[OSM-legal-talk] some questions about " Produced Works" under the ODbL

[Jukka Rahkonen]

Oliver (skobbler <osm.oliver.kuehn at ...> writes:

> Consequently this means that if you put layer (not an image) of e.g. outlets
> like McDonalds on the map (and fulfill the criteria of substantiability -
> meaning more than 100) than you have to make these outlet database
> available. So far, I was assuming that a layer of POIs on top of the map is
> a Produced Work but it is not as soon as it becomes "significant" (volume
> wise).
> 
> This also means that commercial POI providers cannot show POIs on top of the
> OSM map without their data falling under the Share-A-Like license.

As I read the license and the use cases page, the latter case is clearly a
"collective database".  Commercial POI providers can feel free to use OMS as a
backgroung map without a need to destroy their business.

>From license text http://www.opendatacommons.org/licenses/odbl/1.0/:
" 4.5 Limits of Share Alike. The requirements of Section 4.4 do not apply in the
following:

      a. For the avoidance of doubt, You are not required to license Collective
Databases under this License if You incorporate this Database or a Derivative
Database in the collection, but this License still applies to this Database or a
Derivative Database as a part of the Collective Database;

      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;"