[OSM-legal-talk] Exception in Open Data License/Community Guidelines for temporary file

[David Groom]

----- Original Message ----- 
From: "ThomasB" <toba0211 at yahoo.de>
To: <legal-talk at openstreetmap.org>
Sent: Wednesday, June 22, 2011 3:03 PM
Subject: Re: [OSM-legal-talk] Exception in Open Data License/Community 
Guidelines for temporary file


>
>
> David Groom wrote:
>>
>> As far as I can see, ignoring your specific example, and genearlising, 
>> the
>> "unwanted implication" of your clarification above would be that as long
>> as
>> someone deleted the derivate database they had created they could then
>> claim
>> it was "temporary" and therefore sidestep the requirements of the ODbL to
>> distribute it.  To avoid this you would thenhave to start defining
>> "temporary" etc.
>>
>
> Thanks David. Good point. I think the intention is to avoid that someone 
> mix
> OSM with proprietary data and makes a produced work out of it without
> sharing the proprietary data.
> So let me rephrase it and restrict a bit more
>
> /"Temporary software generated files used for the generation of a Produced
> Work or a Derivative Database that
> i) contain data from OSM,
> ii) may contain data from other sources that are
>  a) free and open licensed /(hope there is a definition for that 
> anywhere)/
> and
>  b) publicly available
> iii) do not contain any proprietary data
> iii) are only created and used for the purpose of the generation of one
> Produced Work or one Derivative Database,
> iv) will not be used for any purpose thereafter,
> v) will not be distributed or made publicly available
> do not constitute a derivative database, collective database or produced
> work"
> /


I think that the above wording has the same implications as the points I 
have summarised on my latest post to this list with the subject line "When 
goes a 'community guideline' change rather than explain a licence".

Incidentally my post was not written in response to your earlier post, it 
was a query I already had, but it may indicate the timeliness of my post.

David

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