NOTICE: help.openstreetmap.org is no longer in use from 1st March 2024. Please use the OpenStreetMap Community Forum

I am doing a hobby project on compiling a topographical wall map, with no commercial intentions, in which OSM data would be very useful. However, one of my crucial data sources doesn't allow commercial use. Therefore, I cannot use OSM data, which allows commercial use (as stated in the "Legal FAQ"). I think this is a big paradox: OPEN street map, defined as OPEN DATA, cannot be used in strictly non-commercial products... Or have I got it wrong?

asked 29 Mar '11, 21:17

andskog's gravatar image

andskog
1111
accept rate: 0%

edited 29 Mar '11, 21:34

Frederik%20Ramm's gravatar image

Frederik Ramm ♦
82.5k927201273


The idea of the license is to keep the data free and open. If somebody is extending coverage or details of the map with information which we would like to have in OpenStreetMap, then the sharealike requirement ensures that we can bring that data into OpenStreetMap itself (with the same more open license than any NC restricted dataset).

It is not the intention of the share-alike clauses to present annoying problems for users like you, but sadly that is what it often does.

Some good news: You are allowed to mash OpenStreetMap with more restrictive datasets (even with 'all rights reserved' data) provided this mashing amounts to a "collective work" rather than a "derivative work". Some bad news: Nobody really knows what counts as collective vs derivative, but a printed wall map doesn't really publish the datasets separately so it's not looking good for you.

Bring on the ODbL!

permanent link

answered 30 Mar '11, 13:50

Harry%20Wood's gravatar image

Harry Wood
9.5k2588128
accept rate: 14%

Wait. You have OpenStreetMap and a less free data source that enforces a NC clause and you blame the resulting legal problems on OpenStreetMap and call it nonfree? Nice one.

But yes, we know about the problem and the ODBL will fix that problem.

permanent link

answered 29 Mar '11, 22:09

petschge's gravatar image

petschge
8.3k217398
accept rate: 21%

You have got it right, and it is not a paradox. A "strictly non-commercial" product does not qualify as "open" (see for example the Open Knowledge Definition paragraph 8), because you are discriminating against a field of endeavour.

The CC-BY-SA license that we currently use does not allow you to place additional restrictions on the data. A "you may only use this noncommercially" restriction is, in the eyes of this license, none better than a "you may only use this if you pay royalties to company X" restriction.

The CC-BY-SA-NC license, which does have a non-commercial component, is not compatible with CC-BY-SA (see compatibility matrix), and is not considered an "open" license.

OpenStreetMap plans to switch to another license, ODbL (see OpenStreetMap Wiki), which will allow you to license derived products differently; under ODbL, you may place a non-commercial restriction on a derived product (unless that product is itself a database).

Note that for your particular use under today's license, if you do not intend to publish the wall map, or if you can publish the OSM and non-commercial components separately and have the end-user combine them, the license restrictions would not be relevant. They only come into force if you publish the combined product.

permanent link

answered 29 Mar '11, 21:30

Frederik%20Ramm's gravatar image

Frederik Ramm ♦
82.5k927201273
accept rate: 23%

edited 29 Mar '11, 21:35

Follow this question

By Email:

Once you sign in you will be able to subscribe for any updates here

By RSS:

Answers

Answers and Comments

Markdown Basics

  • *italic* or _italic_
  • **bold** or __bold__
  • link:[text](http://url.com/ "title")
  • image?![alt text](/path/img.jpg "title")
  • numbered list: 1. Foo 2. Bar
  • to add a line break simply add two spaces to where you would like the new line to be.
  • basic HTML tags are also supported

Question tags:

×710
×155
×4
×2

question asked: 29 Mar '11, 21:17

question was seen: 8,140 times

last updated: 30 Mar '11, 13:50

NOTICE: help.openstreetmap.org is no longer in use from 1st March 2024. Please use the OpenStreetMap Community Forum