Zh-hant:Legal FAQ

法律上的常見問題

問題集

開放街道圖地理資料的授權方式為何?

The license of the data itself is currently Creative Commons Attribution-ShareAlike 2.0. This is stated on the OpenStreetMap License page.

When you upload data to OSM, you are the copyright holder of your data, but you agree to license it under the terms of this licence. This means only you can relicense the data, unless you have joined on or after May 11, 2010, in which case you have granted the OpenStreetMap Foundation this right. The copyright of the whole data set is scattered among all contributors.

Some contributors release their contributions to the public domain.

A tile usage policy also applies for access to our server.

關於授權方式的變更是怎麼一回事?

我們正在考慮變更到 Open Database Licence(ODbL)。這與目前的授權方式非常相似，但是，開放街道圖基金會認為，就法律上的角度而言，ODbL 比較安全，也為貢獻者和使用者兩方都提供更詳細的資訊。 常見問題請見開放資料授權方式常見問答集。

軟體的授權方式為何?

Where not expressly otherwise stated, source code of the tools used to modify and distribute the data is licensed under the GPL.

Again, several contributors additionally make their code available under different licences; Potlatch and Gosmore, to take two examples, are both public domain.

我可不可以用 Google 街道圖 / Google 虛擬地球圖 / 英國地政圖 / ... 的資料來畫開放街道圖?

No. Other sources must not be used as the base of any data uploaded to OSM. This is because their licences forbid you to do so. Only sources with compatible licenses - such as US Government information released into the public domain - may be used as base for adding OSM data. However, it is OK to use Yahoo! Aerial Imagery, as Yahoo! have agreed to allow OSM to use it. Better still, create the data yourself!

See Potential Datasources for possible sources of data, with compatible licences, to use with OSM.

某某組織在某授權方式的條件規範下可以免費下載資料, 我是否可以用這些資料來畫開放街道圖?

Approach the data owners, explain OSM, and seek written permission to licence their data under our licence or (for the avoidance of doubt) without any restrictions on use at all.

Unless it is clear that the data can be used without restriction, please do not rely on your own legal interpretation of the licence. OSM is all about creating a freely and easily redistributable data set. Anything which taints the dataset or exposes OSM to possible legal action interferes with that objective.

Even if you only want to use a minor part, or compare the sources, you should still seek approval in writing. The legal principles involved are not well developed, and the OSM community wants to develop a free and untainted dataset and not test any of the legal issues involved here.

In short: be ultra-cautious.

如果我有一些從開放街道圖裡拿來的資料，我是否可以散佈這些資料?

The licence does not force you to distribute or make any data available. But if you do choose to distribute it, or anything derived from it, it must be under the same licence terms as the OSM data.

我能否就散佈 OSM 資料或是就從 OSM 裡得來的資料索價?

可以。你可以就任何你所提供的服務或是資料索取任何價格。但是，因為這些資料(或是服務)是從 OSM 的資料取得的，必須以上述的授權方式釋出，其他人可能會以無價免費的方式再散佈出去。

我能否得到許可去在另一個授權方式下散佈 OSM 資料?

OSM 資料的版權歸屬於個別貢獻者。如果你欲使用的資料是由單獨一個或是一些 OSM 貢獻者所提供，你可以問他們是否願意用另一個不同的授權方式提供他們的資料給你。

我想使用開放街道圖的地圖，請問我該如何表彰你們?

The requirements are stated in section 4.c of the OpenStreetMap licence. In brief, you need to credit OpenStreetMap and make it clear that the maps are available under our licence terms.

What credit to use

• If you are using OpenStreetMap tiles (e.g. Mapnik or Osmarender/tiles@home), we request that your credit reads at least "(c) OpenStreetMap (and) contributors, CC-BY-SA".
• If you are using OpenStreetMap data only, we request that your credit reads at least "Map data (c) OpenStreetMap (and) contributors, CC-BY-SA".

Where possible, 'OpenStreetMap' should be hyperlinked to http://www.openstreetmap.org/, and CC-BY-SA to http://creativecommons.org/licenses/by-sa/2.0/ . If you are using a medium where links are not possible (e.g. a printed work), we suggest you direct your readers to www.openstreetmap.org (perhaps by expanding 'OpenStreetMap' to this full address) and to www.creativecommons.org.

Good examples: [1], [2], [3].

Where to put it

This credit needs to appear in a place "reasonable to the medium or means you are utilising". In other words, you should expect to credit OpenStreetMap in the same way and with the same prominence as would be expected if you were using any other map supplier.

Our common interpretation of this is:

• For a browsable electronic map (e.g. embedded in a web page or mobile phone application), the credit should typically appear in the corner of the map, as commonly seen with map APIs/libraries such as Google Maps.
• 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).

If you are producing library code that offers OpenStreetMap data or tiles, you should make sure library users are aware of these terms. We strongly recommend that you display this credit by default when your library is used.

There is some lack of clarity about whether a formal requirement exists in the CC-BY-SA licence to credit every single OSM contributor. We do not believe this is practical or desirable and therefore the above standards have generally been adopted. The proposed Open Database Licence will not suffer from this drawback but will have broadly similar standards of attribution.

Licence Interpretations of how OSM data can be used

The following licence interpretations were created by some OSM contributors by referring to the licence, and their understanding of the law. They were not created by lawyers, and do not constitute legal advice. The answers may not be the opinion of all or even a majority of OSM contributors. They or of the OSM Foundation.

You are responsible for your own use of OSM data, and in your circumstances you may have to refer to the licence directly, and obtain your own legal advice.

• Common licence interpretations

See also

• "The licence: where we are, where we’re going" news post from January 2008.
• Open licence questions: some matters for debate suggested by OSM contributors
• Licence debates