[OSM-legal-talk] ODbL, Derivative Databases & Produced Works

[Dave Stubbs]

I've been reading the Use Cases on the wiki and I'm confused. Can
anyone help me with where I'm going wrong?

I know there's still some discussion about when something becomes a
Produced Work so I'm trying to make the use case below a clear cut
Produced Work.

I download a substantial amount of OSM data to make my map, I then add
some extra data, change several bad road names, and correct some
geometry, all to improve the data (thus indisputably a derivative
database), and I then use this Derivative Database to create a paper
map (ie: a Produced Work) which I publish. The edited OSM data sits on
my hard disk, never to see the light of day.

The legal council says for a very similar Use Case: "The example
suggests that the map is a “Produced Work” that would require notice
under Section 4.3 of the ODbL; access to the “Derivative Database”
upon which the Produced Work is based would also have to be made
available".
Also a number of people on various lists have been asserting similar things.

So where in the ODbL does it say I have to publish that derived database at all?

I don't at any point publicly Convey the Derivative Database so 4.2,
4.4, 4.6 onwards does not apply unless I'm forced to publish. 4.5
explicitly states using a derivative database internally to an
organisation is not covered by 4.4. A Produced Work does not create a
Derivative Database for the purposes of section 4.4 either. And Using
a Produced Work is explicitly excluded from the definition of "Convey"

>From 4.3:
"...You must include a notice ... as part of the Produced Work
reasonably calculated to make any Person that uses ... the Produced
Work aware that content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database and that
the Database is available under this Licence"

>From reading that I think I have to state:
 "This map contains information from a derivative of the OSM database.
The OSM database is made available here under the Open Database
Licence (ODbL)"

And that's the end of my obligations.

Am I missing something obvious, or am I just being sneaky in some way?
And is there a way it can be made more obvious in the license if it's
actually intended to be that way?

Thanks,

Dave