[OSM-legal-talk] Elevation / SRTM data

Igor Brejc igor.brejc at gmail.com
Mon Jul 8 08:48:36 UTC 2013


To answer all your questions in one go: there has been a lot of discussion
(especially on this mailing list) about the problems/issues you raised. And
there have been some efforts to better clarify these things. I suggest
reading the mailing list archive.

My own opinion is that the legal issues here are murky and I agree they
could be interpreted differently by different lawyers/people. And I guess
it is very difficult to write a good license text for such type of license,
since there are a lot of different ways the data could be used, lot of
corner cases and a lot of ways the licence could be circumvented by
interested parties if written too specifically. I guess the protecting
power of ODbL is in its murkiness :)

I would not give myself too much hope with interpretations of "trivial" and
"substantial", in my opinion your use case falls well outside of a trivial
and unsubstantial use.

On Mon, Jul 8, 2013 at 10:35 AM, Peter K <peathal at yahoo.de> wrote:

>  Thanks Igor!
>
> I still have a problem when the "substantial" part of the license apply.
> Also in the wiki there is an explanation about "trivial transformation".
> Are there some examples when both of them applies?
>
> The wiki raises more questions then it solves as it e.g. does not say if
> the example is a trivial transformation or not:
>
> http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline
>
>
> > Both, I think - this means you publicly distribute the Derivative
> Database, which has its implications. It also means
> > that CGIAR-based data is then available to public through a license
> different (and more permissive) than the original
> > CGIAR license, which the owner is probably not going to be happy about -
> since he then cannot enforce the
> > "*If interested in using this data for commercial purposes please email*"
> rule.
>
> Ok, makes sense! BTW: why is such a modification not allowed for
> OpenStreetMap? IMO this limits the applications a lot as also enterprise
> guys cannot just buy a commercial license of OSM so they would need to *
> completely* stay away from OSM!
>
>
>
> > But again, I'm not a lawyer :)
>
>  The thing with ODbl is that even lawyers are not sure because there are
> no (or too few) court cases. So the community has to make this very vague
> ODbl definition more specific. This clarification would be important to
> increase the adoption in the enterprise.
>
> Regards,
> Peter.
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk
>
>
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