[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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