[OSM-legal-talk] Q&A with a lawyer

[Matt Amos]

On Tue, May 12, 2009 at 10:13 AM, Frederik Ramm <frederik at remote.org> wrote:
>> the OSMF LWG recently had a couple of calls with Clark Asay, who has
>> generously agreed to give OSMF legal advice concerning the new
>> license. i've attached the write up of the first of the calls
>
> Was that based on the 0.9 or 1.0 license?
>
> I am concerned because of
>
> Q: Is the process of creating a Produced Work restricted or affected by
> the ODbL in any way? Do any details of the process of creating a
> Produced Work need to be made Public?
>
> A: No. The process of creating a Produced Work does not need to be
> revealed, so any artistic interpretation involved does not have to be
> made available. The only requirement of the ODbL is the notice from
> section 4.3.

the question here needs to be clarified - my bad. the intent of the
question is whether anyone producing works would have to reveal their
creative inputs, e.g: their mapnik/osmarender/kosmos style rules or
ITOworld's custom renderer for OSM mapper.

> Q: How often does a Derived Database have to be made available? Must
> this be as often as my produced work or can I do this on a less frequent
> basis? How soon after the Produced Work is published must I make it
> available?
>
> A: Under the current version of the license, it isn't necessary to make
> the derived database available.
>
> It was my understanding that the above would have been true for 0.9,
> while the April 2008 ODbL draft and 1.0 would require making available
> the derivative database on which a produced work is built.

this is a question we have open with Jordan/Rufus and we're very
actively trying to get it resolved. it seems that there was some text
dropped between the response of ODC on their wiki to the co-ment
comments and the released version of 1.0-rc1. it is everyone's intent
to have the SA requirements triggered when a produced work is publicly
used, but clearly its unfair on Clark to ask him to answer a question
based on the assumption of some text which isn't in the license in
front of him.

cheers,

matt