[OSM-legal-talk] Computer-generated derivative

[Peter Miller]

On 9 Mar 2009, at 12:19, Jukka Rahkonen wrote:

> Richard Fairhurst <richard at ...> writes:
>
>>
>> Hello all,
>>
>> This isn't (shock horror) specifically a licence-change post.
>>
>> If Fred has a program running on his computer that downloads OSM
>> data, then combines it with some proprietary, non-CC-BY-SA stuff,
>> that's perfectly ok as long as Fred doesn't then distribute the
>> result. In fact, Fred isn't actually _allowed_ to distribute the  
>> result.
>>
>> And therefore, I presume the same is true if the program is a Flash
>> app (running client-side, of course, albeit with a browser frame
>> around it) which outputs the result as a PDF - which Fred can then
>> save to his local hard drive and/or print. Right?
>>
>> cheers
>> Richard
>
> Hi,
>
> By accident I was just tuning my MapServer and thinking about  
> analogous
> situations.  How about if my WMS server holds both OSM data and some  
> other
> datasets with different licenses?  WMS user can request layers  
> separately (send
> me A and then B) and client software combines them. But user may  
> also ask server
> to render them together on server side (send me layers A+B merged  
> together).
> Then user can print the result to pdf and the final product looks  
> just the same.
> Or user can even ask MapServer to send the two layers together AND  
> in pdf
> format, and the resulting pdf looks again rather the same.  There  
> are three ways
> to reach the same goal, but just one of them is allowed, or?
>
> Should I run separate WMS services for each type of licenses? That  
> would
> guarantee that the client software should sent separate requests for  
> the layers
> and thus server side combining would be prevented.
>
> And how about OpenLayers applications like this:
> http://sautter.com/map/?zoom=5&lat=64.45292&lon=30&layers=B000TFFF
> I believe that the application can exist, but how about if somebody  
> makes a
> printout?

Is there is Use Case that you could put on the wiki for this one?

I am not following the thread but if you want it to be checked out by  
a lawyer then I suggest you get it on the wiki in the same format as  
the others. In the end we need a license that works for the key use  
cases. If the ODbL one won't do that then we will need to think  
again.  What is clear is that the current version of the ODbL isn't  
there yet.
http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases



Regards,


Peter


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