[OSM-legal-talk] ODbl and collective databases

[David Groom]

> ----- Original Message ----- 
> From: "Frederik Ramm" <frederik at remote.org>
> To: "Licensing and other legal discussions." 
> <legal-talk at openstreetmap.org>
> Sent: Monday, July 11, 2011 11:39 PM
> Subject: Re: [OSM-legal-talk] ODbl and collective databases
>
>
>
> David,
>
> David Groom wrote:
>> This seems to be quite different to my interpretation, and it would be 
>> good to have some clarification, as the definition is quite fundamental 
>> to a number of use cases of OSM data.
>
> You can always make an excerpt from an ODbL licensed database, which
> will then be an ODbL licensed database in its own right. That's the
> classic "derived database" thing.
>

Well that's what I asked to this list on 17 June [1] , and you will see from 
the only answer received (which incendtally was from a member of the LWG) 
that an except of an ODbL database will always be a Derivative Database, and 
not an ODbL licensed database in its own right.

Its why I asked the question.

Now I'm happy to believe that RW was wrong, but it would have been helpful 
if someone had pointed that out before now.  It actually makes a lot more 
sense, its a lot easier to see how Collective Databases can come about, and 
it helps with a lot of use cases of OSM, but it does rely on the fact that 
an except from an ODbL database can be an ODbL database in its own right, 
which three weeks ago I was told could not be the case.

Regards

David.

[1] 
http://lists.openstreetmap.org/pipermail/legal-talk/2011-June/006236.html

> While you have to retain attribution saying you derived this from X, in
> every other aspect your new, derived database stands on its own feet,
> and the ODbL applies to it in exactly the same fashion as it did to the
> "original" database.
>
> Therefore, whenever the ODbL says "this database", that could either be
> the full OSM database; or you could make an excerpt from OSM, licensed
> under ODbL, which would then again be "this database" in a smaller 
> context.
>
> Apart from the attribution thing, the excerpted database is not
> different, legally, from the "mother database"; there is nothing in ODbL
> that refers to that mother database in any way.
>
> Bye
> Frederik
>
> -- 
> Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"
>
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