[OSM-legal-talk] License clarification

[Paul Norman]

On 2018-06-07 12:19 AM, Christoph Hormann wrote:
> The idea that you can produce a data set using both OSM and non-OSM data
> in a meaningful way without there being either a collective or a
> derivative database seems fundamentally at odds with the basic concept
> of the ODbL.  The only way this could fly from my point of view would
> be if you could argue the use of OSM data is insubstantial - for which
> i see no basis in either law or the Substantial Guideline:

There's another case - when it isn't part of a collection of independent 
databases or doesn't have an alteration of OSM data, but it's just OSM 
data unmodified. This is the "this database" part of 4.2, talking about 
"this Database, any Derivative
Database, or the Database as part of a Collective Database." 4.2 doesn't 
talk about the fourth case, which is is insubstantial, where the law 
either provides no database (or similar) rights, or the ODbL waives them.