[OSM-legal-talk] Geocoding as produced work (was: Proposed "Metadata"-Guideline)

[Tom Lee]

>
> I mean, nobody cares about a single on-the-fly geocoding result (this
> easily falls under the "substantial" guideline) but if you repeatedly
> query an ODbL database with the aim of retrieving from it, say, a
> million lat-lon pairs to store in your own database, then how in the
> world could this new database ever be *not* a derivative? Even if you
> were to define a single geocoding result as a produced work, combining a
> large number of them in a database would still get you a derived
> database again.


Can't the same argument apply to tiles? If you used tiles to recreate the
OSM database (say, by tracing road geometry or by OCRing feature names) and
then republishing under a different license, you would clearly be violating
the ODbL.

It seems as though the same approach can apply to geocoding: locate
features to your heart's content, but if you use the results to create a
general purpose geographic database that substitutes for/competes with OSM,
you'll be in violation of the license.


On Wed, Sep 23, 2015 at 2:18 AM, Frederik Ramm <frederik at remote.org> wrote:

> Hi,
>
> On 09/23/2015 01:26 AM, Alex Barth wrote:
> > This could be well done within the confines of the ODbL by endorsing the
> > "Geocoding is Produced Work"
> > guideline
> https://lists.openstreetmap.org/pipermail/legal-talk/2014-July/007900.html
>
> Frankly, even if I was of the opinion that it would be desirable for the
> ODbL to not apply to geocoding, I don't think that "Geocoding is
> Produced Work" could ever fly, legally, at least in countries that have
> a sui generis database law.
>
> I mean, nobody cares about a single on-the-fly geocoding result (this
> easily falls under the "substantial" guideline) but if you repeatedly
> query an ODbL database with the aim of retrieving from it, say, a
> million lat-lon pairs to store in your own database, then how in the
> world could this new database ever be *not* a derivative? Even if you
> were to define a single geocoding result as a produced work, combining a
> large number of them in a database would still get you a derived
> database again.
>
> Bye
> Frederik
>
> --
> Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"
>
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