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

[Oliver (skobbler)]

>"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.

Sure, any Derivative Database that is made available to a 3rd party falls
under the share-alike. No doubt about that. This handled in section 4.4. The
exceptions are handled in the following section 4.5.

In case of "your" Produced Work, you make the Produced Work available to a
3rd party and not the Derived Database on which the Produced Work is based.
This clearly is one of the exceptions: "4.5 Limits of Share Alike. The
requirements of Section 4.4 do not apply in the following: [..], a
Derivative Database [..] to create a Produced Work does not create a
Derivative Database for purposes of Section 4.4;" 

This time I used the "[..]" to make it even clearer. I misread the
enumeration a few times but if you think about it, it only makes sense this
way.

In regards to the routing database, I was always the impression that you
have to make it available but the more often I read the license the more I
am convinced that it depends: if you grant any 3rd party access to the
routing database then there is no doubt that it falls under the share-alike
clause. The story becomes different if you provide a routing service and use
the routing database only internally. 

The trigger for the share-alike is that you "convey" the Derivative Database
to a 3rd party. So, the question here is if you provide a service on top of
a Derivative Database if you then "convey" the Derivative Database. If you
read the definition of "convey" then I think that the criteria "enables a
Person to make or receive copies of the Database or a Derivative Database"
is not met.

“Convey” – As a verb, means Using the Database, a Derivative Database, or
the Database as part of a Collective Database in any way that enables a
Person to make or receive copies of the Database or a Derivative Database.
Conveying does not include interaction with a user through a computer
network, or creating and Using a Produced Work, where no transfer of a copy
of the Database or a Derivative Database occurs.

However, while I am pretty sure in case of the Produced Work, I am still
struggling with the "service option". I think a few other opinions could
help.

Regards,
Oliver
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