[OSM-legal-talk] License question, user clicking on map

[Jonathan Harley]

On 28/02/13 08:04, Jean-Marc Liotier wrote:
> On 02/28/2013 05:54 AM, Jake Wasserman wrote:
>> I'm a little confused.  The way I interpret your comment, merely
>> storing ODbL and non-ODbL data in the same database triggers share
>> alike.  But on the use cases wiki page
>> (http://wiki.openstreetmap.org/wiki/License/Use_Cases), Case 4 says:
>> 'It makes no difference whether you store the data sets separately, or
>> together in the same "database" software, whether that is a RDBMS,
>> NOSQL, filesystem or anything else. So long as the other data isn't
>> derived from OSM, the result is a Collective Database, not a
>> Derivative Database.'  In other words, storing ODbL and non-ODbL data
>> together does not trigger share alike.
> What I understand is that the difference between Derivative Database and
> Collective Database is whether or not the data is published under a
> common namespace. What storage is used does not matter.
>

What publication techniques you use are as irrelevant to database 
share-alike as what storage techniques you use. A set of data forms a 
Derivative Database if it's derived from OSM (modified, arranged, 
adapted etc); and if not - if it's just stored next to it or retrieved 
together with it - it's a Collective Database.

http://wiki.openstreetmap.org/wiki/Legal_FAQ#3d._If_I_use_your_data_together_with_someone_else.27s_data.2C_do_I_have_to_apply_your_license_to_their_data_too.3F
  says this in slightly different words:

"If the two datasets are independent ... this is a *Collective 
Database*. If you adapt them to work together (for example, by taking 
footpaths from the OSM data, roads from the third-party data, and 
connecting them for routing), this is a Derivative Database."


J.

-- 
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

md at spiffymap.com      Phone: 0845 313 8457     www.spiffymap.com
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