Hi,

with your help, I'll try to answer my own question posted (in full
length) here:
http://help.openstreetmap.org/questions/14449/license-question-odbl-use-case

I'd first like to mention that my customers, by now, are actively
contributing to OSM and we absolutely want to stick to this spirit (not
least, in our own interest)!


However, I'd like to discuss the following legal issues/questions:

> 1) If I remain with the purchased geodata and CloudMade services, is it okay 
> to simply stick to the attribution as before?

I think the question can be answered with yes if proper notice/credits
are provided because of the following reasons:
The overlay (purchased geodata) is completely independent from the OSM
data (see ODBL/Use Cases[1] "3.1 On-line map service using OSM data
together with other data sources") and the CloudMade services can be
assumed to fulfill all license requirements.
A special case might state the calculation of the cost component for
each job that is *derived* from the distance of the route. But I think
this is no problem either as the transformation is trivial[2] and simply
based on the (published) pricing table of the bike courier service.

Is that correct?



The second question is:
> 2) Would it be possible to extend the geocoding of addresses by openstreetmap 
> services (eg. via Nominatim)? ...

The example mainly falls into the section "4 Embedding OSM data into
other products/applications" (see ODBL/Use Cases[1]).

The questions are:

Is the derived (non substantial) data publicly used?
(consequently "3.3 Using OSM mapping data together with confidential
data for analysis purposes" from the ODBL/Use Cases[1] would not come
into account)
I think yes: the distribution (in form of a web service) to the staff
and customers of the courier service clearly states a public use!
Is this correct?


I think the more crucial point is the combination of the (copyright
protected) purchased geodata and OSM data. This is clearly an
improvement "plugging gaps in a commercial product" (see "5 Negative Use
Cases" from ODBL/Use Cases[1]).
Of course the problem is, that I'm not allowed to publish the purchased
geodata under the ODBL. The question is: Am I allowed to combine the
purchased geodata with OSM data if I publish at least all modification
made to the OSM-derived-data?
In other words: Are the ODBL license requirements fulfilled, if I
publish all changes to the data extracted from OSM for example by
publishing:
1. the script that queries/filters data from OSM
2. the log (machine readable diff) of all changes to this derived data
Does this fulfill the ODBL?

Thank you very much in advance for your answers!

Juergen.


References:
[1] http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases
[2]
http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline

other sources:
http://wiki.openstreetmap.org/wiki/ODBL
http://wiki.openstreetmap.org/wiki/Legal_FAQ/ODbL
http://wiki.openstreetmap.org/wiki/Common_licence_interpretations

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