[OSM-legal-talk] ODbL, CTs and tracing GPS tracks

Anthony osm at inbox.org
Wed Aug 18 16:38:00 BST 2010


On Wed, Aug 18, 2010 at 11:14 AM, TimSC <mapping at sheerman-chase.org.uk> wrote:
> On 18/08/10 15:13, Anthony wrote:
>>
>> On Mon, Aug 16, 2010 at 1:51 PM, TimSC <mapping at sheerman-chase.org.uk>
>> wrote:
>>>
>>> Is tracing someones ODbL licensed GPS track a creation of a derived
>>> database
>>> or a produced work?
>>>
>>
>> Depends how you store the trace, doesn't it?
>
> How specifically does the interpretation of the ODbL depend on trace
> storage?

Sounds like a good question to ask your lawyer.

A produced work is "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."

A Derivative Database "Means a database based upon the Database, and
includes any translation, adaptation, arrangement, modification, or
any other alteration of the Database or of a Substantial part of the
Contents. This includes, but is not limited to, Extracting or
Re-utilising the whole or a Substantial part of the Contents in a new
Database."

If you store the trace as an image, then it's likely a produced work,
and not a derivative database.  If you store the trace as a database,
then it's like a derivative database, and not a produced work.



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