[OSM-legal-talk] "Produced Work" guideline working

Frederik Ramm frederik at remote.org
Fri May 22 23:31:12 BST 2009


80n wrote:
> Actually I think the duck test http://en.wikipedia.org/wiki/Duck_test is the
> simplest way of approaching this problem.  If someone treats something as a
> database then its a database.  Otherwise its a produced work.
> They can call it whatever they like when the publish it.  The duck test
> kicks in when someone uses it.

The problem is that the one who *publishes* it has to say which license 
he intends to publish under. His choice of license is affected by 
whether what he publishes is a Produced Work or a Database (licensing 
options are mutually exclusive - Produced Works cannot be licensed under 
ODbL, and if it is a database it *must* be licensed under ODbL). This 
means that the choice cannot be deferred until the work is actually 
used, doesn't it?


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

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