[OSM-legal-talk] ODbl and collective databases

[David Groom]

----- Original Message ----- 
From: "Frederik Ramm" <frederik at remote.org>
To: <legal-talk at openstreetmap.org>
Sent: Tuesday, July 12, 2011 7:52 AM
Subject: Re: [OSM-legal-talk] ODbl and collective databases


>
> Hi,
>
> On 07/12/11 01:05, David Groom wrote:
>> 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.
>
> You are mis-interpreting his response.
>
> Of course an excerpt you make from OSM is always a derivative database. 
> But at the same time it is also a database in its own right.
>
> Else the whole ODbL could only ever deal with two levels - "oh dear, I can 
> only make derivative databases from the original database, nowhere does 
> ODbL say anything about derivative database from derivative databases! 
> FAIL!!!

ODbL gives you  the right to make a derivative of a derivative under Clause 
3(d)  "Creation of temporary or permanent reproductions by any means and in 
any form, in whole or in part, including of any Derivative Databases"

Regards

David

>this means I cannot cut out a city from the UK extract, I always have to 
>cut out my city from the planet file, because there are no provisions for 
>derived databases of derived databases..."
>
>> Now I'm happy to believe that RW was wrong,
>
> He wasn't; you just have to understand that this is no either-or 
> situation.
>
> It's really just the same with CC licenses; you can make a derived work 
> from a CC-licensed thing, and then that is a derived work with regard to 
> its "mother" work but it is a CC-licensed work in its own right with 
> regard to anything that might again be derived from it!
>
> Bye
> Frederik
>
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