2009/3/4 Jason Cunningham <jamicu...@googlemail.com>: > Hi All > > I've read through a bundle of licence emails, and there is one aspect that > worries me, which hopefully someone can clarify. > > From my understanding (and I dont speak legalese), under the CCBYSA license > you can take OSM data, create a "derived work" and distribute it. But, you > had to let people know you where using OSM data, you had make it clear that > other people where allowed to use your "derived work" to make further > derived work and the CCBYSA licence must apply to their work. But its turned > out this license may not be enforcable. A new licence has been proposed that > is enforcable, but adds a significant new "obligation" to people/groups > creating derived works. > > Looking through advice regarding the new or proposed licence in the wiki I > have come across the following which I am worried about and wish to clarify > (which I quote below) > 1. http://wiki.openstreetmap.org/wiki/Open_Data_License_FAQ > "requires those that combine our data with their own data will have to give > the latter to OSM. This means we get more open data." > > 2. http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases > "Section 4.3 also requires that the notice include information regarding > where the user can obtain a copy of the Database or Derivative Database." > > So it appears under the new licence when I create a map using OSM and add my > own data (derived work), I have to make my data available to OSM. This leads > on to a couple of questions. > > Questions > 1. The main question. Do I (any one else affected) have to actually send my > data to OSM, or, make sure its available (via an emailed file (if requested) > or as a download on a website), or, am I simply giving the right for OSM to > to take the derived work and copy/extract all data. > > 2. I am not entirely happy about making people/groups supply their data to > OSM if they wish to create derived work. I agree with the original principle > within the CCBYSA, that the derived work had to be CCBYSA. But I feel > demanding that individual/groups make the data available puts a burden on > some people they can not meet, or will not be acceptable. > eg > > (extreme example?) A group of 8 year old kids spend a day in a local park > mapping out locations where they find butterflies. They map this information > using an OSM map and stick a copy on their local parks noticeboard. Surely > they shouldn't be made to make this data available to OSM? Its not worth the > bother for them (or OSM) > A wildlife group wishes to map the location of endangered species. Lacking > money, OSM seems like a good resource, but they can not supply the data and > therefore the location of protected species to OSM. So they can not use OSM > and have to spend money on another map? > > I started supplying data to OSM in the belief I was creating map data that > was free and could easily be used by everyone. This can not be achieved if > the burden of using OSm data is greater than the benefit. >
IANAL this is just my interpretation yada yada yada... When you have to make the data available, it's not to OSM specifically. It's the same idea as CC-BY-SA and GPL but applied to data. Your 8 year old kids would be obliged to license their butterfly data under the ODbL [1] and attribute OSM. As 8 year old kids would most likely be sticking bits of paper on a bigger bit of paper with a map printed on it that's trivially done by the end product... somebody walking past the notice board would be entitled to take the data and put it into OSM if they wanted to. If an organisation uses a derived database wholly internally then they get to keep it internal... there's no requirement to publish. So the wildlife group presumably won't give out maps of endangered species... anybody they do give a map to can request the derived database -- but they've been given a map anyway so are presumably trustworthy. Dave [1] Ignoring potential bug in 0.9 draft _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
