietary data in any way. Just removing some data
> from OSM, and that portion of the data is published, obviously under
> the ODbL.

I read what you wrote and i think i understand pretty well what you do.

From my perspective it is as Simon put it:

> In summary both guidelines in this use scenario boil down to
> prohibiting de-duplication (of any kind).

Now you can of course disagree with that assessment but so far you have 
not brought up any convincing argument for that.  Just because your 
exact use case is not mentioned in the Horizontal Layers guideline does 
not mean it does not apply in analogy.  It does not matter if you use 
proprietary data to add features missing in OSM data or if you use OSM 
data to add features missing in proprietary data - the license as i 
read it is symmetric in that matter. 

What i was trying to do is point out ways how you could continue doing 
what you do (i.e. show both data from booking.com and from OSM in a 
single application).

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

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Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-09 Thread Ilya Zverev

Christoph Hormann wrote:

I would also suggest to keep in mind that in principle this is exactly
the kind of case share-alike was created for - the OSM database is
missing some hotels and some other database contains them and the
intention is that you need to make available that other data or the
merger of the two data sets for inclusion in OSM if you want to use
them in combination.

If your use of the booking.com data is not about hotels missing from OSM
but only about the additional info booking.com provides (link to
booking page and other metadata for example) the new collective
database guideline gives you another option: you can match this
metadata with the OSM POIs and use them together without share-alike.
You however must not show any hotels that are not in OSM then or make
their coordinates available under compatible license.


Christoph, please read my last post again: we use all of the booking.com 
data, not just hotels that are missing. We are not altering the 
proprietary data in any way. Just removing some data from OSM, and that 
portion of the data is published, obviously under the ODbL.


IZ

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Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-09 Thread Christoph Hormann
On Saturday 09 July 2016, Christoph Hormann wrote:
>
> I think this is a fairly clear case for the Horizontal Layers
> guideline 

To avoid ambiguity: I of course meant a case where the guideline says 
share-alike applies.

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

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Re: [OSM-legal-talk] MAPS.ME combining OSM data and non-OSM data?

2016-07-09 Thread Christoph Hormann
On Friday 08 July 2016, Ilya Zverev wrote:
>
> If the LWG decides we are violating the license (and explains how,
> maybe producing another guidelines), we will remove all OSM hotels
> from our data. But for now I don't see how it's different from
> removing just some of the hotels.

I think this is a fairly clear case for the Horizontal Layers guideline 
and Simon also made a statement in that direction.  Of course as always 
this is a matter of interpretation.

I would also suggest to keep in mind that in principle this is exactly 
the kind of case share-alike was created for - the OSM database is 
missing some hotels and some other database contains them and the 
intention is that you need to make available that other data or the 
merger of the two data sets for inclusion in OSM if you want to use 
them in combination.

If your use of the booking.com data is not about hotels missing from OSM 
but only about the additional info booking.com provides (link to 
booking page and other metadata for example) the new collective 
database guideline gives you another option: you can match this 
metadata with the OSM POIs and use them together without share-alike.  
You however must not show any hotels that are not in OSM then or make 
their coordinates available under compatible license.

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

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