On 02/01/2013 10:46, Martin Koppenhoefer wrote:
2013/1/2 Robin Paulson <[email protected]>:
i was looking for unusual uses of osm data, and found this:
http://store.axismaps.com/product/boston-blue
"Oops! We couldn’t find that page."
Took a quick look at the store homepage and clicked through to the
"Boston typographic map" (they're all the same AFAICT). All printed maps
don't appear to state origin of data used as a basis for map layouts. As
such, although they're not simple reprints of tiles (for e.g.) the
licence is still being breached.
From the OSM FAQ page, some interesting and likely relevant sections
(http://www.osmfoundation.org/wiki/License#What_do_you_mean_by_.22Attribution.22.3F):
"How should I attribute you?
"Our requested attribution is "© OpenStreetMap contributors".
You must make it clear that the data is available under the Open
Database Licence. This can be achieved by providing a "License" or
"Terms" link which links to www.openstreetmap.org/copyright or
www.opendatacommons.org/licenses/odbl.
We ask that you hyperlink the attribution to www.openstreetmap.org where
possible. Because OpenStreetMap is its contributors, you may omit the
word "contributors" if space is limited.
"You may optionally qualify the credit to explain what OSM content you
are using. For example, if you have rendered OSM data to your own
design, you may wish to use "Map data © OpenStreetMap contributors".
"(If you are using map tiles supplied by us, you must also make it clear
that the tiles are available under the Creative Commons
Attribution-ShareAlike 2.0 licence. This may also be fulfilled by
linking to www.openstreetmap.org/copyright.)"
...
"For a printed map, the credit should appear beside the map if that is
where other such credits appear, and/or in the "acknowledgements"
section of the publication (often at the start of a book or magazine)."
...
"In brief summary:
"If you correct or extend our data, you need to share your new data. If
you make a map from our data, you may publish the map itself under any
license you like, including commercial. You DO however, have to share
the underlying data except that ...
You may also add separate and distinct layers to your map made from
other sources of data. This data does not have to be shared, provided
there is no interaction with the OpenStreetMap derived layer. For
example, you cannot have a layer of restaurant icons that only appear if
the same restaurant is not in OpenStreetMap!
"In more detail:"
...
"If you make a map from OpenStreetMap geodata and publish it, you may
publish the map under any license you like. In ODbL parlance, this is
known as a "Produced Work".
"However, if you have added to or enhanced our data in order to make the
map, you must make those additions publicly available without charge.
Also, anyone can extract the original data from the map, (such as
latitude and longitudes, names of streets and places), without paying
you or asking your permission.
"You can however, put separate and distinct data layers on top of your
map, such as icons showing specialists points of interest, routes, track
logs, shaded areas, contours and the like, then Share-Alike does not
apply to these elements as long as they do not interact with the map
underneath."
[quotes end]
The last section is the most eyebrow raising section for me. IANAL but
my interpretation of the OSM licence (based upon experience of
interpretation of licenses in my day job) means axismaps doesn't have a
leg to stand on if OSM is their sole source of cartographic and
topographical data.
Technically I believe they are in a corner -- however I propose a more
gracious and mutually beneficical arrangement: someone appropriate from
OSM contacts them, explains the situation and propose some form of
remediation: a nonexclusive licence to distribute already-printed maps
without on-page attribution; for all new print runs, the appropriate
line(s) of attributive text, agreed by both parties; and a donation to
OSM for every map sold, payable quarterly/six monthly/annually. An
initial upfront donation wouldn't go amiss.
That they're based in the UK should make this easier to pursue.
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