[OSM-legal-talk] application of ODBL to an extarct of OSM obtained via jxapi

[David Groom]

> ----- Original Message ----- 
> From: "Richard Weait" <richard at weait.com>
> To: "Licensing and other legal discussions." 
> <legal-talk at openstreetmap.org>
> Sent: Friday, June 17, 2011 9:34 PM
> Subject: Re: [OSM-legal-talk] application of ODBL to an extarct of OSM
> obtained via jxapi
>
>
>
> On Fri, Jun 17, 2011 at 4:09 PM, David Groom <reviews at pacific-rim.net>
> wrote:
>> Word in quotes below relate to the meanings given them by ODbL
>>
>> Assume I use jxapi to download an extract of the main OSM database . Is
>> the
>> downloaded extract a "Derivative Database", or since the download was
>> provided by OSM does the downloaded data qualify as simply a "Database"?
>
> Does not §4.4b answer this[1]?

Without wishing to state the obvious, if I thought 4.4b answered my 
question, then I wouldn't have asked the question on this list.

I understood that if I was the one who carried out the extraction then the 
database created would be a derivative database, but it wasn't clear to me 
whether if the "Extraction or Re-utilisation of  the whole or a Substantial 
part" was carried out by the licence holder (ie OSMF) whether this simply 
created a new database, rather than a derivative.

David

>
> "      b. For the avoidance of doubt, Extraction or Re-utilisation of
> the whole or a Substantial part of the Contents into a new database is
> a Derivative Database and must comply with Section 4.4."
>
> As a practical matter, we almost always deal with the OSM db in terms
> of a smaller extraction.  We create tiles for a few blocks with many
> object types, or tiles with only country boundaries and oceans
> covering the whole planet.  "Planet" files and planet history files
> are probably the most frequent use that considers the complete db at
> one time.  So it might be a derivative database of OSM, but it seems
> indistinguishable from "the OSM database broken into a manageable
> chunk"  ;-)
>
> Why?  Do you have a specific use in mind?

I'm just trying to become familiar with the new terminology we are likely 
soon to be dealing with.

David

>
> Best regards,
> Richard
>
> [1] http://www.opendatacommons.org/licenses/odbl/1.0/
>
> _______________________________________________