[OSM-legal-talk] Produced Work

[Peter Miller]

On 7 May 2009, at 02:36, SteveC wrote:

> Hi
>
> We've put together a practical definition for the OSMFs point of view
> on what a substantial extract is, or isn't
>
> 	http://wiki.openstreetmap.org/wiki/Open_Data_License/Substantial_Defined
>
> And we'd like help similarly with building a practical definition of
> Produced Work. Here's how the license RC1 defines it:
>
> "Produced Work" –  a work (such as an image, audiovisual material,
> text, or sounds) resulting
> from using the whole or a Substantial part of the Contents (via a
> search or other query) from this
> Database, a Derivative Database, or this Database as part of a
> Collective Database.
>
>
> Thoughts on more practical definitions?

The distinction between and Produced Work and a Derived Database is an  
important one for the ODbL license and there appears to be an  
assumption by the authors that something is either one or the other  
but not both.

A BMP, PNG or JPEG map could I guess be safely considered to be  
Produced Works and not to be a Derived Databases. There may be other  
formats that come to mind that also fall clearly into the Produced  
Work category, such as MPEG video used with TV broadcasts etc etc.

In our earlier discussions about this issue on the list we identified  
a number of vector formats that could be considered and used as  
Derived Databases and Produced Works; including KML, SVG, Postscript  
and PDF. Vector format such as KML can be used for something very  
small, such a single node, or very large, such as the railways of the  
world or conceivably I guess the whole OSM dataset. The above list of  
vector format is details the existing known formats in widespread  
usage. There is a general trend towards vector descriptions and usage  
is only going to grow and we need to allow for the unexpected uses  
that will emerge.

We covered the issue here:
http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases#When_is_something_a_Derivative_Database_when_is_it_a_Produced_Work_and_can_it_be_both

Commercial mapping companies solve the problem of vector formats by  
adding a simple clause to their license saying 'no vector data' but I  
don't think that any of us are proposing something like that for OSM.

Personally I think we are going to need to allow these vector formats  
to be both Produced Works and Derived Databases and explain how one  
should attribute and license a 'substantial' vector description of  
100+ features such as a KML file or SVG file.

Thanks for raising the issue on the list Steve.



Regards,



Peter


>
>
> Best
>
> Steve
>
>
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