[OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

[Anthony]

On Fri, Sep 3, 2010 at 3:10 PM, Frederik Ramm <frederik at remote.org> wrote:
> Hi,
>
> Anthony wrote:
>>
>> Ah, if you meant "Covered Database" you shouldn't have said "database"
>> :).  Produced Work and Covered Database are mutually exclusive.
>> Produced Work and database are not.
>
> The ODbL itself does not draw a clear line between Covered Database and
> Produced Work. A common definition of the term "database" as given e.g. in
> the EU database directive would apply even to a PNG fie, whereas we clearly
> do not want a map tile to be considered a database.

Exactly.

> Then again a PNG that
> simply contains a coded version of the full database would certainly be a
> database as far as we're concerned.

Why would it matter?

> This is something that we the project have to define, and the current
> suggestion of LWG is
>
> "If it was intended for the extraction of the original data, then it is a
> database and not a Produced Work. Otherwise it is a Produced Work."
>
> See
> http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline.

LOL, I hope you go with that definition.