Hi Jonathan!

Thank you very much for clearing things up, and explaining the difference
between the treatment of data sets and other things I would put on the map.

The treatment of OSM *data*, and the alteration of it is fine, understood,
and obviuosly I can live with it.

Although, the licensing/copyright of the *layer* which I would ask my
programmer to define in OpenLayers and which then would be filled with
images is still a bit fuzzy. Aren't these two statements opposite to each
other:

   1. "OpenLayers uses the FreeBSD license which places no limitations on
   use other than that you must distribute it with its license intact."
   2. "you can retain all rights on your other data, images and *published
   maps*"

What would Point1 include in itself? Maybe I misunderstood the whole
concept of the word "layer". I thought that the "visual outlook" of the map
what makes it a map, what people see (and in may case consists of the
collection of images put together) is on a layer and hence should be
distributed accordingly?

This would imply that I could I ask the author of this
projec<http://nordpil.com/go/products/stockholm-papercraft/>t
to distribute the layer he defined? (Obviously I don't want to, as I cheer
for Point2 to be true in case of my project as well :)

Thanks in advance again!

Daniel




On 21 October 2013 11:25, Jonathan Harley <j...@spiffymap.net> wrote:

> On 19/10/13 11:11, Beri Dániel wrote:
>
>>
>> Dear All,
>>
>> I would like you to have a look at my question I posted in the OSM forum
>> yesterday. It is not an urgent matter, I'm duplicating it here as well
>> because I would like to avoid any mistreatment of the OSM licenses.
>>
>> Below you can read my post from the forum, or just simply have a look at
>> it in the forum itself: http://forum.openstreetmap.**
>> org/viewtopic.php?id=22948<http://forum.openstreetmap.org/viewtopic.php?id=22948>
>>
>>
>> Thanks in advance!
>>
>> Daniel
>>
>>
> Hi Dániel, overall your project does sound like what's presented to users
> would be a produced work and there is no problem with commercial use. AFAIK
> OpenLayers uses the FreeBSD license which places no limitations on use
> other than that you must distribute it with its license intact.
>
> The only part which would constitute a derivative database is your altered
> OSM data (point 2). This altered data will clearly be derived from OSM's
> data and you would need to publish this under ODbL. If you store the data
> about where your users live (point 5) in a database, and if this data is
> derived from the OSM map (users drop a pin on your map based on what they
> see on it, or where the OSM-based search server said they are), then this
> is also a derivative database and must also be made available under ODbL.
>
> Note that a "database" here just means a data set - the set of data that
> was derived from OSM. The ODbL license does not extend virally to any other
> data sets you may happen to store in the same database management system.
> The derived data is the only thing you must distribute freely (if asked
> to), and you can retain all rights on your other data, images and published
> maps.
>
> HTH - Jonathan
>
>
>  ----
>>
>> Dear All,
>>
>> This might have been discussed several times, hence sorry for raising
>> this question again, but I really would like to make sure that I'm in
>> compliance with the rules of the OSM license. (Also, I'm not a programmer,
>> so, sorry for formulating the details of my envisaged project with
>> lack/inproper use of the programming jargon.)
>>
>> So, here is the list of things I am planning to do:
>>
>> I would like to create an artistic map
>> 1) *based on OSM data* - I would need a world map, with territories of
>> countries and potentially subdivisions as well
>> 2) *I would alter the OSM data* by defining new, custom subdivisions in
>> certain areas, like cutting half a country (or continent, like Antarctica)
>> not along any currently available "line", but according to my wish
>> 3) I would like to *put copyrighted images* onto these subdivisions (with
>> OpenLayers)
>> 4) I would *remove uneccessary detail by not rendering some types of
>> features*, ie. I don't want any other data to be displayed on the map, but
>> the original and custom-made subdivision borders and the images
>> 5) however, *in the background I would like to still use the OSM data*,
>> so that users could search, eg. the address of their home, then the map
>> would display the place where they live, but covered with the image I
>> defined to cover that particular place with (ie. not displaying any roads
>> etc.)
>> 6) I would expect volume of use too high to be supportable by OSM's tile
>> servers, therefore I *would have my own tile server*
>> 7) Also, because of point 6, I *would create separate, own search server*
>> as well, not to overwhelm Nominatim's servers (btw, I would really
>> appreciate if you could help me with auto-complete search, is there any
>> advanced solution already?)
>>
>>
>> So the end-result would look like this world map of flags, with the
>> exception that I would make it available online as a dynamic map and in
>> print as well:
>>
>> 500px-Flag-map_of_the_world.**svg.png
>>
>> So, my questions are:
>> 1) does this project qualify to be a *produced work* as defined in use
>> case 2 of the license? 
>> http://wiki.openstreetmap.org/**wiki/Lice<http://wiki.openstreetmap.org/wiki/Lice>…
>>  thing_else <
>> http://wiki.openstreetmap.**org/wiki/License/Use_Cases#**
>> Case_2:_I_want_to_publish_**something_based_on_OSM_and_**nothing_else<http://wiki.openstreetmap.org/wiki/License/Use_Cases#Case_2:_I_want_to_publish_something_based_on_OSM_and_nothing_else>
>> >
>> 2) if not, then *which use case is the applicable here*?
>> 3) in either case, what are the *consequences of the license to my rights
>> over parts of the project* (database, separate copyrighted images and the
>> overall look of the map)? what should be shared freely? Can I reserve the
>> right to the overall image of the map to be sold eg. as a printed poster?
>> 4) Also, does *OpenLayers' license* (in which I would define the new
>> layer of images) interfere with this idea to be used for commercial use and
>> reserve the rights for the end product?
>>
>> Sorry if the questions should be "super-obvious" based on the wikis/forum
>> etc., they aren't really self-explanatory for me! smile
>>
>>
>> Thank you very much in advance!
>> Best regards,
>> underclover
>>
>>
>>
>> ______________________________**_________________
>> legal-talk mailing list
>> legal-talk@openstreetmap.org
>> https://lists.openstreetmap.**org/listinfo/legal-talk<https://lists.openstreetmap.org/listinfo/legal-talk>
>>
>
>
> --
> Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd
>
> m...@spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
> The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK
>
>
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