[OSM-legal-talk] public transport routing and OSM-ODbL

[Frederik Ramm]

Hi,

Oliver (skobbler) wrote:
> a derivative database that is only used to create a Produced Work is
> excluded from the share-alike:
> 
> 4.5 Limits of Share Alike. The requirements of Section 4.4 (Share-alike,
> remark Oliver) do not apply in the following:
> 
>       a. [..]
> 
>       b. Using this Database, a Derivative Database, or this Database as
> part of a Collective Database to create a Produced Work does not create a
> Derivative Database for purposes of Section 4.4; and

No, I believe you misread that (but would appreciate a third set of 
eyeballs on this). The sentence you quoted means:

"The act of using a derivative database (or this database, or this 
database as part of a collective database) for the creation of a 
produced work does not in itself create a derivative database".

I.e. simply using some database to create a produced work does not 
somehow magically create a derivative database which you would have to 
share. For example if you use the planet file to create a produced work, 
you are not automatically creating a derivative database.

However if you explicitly make a derivative database for the purpose of 
creating a produced work - and this is what would happen in my scenario 
- the full force of 4.4c,

"A Derivative Database is Publicly Used and so must comply with Section 
4.4. if a Produced Work created from the Derivative Database is Publicly 
Used."

and then 4.4a,

"Any Derivative Database that You Publicly Use must be only under the 
terms of: i. This License; ii. A later version of this License similar 
in spirit to this License; or iii. A compatible license."

There is no doubt in my mind that the derived database on which the 
routing is based *must* be shared.

Your interpretation of 4.5b would effectively render 4.4c completely 
useless.

Bye
Frederik

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