[OSM-legal-talk] Lawyer responses to use cases, major problems

[Simon Ward]

On Sat, Feb 28, 2009 at 10:58:04PM +0100, Frederik Ramm wrote:
> "Having to grant access to pgsql data base"
> -------------------------------------------
> 
> In this use case we look at someone who does nothing more than taking 
> OSM data and rearranging it according to fixed rules, e.g. by running it 
> through osm2pgsql. The question we face is: Does this create a derived 
> database to which access has to be granted because of the share-alike 
> element of the license, or is it sufficient to say "this is just the 
> planet file run through osm2pgsql"?
> 
> The lawyer's answer is: "Need clarification here. From my reading, this 
> example would seem to constitute a Derivative Database under the ODbL."

It’s a database, derived from the original.  To me it’s a derived
database.  It does need clarifying to say just that.

>                                               this could mean that 
> anyone running osm2pgsql importing minutely data updates would possibly 
> have to make available a ''psql dump of the whole planet'' for any 
> snapshot time where someone cares to request it.

So be it.

> The problem with the old license, the problem we're trying to solve 
> mainly, is that there were so many unresolved issues, that a strict 
> reading of the license could bring down most services overnight and 
> everyone depended on a relaxed reading. If things like the above are not 
> made very very clear and leave any room for interpretation then the new 
> license, again, has the potential to wreck many legitimate uses when 
> read strictly.

ODbL already defines derivatives, produced works and collective
databases separately, and is much more permissive for the latter two.
Distribute a derived database, share it please.

Simon
-- 
A complex system that works is invariably found to have evolved from a
simple system that works.—John Gall
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