[OSM-legal-talk] Updated geocoding community guideline proposal

[Martin Koppenhoefer]

2014-11-03 15:05 GMT+01:00 Alex Barth <alex at mapbox.com>:

> On Mon, Nov 3, 2014 at 8:56 AM, Martin Koppenhoefer <
> dieterdreist at gmail.com> wrote:
>
>> where in one of the first paragraphs there is this unproven claim:
>>
>> "
>>
>> Geocoding Results are a Produced Work by the definition of the ODbL
>> (section 1.):
>>
>> “Produced Work” – a work (such as an image, audiovisual material, text,
>> or sounds) resulting from using the whole or a Substantial part of the
>> Contents (via a search or other query) from this Database, a Derivative
>> Database, or this Database as part of a Collective Database."
>>
>>
> A geocoding result is created via a search or a query. It's a Produced
> Work. A work can specifically be a database, see
> http://www.out-law.com/page-5698, "Databases are treated as a class of
> literary works and may therefore receive copyright protection for the
> selection and/or arrangement of the contents under the terms of the
> Copyright, Designs and Patents Act 1988." (UK law)
>
> This is clearly a possible reading of the ODbL and it would enable
> geocoding.
>


Do you really think that a list of addresses can be seen as similar to a
literary work? Will there be any protectworthy "selection and/or
arrangement of the contents"? This probably has to be found out based on
the individual case and decided by a judge - there will be databases that
qualify as works, but maybe this doesn't exclude them from being a database
the same time in the context of ODbL?

Let's presume we all followed this reading, then when would something
actually fall under the definition of "derivative" database? Why would we
still be writing to legal talk instead of using the whole OSM db as a
produced work - produced e.g. by performing some operations like wget
planet.osm -O osm-produced.work

cheers,
Martin
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