[OSM-legal-talk] some questions about "Produced Works" under the ODbL
Frederik Ramm
frederik at remote.org
Fri May 21 15:31:49 BST 2010
Oliver,
Oliver (skobbler) wrote:
> I think the "updatability" is key when distinguishing between Derived and
> Produced Work.
That concept is completely new and has never been brought up in the
discussions around ODbL. It might work and it might not. It would be
good if it worked because that would make the distinction easy ;-) then
again any distinction based on the pure properties of the work would not
be able to take the "intent" into account which I explained in my
previous message.
You can certainly have a derived database that is not updateable (e.g.
simply drop all IDs). I'm not sure if you can have a produced work that
is updateable; I cannot come up with something right now.
>> Interesting question: If you did shred the data, would you be allowed to
>> publicly display your Atlas afterwards?
>
> To my understanding and in line with my concept above it could be treated as
> produced work that is based on non-modified data.
>
> Otherwise any source data of a produced work would have to be made available
> and I think this is not the intention.
Not sure if I understand correctly. In my example, the atlas was meant
to be a produced work based on *modified* data, thus I had to give the
data to you; I assumed that you then destroyed the data which was within
your rights, but later you decided you wanted to put the produced work
on display. ODbL 4.3 says:
"if you Publicly Use a Produced Work, You must include a notice
associated with the Produced Work reasonably calculated to make any
Person that uses, views, accesses, interacts with, or is otherwise
exposed to the Produced Work aware that Content was obtained from the
Database, Derivative Database, or the Database as part of a Collective
Database, and that it is available under this License."
This sounds as if you would have to "make [everyone] aware that [the
database] is available under this license" - but in my hypothetical
situation the database does not exist any more.
The question I was asking is, what happens if a produced work survives
the data from which it was created - does it then become
"un-publicly-usable"?
Bye
Frederik
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