[OSM-legal-talk] use OSM data to select proprietary data

[Frederik Ramm]

Kathleen,

On 12.12.19 23:40, Kathleen Lu via legal-talk wrote:
> No, ODbL does not apply to any database that does not include OSM data.

Are you sure about this? Let me give an example:

> If I understand your usecase correctly, Matthais, you are essentially
> checking your list against OSM boundaries. If something is both on your
> list and within the OSM boundary, then you say 'yes, this goes on the
> secondary list.' Then you want to publish your secondary list. There is
> no OSM data in the secondary list so it is not a Derivative Database.

Let us assume I have a list of all streets in Germany with their
geometry, from a non-OSM source.

I want to divide these into two groups: streets that have at least one
pub, and streets that have no pub.

Using OSM information about the location of pubs, I count the number of
pubs along each street, allowing me to make the desired separation.

I end up with a database of "streets that have at least one pub". This
database does not include OSM data.

In my eyes, though, it is still *derived* from OSM data. It is the
result of an algorithmic process that has made use of OSM data; if you
will, the OSM data residue is in the name/description of my new
database: "roads with pubs". It is derived from OSM; it could not have
been made without OSM.

Do you disagree?

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"