<div class="gmail_quote">On Sat, Dec 12, 2009 at 8:44 PM, Matt Amos <span dir="ltr"><<a href="mailto:zerebubuth@gmail.com">zerebubuth@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<div class="im">On Sat, Dec 12, 2009 at 8:20 PM, 80n <<a href="mailto:80n80n@gmail.com">80n80n@gmail.com</a>> wrote:<br>
> On Sat, Dec 12, 2009 at 8:09 PM, Matt Amos <<a href="mailto:zerebubuth@gmail.com">zerebubuth@gmail.com</a>> wrote:<br>
>><br>
>> On Sat, Dec 12, 2009 at 6:30 PM, 80n <<a href="mailto:80n80n@gmail.com">80n80n@gmail.com</a>> wrote:<br>
>> > On Sat, Dec 12, 2009 at 4:13 PM, Matt Amos <<a href="mailto:zerebubuth@gmail.com">zerebubuth@gmail.com</a>> wrote:<br>
>> >> On Sat, Dec 12, 2009 at 3:43 PM, 80n <<a href="mailto:80n80n@gmail.com">80n80n@gmail.com</a>> wrote:<br>
>> >> > What kind of duck test can you use to be sure that a derived database<br>
>> >> > is<br>
>> >> > involved in the process?<br>
>> >><br>
>> >> if you suspect that someone is using a derived database, and isn't<br>
>> >> making an offer of it, you are suspecting that they are in breach of<br>
>> >> the ODbL. this can be tested by asking the company and, if they don't<br>
>> >> provide a satisfactory response, legal proceedings could follow.<br>
>> >><br>
>> > Exactly. On what grounds would you suspect that either company was<br>
>> > using a<br>
>> > derived database?<br>
>><br>
>> by whatever grounds you'd suspect that a company was providing<br>
>> services based on AGPL software, or distributing a binary<br>
>> incorporating GPL software - gut instinct ;-)<br>
><br>
> In the scenario I described you'd have no grounds for suspicion.<br>
<br>
</div>yes. and you'd have no grounds for suspicion if a company were using<br>
modified AGPL software, so you have to rely on gut instinct.<br>
<div class="im"><br>
>> let's assume it's known that this company is definitely using OSM data<br>
>> - determining that can be difficult, depending on exactly what it is<br>
>> they're doing with the data. in general, it's very difficult to do<br>
>> anything directly from the planet file alone, so i'd suspect that any<br>
>> company doing anything with OSM data has a derived database of some<br>
>> kind and, if there's no offer evident on their site, i'd contact them<br>
>> about it.<br>
>><br>
> You're going to do that for every single organisation that publishes some<br>
> kind of OSM data?!! Good luck.<br>
<br>
</div>no, i'm going to assume that most organisations and are going to read<br>
the license and abide by it, the same way they'd read and abide by any<br>
other open source/content license.<br>
<div class="im"><br>
>> it's a similar situation to looking at a site and thinking they're<br>
>> using OSM data to render a map, without respecting the license. it's<br>
>> entirely possible that they have some other data source, or have<br>
>> collected the data themselves. so it's a gut instinct whether or not<br>
>> you think any of the data has come from OSM and should be followed up.<br>
><br>
> Not at all. The lack of attribution is self evident. A derived database is<br>
> not at all evident.<br>
<br>
</div>company A: publishing a map with no attribution, but it's at least<br>
partly derived from OSM.<br>
company B: publishing a map with no attribution and it's all their own data.<br>
<br>
a lack of attribution is evident, but whether they're using OSM data<br>
isn't. you have no grounds for suspicion, but you might have a gut<br>
instinct. what do you do?<br>
<div><div></div><div class="h5"><br></div></div></blockquote></div>If you have no grounds for suspicion then you do nothing. <br><br>But checking the Easter Eggs is a pretty good method of establishing grounds in your example. That doesn't hold true for the derived databases in my scenario.<br>
<br>