[OSM-legal-talk] Licensing question

Tom Lee tlee at mapbox.com
Fri Aug 2 17:51:34 UTC 2019


> if the way you use the data is more in a database-like fashion or more in
the form of a finished product ready for human consumption

This raises more questions, doesn't it? I think everyone agrees that a map
contained by a PNG file is a produced work. But such a file is merely a
collection of pixels that may be programmatically queried or rendered for
human consumption by purpose-built software. If you replace "pixels" with
"triangles", the exact same thing can be said of the 3D objects being
rendered here for use by the Flight Gear simulator.

The official guideline on this question can be found here:
https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Produced_Work_-_Guideline
--
here is the relevant portion:

> The published result of your project is either a Produced Worked or a
Derivative Database within the meaning of the ODbL. If the published result
of your project is intended for the extraction of the original data, then
it is a database and not a Produced Work. Otherwise it is a Produced Work.
However, if you publish a produced work, the underlying database has to be
published as well (or alternations to the original database as is the case
of derived databases), according to section 4.6 of ODbL.

In this case it does not seem as though the intended use of generated files
is extraction of the original data, so I'm inclined to agree with those
arguing that this sounds like a produced work.



On Fri, Aug 2, 2019 at 1:34 PM Christoph Hormann <chris_hormann at gmx.de>
wrote:

>
> To avoid you drawing the wrong conclusions based on the (rather
> abstract) explanations made by others - based on a quick look at the
> documentation on
>
> http://wiki.flightgear.org/Osm2city.py
> https://osm2city.readthedocs.io/en/latest/
>
> that tool seems mainly a geometry data conversion program for OSM data -
> not unlike tools used routinely for cartographic applications like
> osm2pgsql etc.  The output of this tool is in most cases likely a
> derivative database or a collective database depending on how much
> intermingling of OSM data with other data is happening.  If for example
> extruded building geometries based on OSM polygons are textured with
> texture images from other sources that is quite clearly a collective
> database.  If you generate guessed building geometries based on non-OSM
> landuse data as explained on:
>
>
> https://osm2city.readthedocs.io/en/latest/how_it_works.html#chapter-howto-generate-would-be-buildings-label
>
> (which is an interesting feature by the way) and combine this with OSM
> based buildings that would be a derivative database.
>
> For distinguishing between a produced work and a derivative database a
> useful approach is to see if the way you use the data is more in a
> database-like fashion or more in the form of a finished product ready
> for human consumption.  The scene geometry for a 3d rendering is quite
> clearly more database-like in its use.
>
> --
> Christoph Hormann
> http://www.imagico.de/
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk
>
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