Re: [OSM-legal-talk] Legal regulation of the use of OSM data

2020-03-14 Thread Falk Zscheile
Am 12.03.20 um 16:54 schrieb Полина Новикова via legal-talk:
> 
> Hello, everybody!
>  
> Please deal with the issue of legal regulation of OSM data.
>  
> If we collect data from your API in XML format or perhaps directly from the 
> front of the API in JSON format (is there any difference in this situation?). 
> The final format for displaying data is the pins of organizations in the 
> custom (our) design, which we place on a third-party map, with the ability to 
> do so under license. Users can find out what type of organization and what 
> kind of organization, filter organizations on the map, i.e., for example, 
> view only hospitals. We assume to take and reflect on the map only socially 
> significant objects on the map - schools, kindergartens, sports institutions, 
> hospitals and shops (a fairly small number of objects). Is this obvious 
> limits to the usefulness? 
>  
> If we allow to use the specified data on our site, which we put on a map, and 
> under the terms of the purpose is not to extract the data, but only for the 
> user to see these data, i.e. the goal is to bring it to the end user as shown 
> in the example with Garmin maps on the site at the link   
> https://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline
>    and it says it's Produced Work. In our situation, is this also a Produced 
> Work? 
>  
I am not sure if I understand the facts correctly. In general, however, one can 
say: If you query all "amenity = hospital" for a specific region, then this is 
a database extract from the OSM database for which section 4.4 of the ODbL 
applies. It does not matter whether the query is made by many individual 
queries or by a single large query. If you show the geographical position and 
the related information of "amenity = hospital" on a map, this display is a 
produced work.

It is particularly important to note that if you use information from "amenity 
= hospital" from the OSM database with your own data and information about 
hospitals, then you create a "derivative database". In this case, section 4.6 
of the ODbL also applies. The own data are then to be released on request 
(share alike)!


> And I would like to clarify about attribution. The guideline states that we 
> should indicate that we are contributors and provide a link to distribution 
> under the ODbL license, on the other hand, for Produced Work in clause 4.3. 
> license ODbL is written a little differently and that is not consistent with 
> the logic written in guidline. Based on this, the question arises whether it 
> is enough that we specify that the map simply contains information from the 
> OSM as indicated at the beginning of paragraph 4.3?

I agree with you that the FAQ does not properly fit the licensing terms in 4.3 
of the ODbL. In particular, the descriptions in the FAQ do not do justice to 
the idea behind the attribution. You can choose your own license for a produced 
work, see section 4.5. b of the ODbL. A proprietary license is also possible 
for the produced work. The idea behind the attribution with the specification 
of the license refers to it. A proprietary license can prevent the user from 
reusing the produced work. The attribution and license information for the 
source should enable the user to create a comparable produced work from the 
open data. For this reason, the ODbL recommends stating the name of the 
database and the license in section 4.3a of the ODbL. I therefore recommend the 
following information: "Data: OpenStreetMap-Contributors (Open Database 
License)". In addition to the information on the data, a separate license can 
be added for the produced work: "Map design: (c) [name], license XYZ.

Regards, Falk


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Re: [OSM-legal-talk] Legal regulation of the use of OSM data

2020-03-14 Thread Mateusz Konieczny via legal-talk
Not a lawyer, but I will try to answer obvious ones.

Mar 12, 2020, 16:54 by legal-talk@openstreetmap.org:

> Hello, everybody!
>  
> Please deal with the issue of legal regulation of OSM data.
>  
> If we collect data from your API in XML format or perhaps directly from the 
> front of the API in JSON format (is there any difference in this situation?).
>
No, there is no difference as far as copyright is concerned.

>  The final format for displaying data is the pins of organizations in the 
> custom (our) design, which we place on a third-party map, with the ability to 
> do so under license. Users can find out what type of organization and what 
> kind of organization, filter organizations on the map, i.e., for example, 
> view only hospitals. We assume to take and reflect on the map only socially 
> significant objects on the map - schools, kindergartens, sports institutions, 
> hospitals and shops (a fairly small number of objects). Is this obvious 
> limits to the usefulness?
>
"Is this obvious limits to the usefulness?" - not sure what kind of legal 
question is asked here.

>  
> If we allow to use the specified data on our site, which we put on a map, and 
> under the terms of the purpose is not to extract the data, but only for the 
> user to see these data, i.e. the goal is to bring it to the end user as shown 
> in the example with Garmin maps on the site at the link>  > 
> https://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline>
>   > and it says it's Produced Work. In our situation, is this also a Produced 
> Work?
>
Not a lawyer, so not sure about usefulness of my advise here. (feel free to 
replay asking me to answer and
I will do this but..)

> And I would like to clarify about attribution. The guideline states that we 
> should indicate that we are contributors and provide a link to distribution 
> under the ODbL license, on the other hand, for Produced Work in clause 4.3. 
> license ODbL is written a little differently and that is not consistent with 
> the logic written in guidline. 
>
What exactly is the problem?

> Based on this, the question arises whether it is enough that we specify that 
> the map simply contains information from the OSM as indicated at the 
> beginning of paragraph 4.3?
>
Visible text indicating that markers are from OSM is certainly necessary.

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[OSM-legal-talk] Legal regulation of the use of OSM data

2020-03-12 Thread Полина Новикова via legal-talk

Hello, everybody!
 
Please deal with the issue of legal regulation of OSM data.
 
If we collect data from your API in XML format or perhaps directly from the 
front of the API in JSON format (is there any difference in this situation?). 
The final format for displaying data is the pins of organizations in the custom 
(our) design, which we place on a third-party map, with the ability to do so 
under license. Users can find out what type of organization and what kind of 
organization, filter organizations on the map, i.e., for example, view only 
hospitals. We assume to take and reflect on the map only socially significant 
objects on the map - schools, kindergartens, sports institutions, hospitals and 
shops (a fairly small number of objects). Is this obvious limits to the 
usefulness? 
 
If we allow to use the specified data on our site, which we put on a map, and 
under the terms of the purpose is not to extract the data, but only for the 
user to see these data, i.e. the goal is to bring it to the end user as shown 
in the example with Garmin maps on the site at the link   
https://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline 
  and it says it's Produced Work. In our situation, is this also a Produced 
Work? 
 
And I would like to clarify about attribution. The guideline states that we 
should indicate that we are contributors and provide a link to distribution 
under the ODbL license, on the other hand, for Produced Work in clause 4.3. 
license ODbL is written a little differently and that is not consistent with 
the logic written in guidline. Based on this, the question arises whether it is 
enough that we specify that the map simply contains information from the OSM as 
indicated at the beginning of paragraph 4.3?
 
Best regards,
Polina N.
polisha...@mail.ru
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