[OSM-talk] licence plan - Question about supplying own data

[David Earl]

On 04/03/2009 18:06, Gustav Foseid wrote:
> On Wed, Mar 4, 2009 at 6:38 PM, David Earl <david at frankieandshadow.com 
> <mailto:david at frankieandshadow.com>> wrote:
> 
>     They used the map to pin the locations - the points did not come from
>     some other map. Therefore it is derived (this is precisely the problem
>     with pinning pictures on a Google or OSM map). So if they put the data
>     in a database (= spreadsheet for example) before printing it, that would
>     be derived, surely.
> 
> 
> The coordinates came from a Produced Work (some map image og paper map). 
> As I read the license, works (or databases) based on a Produced Work is 
> not subject to the conditions of the ODbL.

OK, I agree.

Clause 4.7 (reverse engineering) though prevents people from recreating 
the database from a produced work. So if they're just pinning the 
locations on the paper map, that's fine. But if they are reading off the 
lat/lon from the margins (or from the pixel coordinates on screen) and 
recording that, then it would depend entirely on the interpretation of 
whether what's been done is a "Substantial part" or not. Presumably not 
in this case, but when it becomes Substantial is not well defined and 
would probably need a test case. Some guidance to people would probably 
be helpful (e.g. for the sake of argument, just quoting grid references 
with reference to a map image is not infringing, even in large 
quantities, but tracing over the map image is).

David