Re: [OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

2020-03-31 Thread Falk Zscheile
Am 31.03.20 um 19:56 schrieb Martin Koppenhoefer:
> In Italy we have been discussing this situation: a member of the community
> wants to add links to OSM objects into a list of specific shops (those that
> are open during the covid-19 pandemia).
>
> The list will be published here: https://www.covid19italia.help/opendata/
> with an CC-BY-4.0 license.
>
> The links will be of the kind https://www.openstreetmap.org/relation/1834818
>

In decision C‑466/12 - Svensson and Others , the European Court of Justice 
stated:

"[...] that the provision on a website of clickable links to works freely 
available on another website does not constitute an act of communication to the 
public, as referred to in that provision."

> Question is, will it be possible to publish such a list, containing OSM-ids
> (or links to OSM objects) with a CC-BY-4.0 license?
>

In my opinion, this case applies not only to links to works, but also to links 
to publicly accessible databases. Since links to database objects are not 
legally relevant duplication of the database, no license terms of the ODbL need 
to be observed in this case.

Falk

___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

2020-03-31 Thread Kathleen Lu via legal-talk
I don't think you even need to get into
https://wiki.openstreetmap.org/wiki/Open_Data_License/Metadata_Layers_-_Guideline
or the substantial question.
https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Horizontal_Map_Layers_-_Guideline
and
https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Collective_Database_Guideline_Guideline
make clear that you can use a particular OSM type (here, OSM-ids) as a
collective database with other data types of non-OSM origin without
triggering share-alike. It would be nonsensical for OSM-ids to come from a
source other than OSM (hence, all OSM-ids are from OSM and are ODbL), so in
this scenario it is easy to maintain conceptual separation of the ODbL and
non-ODbL databases in the "collective".
Since they're labeled "OSM-ids" even attribution is fairly easily covered.
Surely there is a readme explaining what this metadata type is, just for
use purposes.

On Tue, Mar 31, 2020 at 11:32 AM Tom Lee via legal-talk <
legal-talk@openstreetmap.org> wrote:

> This seems similar to the problem discussed here:
> https://wiki.openstreetmap.org/wiki/Open_Data_License/Metadata_Layers_-_Guideline
>
> The doctrine proposed by Richard Fairhurst (and discussed on that page)
> strikes me as reasonable. It's hard for me to see how OSM IDs could qualify
> as a substantial part of the database when used in isolation, in this
> manner. They're algorithmically generated and, by themselves, contain no
> information about the world that OSM describes.
>
> In a broader sense, it seems like it would be very counterproductive for
> an open project to embrace policies that make it difficult for people to
> even *refer* to useful parts of it, which is what a hyperlink amounts to.
>
> On Tue, Mar 31, 2020 at 1:57 PM Martin Koppenhoefer <
> dieterdre...@gmail.com> wrote:
>
>> In Italy we have been discussing this situation: a member of the
>> community wants to add links to OSM objects into a list of specific shops
>> (those that are open during the covid-19 pandemia).
>>
>> The list will be published here: https://www.covid19italia.help/opendata/
>> with an CC-BY-4.0 license.
>>
>> The links will be of the kind
>> https://www.openstreetmap.org/relation/1834818
>>
>> Question is, will it be possible to publish such a list, containing
>> OSM-ids (or links to OSM objects) with a CC-BY-4.0 license?
>>
>> Thank you for your replies.
>>
>> Cheers
>> Martin
>> ___
>> legal-talk mailing list
>> legal-talk@openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/legal-talk
>>
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

2020-03-31 Thread Tom Lee via legal-talk
This seems similar to the problem discussed here:
https://wiki.openstreetmap.org/wiki/Open_Data_License/Metadata_Layers_-_Guideline

The doctrine proposed by Richard Fairhurst (and discussed on that page)
strikes me as reasonable. It's hard for me to see how OSM IDs could qualify
as a substantial part of the database when used in isolation, in this
manner. They're algorithmically generated and, by themselves, contain no
information about the world that OSM describes.

In a broader sense, it seems like it would be very counterproductive for an
open project to embrace policies that make it difficult for people to even
*refer* to useful parts of it, which is what a hyperlink amounts to.

On Tue, Mar 31, 2020 at 1:57 PM Martin Koppenhoefer 
wrote:

> In Italy we have been discussing this situation: a member of the community
> wants to add links to OSM objects into a list of specific shops (those that
> are open during the covid-19 pandemia).
>
> The list will be published here: https://www.covid19italia.help/opendata/
> with an CC-BY-4.0 license.
>
> The links will be of the kind
> https://www.openstreetmap.org/relation/1834818
>
> Question is, will it be possible to publish such a list, containing
> OSM-ids (or links to OSM objects) with a CC-BY-4.0 license?
>
> Thank you for your replies.
>
> Cheers
> Martin
> ___
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] Adding OSM-ids to an external database and publish in CC-BY

2020-03-31 Thread Martin Koppenhoefer
In Italy we have been discussing this situation: a member of the community
wants to add links to OSM objects into a list of specific shops (those that
are open during the covid-19 pandemia).

The list will be published here: https://www.covid19italia.help/opendata/
with an CC-BY-4.0 license.

The links will be of the kind https://www.openstreetmap.org/relation/1834818

Question is, will it be possible to publish such a list, containing OSM-ids
(or links to OSM objects) with a CC-BY-4.0 license?

Thank you for your replies.

Cheers
Martin
___
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk