[mkgmap-dev] [PATCH] Creating contour lines from DEM data

Sat Jul 4 07:21:35 BST 2009

Am 04.07.2009 um 08:04 schrieb Christian Gawron:

>> A very good hint. The understanding of all discussions on the  
>> matter is that the current OSM licence does not allow mixing with  
>> CIAT data nor with ASTER data. So you cannot publish those maps.
> Could you elaborate on this? I would understand that e.g. the  
> license of the ASTER data forbids publishing of derived work  
> (although I haven't checked this). But is there really a point in  
> the OSM license which forbids creating derived works (maps) which as  
> an "add-on" contain features created from proprietary data sources?

Yes it is.
See the section "I created a layer on top of an OSM map. What do I  
have to put under your license?" from http://wiki.openstreetmap.org/wiki/Common_licence_interpretations 
:

--
You have to determine whether what you have created is a Collective  
Work or a Derivative work, under the terms of the OSM licence.
	• If what you create is based on OSM data (for example if you create  
a new layer by looking at the OSM data and refering to locations on  
it) then it is likely you have created a derivative work.
	• If you generate a merged work with OSM data and other data (such as  
a printed map or pdf map) where the non-OSM data can no longer be  
considered to be separate and independent from the OSM data, is is  
likely you have created a derivative work.
	• If you overlay OSM data with your own data created from other  
sources (for example you going out there with a GPS receiver) and the  
layers are kept separate and independent, and the OSM layer is  
unchanged, then you may have created a collective work.
If you have created a derivative work, the work as a whole must be  
subject to the OSM licence. If you have created a collective work,  
then only the OSM component of the work must be subject to the OSM  
licence.
--

So especially with your solution to integrate the contour lines into  
the map this is IMHO a derivative work, so that all components of it  
must be subject to the OSM license.

Regards
Thilo