[OSM-legal-talk] Guidelines on interpretation of section 4.6 od ODbL

[David Groom]

> ----- Original Message ----- 
> From: "Frederik Ramm" <frederik at remote.org>
> To: "Licensing and other legal discussions." 
> <legal-talk at openstreetmap.org>
> Sent: Sunday, July 10, 2011 11:51 PM
> Subject: Re: [OSM-legal-talk] Guidelines on interpretation of section 4.6 
> od ODbL
>
>
>
> Hi,
>
> David Groom wrote:
>> A)  The term "offer"  as used in the first paragraph of section 4.6 "You 
>> must also offer to recipients ".  I would have thought this means that 
>> whenever you  publicly use a Derivative Database or a Produced Work from 
>> a Derivative Database then you must instantly comply with the remainder 
>> of section 4.6.  I may have misunderstood Frederick, but I infer from his 
>> comment "....so in effect if someone ever asks you......" [2] that he 
>> believes you only have to comply with the requirements of section 4.6 
>> when asked.
>
> Well you have to *comply* with the requirements always, not only when 
> asked.

OK, I must have misunderstood what you were saying in the email I referred 
to earlier.  Happy to have cleared that up.


> But the requirement is to "offer" something, and in general legal or
> commercial terms, an offer will only lead to a transaction if taken up
> by someone.
>
> For example, you can "offer free headphones with every purchase of a
> music CD" but this does not mean that the headphones must be
> shrink-wrapped with the CD; the "offer" might indeed be something like
> "simply send us your address and a proof of purchase and we'll send you
> the headphones".
>
> See also
> http://wiki.openstreetmap.org/wiki/Open_Data_License/Closed_Issues under
> the first section ("What sort of access to Derivative Databases is
> required?") where our lawyers say:
>
> "This offer can point to a publicly accessible dump, diff or explicit
> instructions for recreating the database, or it can be an (email)
> address at which the author can be contacted. If someone takes up the
> offer - makes a request for the database - you must provide it to them
> within a reasonable time from receiving the request ..."
>
>> C)   In section 4.6(b) what does the "OR" relate to.  It could mean
>>
>> (i) "A file containing all of the alterations made to the Database" OR " 
>> the method of making the alterations to the Database (such as an 
>> algorithm)...."; ie a file or the method
>> (ii) A file containing "all of the alterations made to the Database" OR 
>> "the method of making the alterations to the Database (such as an 
>> algorithm)..." ie a file which contains all the alterations OR a file 
>> which contains the method.
>
> I don't think it matters but I dont't think it makes sense to require
> that the method be described "in a file".
>

It matters in the sense that either (i) or (ii) was implied, and we (OSM) 
need to understand what is meant.  I'm happy to agree with you that we go 
along with interpretation (ii).

Regards

David

> Bye
> Frederik
>
> -- 
> Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"
>
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