[OSM-legal-talk] section 4.6 of ODbL was [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

[David Groom]

----- Original Message ----- 
From: "John Smith" <deltafoxtrot256 at gmail.com>
To: "Licensing and other legal discussions." <legal-talk at openstreetmap.org>
Sent: Sunday, June 19, 2011 11:33 AM
Subject: Re: [OSM-legal-talk] [talk-au] Statement from nearmap.com regarding 
submission of derived works from PhotoMaps to OpenStreetMap


>
> On 19 June 2011 20:31, Robert Whittaker (OSM)
> <robert.whittaker+osm at gmail.com> wrote:
>> While person C could indeed get access to the original data (which
>> must be offered by B), in the hypothetical situation I envisaged, they
>> choose not to do so. They obtain the produced work under PD/CC0 or
>> CC-By without seeing the database it was produced from or agreeing to
>> the ODbL.
>
> Doesn't hosting/offering the DB only come into play if they make
> changes to the data?
>

>From reading section 4.6 of ODbL[1] my understanding is no.  There is no 
mention of it only applying if you change the data, the requirement seems to 
hold whenever
"You Publicly Use a Derivative Database or a Produced Work from a Derivative 
Database,"

However, the more I think about it, the more insane the above seems to be, 
so I'm sure it cant be true, and someone will point out something which 
overrides section 4.6

David

[1] http://www.opendatacommons.org/licenses/odbl/1.0/