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

[SteveC]

On 4 Mar 2009, at 10:29, David Earl wrote:

> 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.

That was something by the way OSMF asked for. I can't remember if it  
was Richard 'fake stevec' F, andy or me. But I remember the discussion  
vividly when we met Jordan I think the first time.

> 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.

David this is where you need to ask a lawyer. :-) Happily I have -  
substantive follows the language of the EUDD... which is totally open  
to interpretation as I understand it.

I'll repeat... lets queue up all these questions and get them answered.

I think it would be a beautiful day if it was seen as bad form to use  
'IANAL' and everything like that was instead rephrased as 'lets ask a  
lawyer and I wont give you my opinion'


> 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
>
>
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Best

Steve