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

[Jukka Rahkonen]

Jukka Rahkonen <jukka.rahkonen at ...> writes:


> 
> Where actually goes the limit between database and something else? I believe
> that if I convert the data from osm format directly into ESRI Shapefiles then I
> do not have a database, or do I?  But if I let ArcGIS to store the shapefile
> data into its own personal geodatabase, then I would have a derived database
> again?  How about if I store some attributes from osm data into Excel vs.
> Access, the latter forms obviously a derived database while the first doesn't?

OK, it reads of course in the license test:

"Derivative Database" – Means a database based upon the Database, and includes
any translation,
adaptation, arrangement, modification, 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.

And:
"Substantial" – Means substantial in terms of quantity or quality or a
combination of both. The
repeated and systematic Extraction or Re-utilisation of insubstantial parts of
the Data may amount
to the Extraction or Re-utilisation of a Substantial part of the Data.

It means perhaps that almost any extract from OSM database is derivative
database, because even one single road is "substantial" in quality, and media
does not matter.