[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: "Frederik Ramm" <frederik at remote.org>
> To: "Licensing and other legal discussions." 
> <legal-talk at openstreetmap.org>
> Sent: Sunday, June 19, 2011 10:57 PM
> Subject: Re: [OSM-legal-talk] section 4.6 of ODbL was [talk-au] Statement 
> from nearmap.com regarding submission of derived works from PhotoMaps to 
> OpenStreetMap
>
>
>
> Hi,
>
> David Groom wrote:
>> 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
>
> There's nothing I know that overrides section 4.6; however it is
> mellowed by two things:
>
> 1. You only have to supply something on demand, i.e. you can wait for
> someone to send you an email asking for the data.
>
> 2. Remembering that "the Database" is not, as a computer geek might
> think, the exact snapshot of data at a certain time, but may be the
> general concept of "the OpenStreetMap Database"; 4.6b says it is enough
> to hand out the "method" that makes up the difference beetween your
> database and the original one, so in effect if someone ever asks you can
> email them the osm2pgsql source code and say: "run this on the OSM
> planet file and then you have my database".
>
> You are certainly not required to make available a historic snapshot of
> OSM just because you have a historic tile on your server.

Frederik,

if what you say is true, that is indeed good news.  In my naivety I had 
assumed that the actual derived database that you were required to 
produce( or the file containing all of the alterations made to the ,or the 
method of making the alterations to the Database (such as an algorithm), 
including any additional Contents, that make up all the differences between 
the Database and the Derivative Database) was the one that had been used to 
produce the "produced work".  I hadn't realised that any copy of the OSM 
database, even if that copy could not itself be used to produce the 
"produced work", would suffice.

David

>
> See also the work-in-progress page
> http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline
>
> Bye
> Frederik
>