[OSM-legal-talk] Guideline review: Substantial

Paul Norman penorman at mac.com
Tue Apr 29 08:52:26 UTC 2014


See
https://wiki.openstreetmap.org/wiki/Open_Data_License/Substantial_-_Guidelin
e for guideline text.

> The Open Data License defines a term 'Substantial' which is then used 
> in the License to define a threshold about when certain clauses come 
> into effect. 

Substantial is a term defined in the relevant law, similar to fair use 
or fair dealing under copyright law. We're not referencing the law at 
all in the guideline. If the use is insubstantial, than the ODbL doesn't 
come into play at all as you need no license. 

Is there any relevant case law on substantial?

> Less than 100 Features

I'm not sure that 100 features will always qualify as insubstantial. As 
an example, consider a restaurant chain with a database of restaurants, 
and they have less than 100 locations. If we accept this definition of 
insubstantial as being true for geospatial databases in general, then 
their entire database could be extracted. If its true for OSM but not 
all other geospatial databases, we need to explain why.


> The features relating to an area of up to 1,000 inhabitants which 
> can be a small densely populated area such as a European village or 
> can be a large sparsely-populated area for example a section of the 
> Australian bush.

This doesn't really work in sparsely populated areas. I think it'd 
allow extraction of all of Antarctica! It'd basically give no protection
to well mapped remote natural areas.




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