License of POI created by clicking an OSM map

[abrh]

Hello,
suppose I place a point on the OSM map by clicking it. Should the point be ODBL licensed?

[alester]

You haven’t provided very much information. What do you consider to be “the OSM map”? Is it a specific rendering? Are you talking about just placing a marker to indicate a location, or are you talking about uploading something to the database?

[abrh]

I just mean placing any pin on the map, like here:
https://foursquare.com/add-place?referrer=claim&venuename=&ll=30%2C33.21633

[hadw]

Requires a login.

If you put a point in the OSM map itself, it needs that licence, or a compatible one.

If you put one on top of a bit-mapped image of the map, and you placed it by references to the existing content of that image, you may need that licence.

If the image is one of the bit map tiles provided by OSM, and you place the marker without reference to the existing image, but so as to produce a permanent composite image, you only need CC BY SA.

If you basically just overlay data that was not produced by reference to the OSM in the browser, you don’t need to licence your overlay layer.

Other providers of bit-mapped images based on OSM may have different rules for the cases where you haven’t made reference to the map in placing the marker.

In general, no-one insists on a licence for internal use within an organisation.

[abrh]

Thanks a lot. I’ll explain what I mean.
Foursquare allows people to add points of businesses to their database, and choose the location by pinning a point on an OSM map.
This means, an OSM map is clicked, and the location is saved to the database.
Does this means the whole Foursquare database, or at least the businesses that were added this way, are licensed under ODBL?

[Allroads]

My opinion, Yes, …

It is like the use of a aerial layer CC-BY-3.0, attribution required, and I draw a line in JOSM (use background info, data, to position), give it tags, I can not do it because attribution is not possible through the whole Osm Database use. Others, who render a map and use this line, they do not give attribution to this aerial layer.

Is this more or less the same?

[muralito]

@abrh

This means, an OSM map is clicked, and the location is saved to the database.
Does this means the whole Foursquare database, or at least the businesses that were added this way, are licensed under ODBL?

That does not seems to be the license used by Foursquare https://foursquare.com/legal/terms

If you like to contribute to OSM. just signup to openstreetmap.org and use any of the available editors to contribute data.

[muralito]

@Allroads

My opinion, Yes, …

Yes, my opinion too.
If you locate the points over a OSM layer, then is a derivative database, and “If you create a Derivative Database, you will need to make it available.”

From https://wiki.openstreetmap.org/wiki/License/Use_Cases

If you created your data without any use of OSM, and don’t merge it with OSM, then you have a “collective” database, not a derivative database. However, if you have any data that was derived from OSM - for instance because you used street names from OSM, or you geocoded your data using the locations of roads or building shapes in OSM - then you are making a derivative database.

[muralito]

@abrh

Thanks a lot. I’ll explain what I mean.
Foursquare allows people to add points of businesses to their database, and choose the location by pinning a point on an OSM map.
This means, an OSM map is clicked, and the location is saved to the database.
Does this means the whole Foursquare database, or at least the businesses that were added this way, are licensed under ODBL?

Did you asked Foursquare if they made it available the data?

Did you post the issue in legal-talk http://lists.openstreetmap.org/listinfo/legal-talk ?