[OSM-legal-talk] produced work vs. derivative db

Jonathan Harley jon at spiffymap.net
Mon Jul 15 09:00:23 UTC 2013


On 15/07/13 08:47, Michal Palenik wrote:
> On Thu, Mar 07, 2013 at 03:22:56PM +0100, Tadeusz Knapik wrote:
>> Hello,
>>
>>> generally the answer to question "is it produced work or derivative
>>> database?" is "doesn't really matter, even if it were produced work, you
>>> are obliged to published the underlaying derivative database"
>>> however, on several pages under the use cases wiki page, eg
>>> http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Using_OSM_data_for_the_production_of_a_hand-made_map
>>> still set a hard line between produced work and derivative database.
>> Because, simply speaking, the difference is huge, just like between
>> Public Domain (for PW, as long as you contribute OSM) and ODbL (for
>> the derivative database, if there is any).
>> Bear in mind there's a possibility that there's no "underlaying
>> derivative database", but PW is made directly from OSM data.
> during the process, there is always a derivative DB, be in only in RAM
> or any other form. it does not matter if the process is done in one or
> thow shell scripts.
>

While I can see your point, that's not a useful definition of a 
derivative DB, since you can't be expected to share a database that you 
haven't stored yourself.

The use cases draw a sharp line between produced work and derivative db 
because the OdBL itself does. The intention of the OdBL is not to 
trigger share-alike on produced works, precisely to allow use of OSM's 
data with other independent (perhaps commercial) data sets without 
forcing the other data to be made public.


J.

-- 
Dr Jonathan Harley   :    Managing Director    :   SpiffyMap Ltd

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