[OSM-legal-talk] Paid services from OSM

[Richard Fairhurst]

Mikel Maron wrote:

> --- On Thu, 10/9/08, Simon Ward <simon at bleah.co.uk> wrote
> Merely processing into a different format needs to be clarified.  If
> someone takes OSM ways + nodes + relations and imports it into PostGIS
> without changing any of it, I see that as processing into a different
> format.  I believe that PostGIS DB should be freely available.
> If this were about code, the belief would be that every time  
> someone compiled that code into running software, that binary would  
> need to be freely available. Clearly not the reasonable thing for  
> software. But you would have this for data?
>
> If the ODL is unclear on this point (I'm not sure) than it should  
> be clarified.

"Derivative Database" – Any translation, adaptation, arrangement, or  
any other alteration of the Database or of a Substantial part of the  
Data. This includes, but is not limited to, Extracting or Re- 
utilising the whole or a Substantial part of the Data in a new Database.

[...]

"Use" –  As a verb, means doing any act that is restricted by  
Database Rights or copyright and neighbouring rights whether in the  
original medium or any other; and includes modifying the Database as  
may be technically necessary to use it in a different mode or format.

[...]

4.6 Access to Derivative Databases. If You publicly Use a Derivative  
Database You must also offer to recipients of the Derivative Database  
a copy in a machine readable form of:

	a. The entire Derivative Database; or
	b. A file containing all of the alterations made to the Database  
offered under this Licence,

including any additional Data, that make up all the differences  
between the Database and the Derivative Database.

The Derivative Database (under a.) or alteration file (under b.) must  
be available at no more than a reasonable production cost for  
physical distributions and free of charge if distributed over the  
internet.

[end quote]


It looks pretty unambiguous to me that the PostGIS version _would_ be  
classed as a derivative database ("includes modifying the Database as  
may be technically necessary to use it in a different mode or  
format") and therefore must be made available.

cheers
Richard
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