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

Sat Jul 4 11:28:39 BST 2009

Thilo Hannemann schrieb:
> -- 
> 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.
I don't see any difference between merging externally generated contour 
lines into one IMG file or generating the contour lines with mkgmap - 
the resulting IMG file looks the same.
And I don't agree that this would be a derived work. OSM does not 
contain any DEM data or contour lines, so by adding them the OSM layer 
remains unchanged and clearly discernible from the contour lines, so I 
would say the result is a collective work. But of course anyone planning 
to distribute such maps should check this more thoroughly (maybe the 
guys who are hosting the cycle layer or the "Wanderkarte" did this).

Best wishes
Christian