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

[Frederik Ramm]

Hi,

Simon Ward wrote:
>> 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.

Do you have any suggestion on how to achieve this technically?

>> 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.

This is not about the distribution of a derived database; if I already 
have the database in a form that can be distributed, then sharing it is 
trivial.

My question is about the distribution of a Produced Work and whether or 
not the underlying derived database needs to be made available even if 
it does not have any value added. To make the exampe clear:

http://c.tile.openstreetmap.org/7/63/42.png

would, under the new license, be a "Produced Work". It is based on 
nothing more than is available at planet.openstreetmap.org, imported 
into a PostGIS database which is updated once a minute.

If we were to say that this PostGIS database, even though it is just a 
receptacle of stuff already freely available at plant.osm.org, needs to 
be made available, then, quite simply, our own tile server would have to 
be scaled back to once-a-day updates because we could not possibly 
produce the PostGIS dumps once an hour.

This is something I'm not really prepared to accept, and if the license 
currently allows this interpretation then it must be amended to be 
practical.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"