[OSM-legal-talk] The edges of share-alike on data Re: Attribution

[Jean-Marc Liotier]

On 05/05/2014 16:47, Frederik Ramm wrote:
> the use case sketched here went far beyond simply displaying an 
> overlay; this use case was about snapping speed recordings to OSM 
> street data to find out which street the recording was for in the 
> first place, thereby creating a derivative database.

In data modeling terms, displaying a speed data overlay requires 
"snapping speed recordings to OSM street data" (giving ways a 'speed' 
attribute) - both operations are complementary, not alternative.

According to your message, a graphical rendering of Openstreetmap ways 
and traffic data mashed up in a browser by joining on an OSM ID implies 
a derivative database. If it is, then I understand how some may avoid 
using Openstreetmap data for fear of virality.

What the ODBL says:

"Derivative Database" -- Means a database based upon the Database, and 
includes any translation, adaptation, arrangement, modification, or any 
other alteration of the Database or of a Substantial part of the 
Contents. This includes, but is not limited to, Extracting or 
Re-utilising the whole or a Substantial part of the Contents in a new 
Database - See more at: 
http://opendatacommons.org/licenses/odbl/1-0/#sthash.2YNYZwRi.dpuf
"Derivative Database" -- Means a database based upon the Database, and 
includes any translation, adaptation, arrangement, modification, or any 
other alteration of the Database or of a Substantial part of the 
Contents. This includes, but is not limited to, Extracting or 
Re-utilising the whole or a Substantial part of the Contents in a new 
Database - See more at: 
http://opendatacommons.org/licenses/odbl/1-0/#sthash.2YNYZwRi.dpuf
"Derivative Database" -- Means a database based upon the Database, and 
includes any translation, adaptation, arrangement, modification, or any 
other alteration of the Database or of a Substantial part of the 
Contents. This includes, but is not limited to, Extracting or 
Re-utilising the whole or a Substantial part of the Contents in a new 
Database - See more at: 
http://opendatacommons.org/licenses/odbl/1-0/#sthash.2YNYZwRi.dpuf
"Derivative Database" -- Means a database based upon the Database, and 
includes any translation, adaptation, arrangement, modification, or any 
other alteration of the Database or of a Substantial part of the 
Contents. This includes, but is not limited to, Extracting or 
Re-utilising the whole or a Substantial part of the Contents in a new 
Database

"Collective Database" -- Means this Database in unmodified form as part 
of a collection of independent databases in themselves that together are 
assembled into a collective whole. A work that constitutes a Collective 
Database will not be considered a Derivative Database. - See more at: 
http://opendatacommons.org/licenses/odbl/1-0/#sthash.2YNYZwRi.dpuf
"Collective Database" -- Means this Database in unmodified form as part 
of a collection of independent databases in themselves that together are 
assembled into a collective whole. A work that constitutes a Collective 
Database will not be considered a Derivative Database.

According to these definitions, because no alteration of Openstreetmap 
data takes place, adding a 'speed' attribute to Openstreetmap ways 
produces a Collective Database, not a Derivative Database. Therefore 
Share Alike does not apply.

"Collective Database" -- Means this Database in unmodified form as part 
of a collection of independent databases in themselves that together are 
assembled into a collective whole. A work that constitutes a Collective 
Database will not be considered a Derivative Database. - See more at: 
http://opendatacommons.org/licenses/odbl/1-0/#sthash.2YNYZwRi.dpuf
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