Software using open street map data and Licensing model / restrictions

[Alex-553]

Hi,

I am developing a Location based application that will both be
available on mobile devices and on the internet.

I plan to use OSM data, convert it and import it into my custom
designed database.
I also plan to generate my own tiles based on OSM data, certainly
aggregated with other commercial and non.commercial (open) data
sources.

My mobile client will download the tiles that I will have generated
and display them with Point of Interest information that will be
coming from OSM, commercial data, and user generated content / POIs .

What I want to know is if my application itself and my website (that
will be presenting a google/OSM style Ajax map)  has to be licensed
under the Creative Commons Attribution-ShareAlike 2.0 or is it only
the subset of OSM data the I will be working with ?

Is it OK to sell my application provided that references and links to
OSM are provided when OSM based Tiles and POIs are presented and used
inside my app ??

What exactly can I do with the OSM licensing model when I use OSM data
into my application (note that the data is not included as-is in the
app but downloaded as tiles inside my client)



Many thanks for your insights !

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[Frederik Ramm]

Hi,

Alex wrote:
> My mobile client will download the tiles that I will have generated
> and display them with Point of Interest information that will be
> coming from OSM, commercial data, and user generated content / POIs .
>
> What I want to know is if my application itself and my website (that
> will be presenting a google/OSM style Ajax map)  has to be licensed
> under the Creative Commons Attribution-ShareAlike 2.0

No, you are free to license your application any way you like.

> or is it only
> the subset of OSM data the I will be working with ?

If you produce tiles that contain OSM data then those tiles - including
all commercially sourced data depicted on them - must be licensed
CC-BY-SA, i.e. anyone is free to trace the commercial data off the
tiles. You can only circumvent that effect by creating overlay tiles and
display them on top of each other in the client (i.e. base tiles from
OSM = CC-BY-SA, overlay tiles with commercial data = proprietary license).

> What exactly can I do with the OSM licensing model when I use OSM data
> into my application (note that the data is not included as-is in the
> app but downloaded as tiles inside my client)

Anything you produce from OSM data must be CC-BY-SA licensed (e.g. if
you compile OSM data into some special compressed map format for your
application then these special compressed files must by CC-BY-SA). If
you mix OSM data with someting else into an end product then that end
product must also be CC-BY-SA. If your application displays OSM data
loaded from file 1 and proprietary data loaded from file 2, then you can
keep the licenses separate.

Bye
Frederik

--
Frederik Ramm  ##  eMail frederik@...  ##  N49°00'09" E008°23'33"

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[Iván Sánchez Ortega-3]

El Jueves, 20 de Agosto de 2009, Alex escribió:
[...]
> What I want to know is if my application itself and my website (that
> will be presenting a google/OSM style Ajax map)  has to be licensed
> under the Creative Commons Attribution-ShareAlike 2.0 or is it only
> the subset of OSM data the I will be working with ?

Only the OSM data / map tiles have to be licensed as such.

However, if you mix OSM POIs with user-generated POIs (merging both in one
file, etc), you have to make available those POIs under the same license as
the OSM data.

> Is it OK to sell my application provided that references and links to
> OSM are provided when OSM based Tiles and POIs are presented and used
> inside my app ??

Yes, perfectly possible. Look at offmaps for an example.


Cheers,
--
----------------------------------
Iván Sánchez Ortega <ivan@...>

http://ivan.sanchezortega.es
Proudly running Debian Linux with 2.6.30-1-amd64 kernel, KDE 3.5.10, and PHP
5.2.10-2 generating this signature.
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[Rahkonen Jukka]

Alex <azlist1@...> writes:

>
> Hi,
>
> I am developing a Location based application that will both be
> available on mobile devices and on the internet.
>
> I plan to use OSM data, convert it and import it into my custom
> designed database.
> I also plan to generate my own tiles based on OSM data, certainly
> aggregated with other commercial and non.commercial (open) data
> sources.
>
> My mobile client will download the tiles that I will have generated
> and display them with Point of Interest info

Hi,

It may be tricky situation if your application will allow user input. I mean,
your user can see a map through the application and then he locates a nice
restaurant and saves it as point of interest into your system. There are people
saying that the new POI was derived from the underlaying map. They may claim
that if the base map was OSM then the new POI should definitly be under CC-SA
and it would be fair to add it also into OSM database.  What if there was a
commercial map layer selected? In this case OSM absolutely does not want the POI
because it is derived from copyrighted material. But what if both layers were
selected and showed together? Where is the new POI derived from?

With commercial map providers you can for sure make a deal that if you pay them
you can do what ever you want with the POIs. They will just set the price. I do
not know how it goes with OSM.


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[Alex-553]

Ok!

Many thanks to all for your clarifications. I guess the actual OSM
license will not fit both with my application's licensing model and
with the fact that I will be aggregating data from many different
sources.
So I will just avoid them for now.
Maybe in the future if you guys think of alternate (i.e. dual)
licensing models I will be more than happy to use your data as it is
really becoming more and more interesting compared to other commercial
(and sometimes barely affordable) geographic data source.

See you then :)

On 8/21/09, Jukka Rahkonen <jukka.rahkonen@...> wrote:

> Alex <azlist1@...> writes:
>
>>
>> Hi,
>>
>> I am developing a Location based application that will both be
>> available on mobile devices and on the internet.
>>
>> I plan to use OSM data, convert it and import it into my custom
>> designed database.
>> I also plan to generate my own tiles based on OSM data, certainly
>> aggregated with other commercial and non.commercial (open) data
>> sources.
>>
>> My mobile client will download the tiles that I will have generated
>> and display them with Point of Interest info
>
> Hi,
>
> It may be tricky situation if your application will allow user input. I
> mean,
> your user can see a map through the application and then he locates a nice
> restaurant and saves it as point of interest into your system. There are
> people
> saying that the new POI was derived from the underlaying map. They may claim
> that if the base map was OSM then the new POI should definitly be under
> CC-SA
> and it would be fair to add it also into OSM database.  What if there was a
> commercial map layer selected? In this case OSM absolutely does not want the
> POI
> because it is derived from copyrighted material. But what if both layers
> were
> selected and showed together? Where is the new POI derived from?
>
> With commercial map providers you can for sure make a deal that if you pay
> them
> you can do what ever you want with the POIs. They will just set the price. I
> do
> not know how it goes with OSM.
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk@...
> http://lists.openstreetmap.org/listinfo/legal-talk
>

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