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

Fri Dec 13 19:45:13 UTC 2019

well 
https://wiki.osmfoundation.org/wiki/Licence/Licence_and_Legal_FAQ#The_OpenStreetMap_Geodata_Licence

> Secondly, you *"Share Alike"*. If you do not make any changes to 
> OpenStreetMap data, then you are unlikely to have a "Share Alike" 
> obligation. But, if you _publicly distribute something that you have 
> made_ from our data, such as a _map or another database_, AND you have 
> _added to or enhanced our data_, then we want you to make those 
> additions publicly available. We obviously prefer it if you added the 
> data straight back to our database, but you do not have to, _as long 
> as the public can easily get a copy of what you have done._ If you do 
> not publicly distribute anything, then you do not have to share anything. 

Às 19:34 de 13/12/2019, Kathleen Lu via legal-talk escreveu:
> Nuno - I think you are operating under the mistaken assumption that a 
> CC-BY-SA license would mean that uses such as Mattias's would require 
> sharealike.
>
> Here's CC-BY-SA's definition of a Derivative Work:
> *"Derivative Work"*means a work based upon the Work or upon the Work 
> and other pre-existing works, such as a translation, musical 
> arrangement, dramatization, fictionalization, motion picture version, 
> sound recording, art reproduction, abridgment, condensation, or any 
> other form in which the Work may be recast, transformed, or adapted, 
> except that a work that constitutes a Collective Work will not be 
> considered a Derivative Work for the purpose of this License. For the 
> avoidance of doubt, where the Work is a musical composition or sound 
> recording, the synchronization of the Work in timed-relation with a 
> moving image ("synching") will be considered a Derivative Work for the 
> purpose of this License.
>
> Here's CC-BY-SA's definition of a Collective Work:
> *"Collective Work"*means a work, such as a periodical issue, anthology 
> or encyclopedia, in which the Work in its entirety in unmodified form, 
> along with a number of other contributions, constituting separate and 
> independent works in themselves, are assembled into a collective 
> whole. A work that constitutes a Collective Work will not be 
> considered a Derivative Work (as defined below) for the purposes of 
> this License.
>
> As you can see from these examples (which focus on creative 
> derivatives, since facts are not even copyrightable in the US and 
> there is no US database protection law), a "derivative work" needs 
> quite a bit of the original to qualify. The meaning of a "derivative 
> work" was always much narrower than what a colloquial understanding of 
> what "derived" might be, and the change in license did not change that.
>
> -Kathleen
>
>
>
> On Fri, Dec 13, 2019 at 11:11 AM Nuno Caldeira 
> <nunocapelocaldeira at gmail.com <mailto:nunocapelocaldeira at gmail.com>> 
> wrote:
>
>     these new Liberal interpretation of ODbL are funny. to bad it's
>     not documented what we wanted when we changed license. seems to be
>     full of lies
>
>     https://wiki.osmfoundation.org/wiki/Licence/Historic/We_Are_Changing_The_License
>
>     /
>     /
>     /"This means that “good guys” are stopped from using our data but
>     the “bad guys” may be able to use it anyway." /
>     /
>     /
>     /" We believe that a reasonable consensus has been built that our
>     current progress should be to maintain a Share-Alike license (see
>     more below) but have it written explicitly for data."/
>     /
>     /
>     /"Both licenses are “By Attribution” and “Share Alike”." /
>     /
>     /
>     /"But what happens if the Foundation is taken over by people with
>     commercial interests?/
>
>       * /You still own the rights to any data you contribute, not the
>         Foundation. In the new Contributor Terms, you license the
>         Foundation to publish the data for others to use and ONLY
>         under a free and open license./
>
>       * /The Foundation is not allowed to take your contribution and
>         release it under a commercial license./
>
>       * /If the Foundation fails to publish under only a free and open
>         license, it has broken its contract with you. A copy of the
>         existing data can be made and released by a different body./
>
>       * /If a change is made to another free and open license, it is
>         active contributors who decide yes or no, not the Foundation."/
>
>
>
>     On Fri, 13 Dec 2019, 18:56 Frederik Ramm, <frederik at remote.org
>     <mailto:frederik at remote.org>> wrote:
>
>         Hi,
>
>         On 13.12.19 19:28, Kathleen Lu via legal-talk wrote:
>         > “Derivative Database” – Means a database based upon the
>         Database, and
>         > includes any translation, adaptation, arrangement,
>         modification, or any
>         > other alteration of the Database or of a Substantial part of the
>         > Contents.
>
>         Interesting. I knew the ODbL text but I have always glossed
>         over this
>         definition, assuming that "well you know what derived means".
>
>         I'll have to ponder this for a while, it changes some
>         assumptions I had
>         made. It would mean that, for example, a database that
>         contains a count
>         of all pubs in each municipality, or a database that contains the
>         average travel time from a building in a city to the nearest
>         hospital,
>         or a heatmap of ice cream parlours, would not fall under the ODbL
>         because these, while derived from OSM, do not actually contain
>         a copy of
>         anything in OSM (and neither could they possibly be used to
>         reassemble
>         OSM).
>
>         I had until now assumed that such works would definitely fall
>         under the
>         ODbL but you are right, they don't really fit the "Derivative
>         Database"
>         definition.
>
>         Bye
>         Frederik
>
>         -- 
>         Frederik Ramm  ##  eMail frederik at remote.org
>         <mailto:frederik at remote.org> ##  N49°00'09" E008°23'33"
>
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