I've tried to capture all the comments made with some strawman wording below.  
Please feel free to cast arrows at it.

I've also copied it to

http://wiki.openstreetmap.org/wiki/Open_Data_Licence/Use_Cases#What_constitutes_a_Substantial_extract

I am not happy that I have captured 2 properly. I am trying to build on Russ' 
comments and build a case that a systematic extraction of a single criteria is 
Substantial in a qualitative sense (even if a minute quantity of the entire 
database).

The overall rationale for the wording is 

a) it is safer to define non-Substantial than Substantial; 

b) to encourage as much as possible the worry-free use of our data for personal 
projects, local community and local educational projects, for commercial 
projects where our data is either a very small adjunct to the main thrust of 
the product/service or where the commerciality is clearly cottage-industry, for 
example village map OK, town map not OK;

c) build a case for the "qualitative" interpretation of Substantial 
(http://edina.ac.uk/projects/grade/gradeDigitalRightsIssues.pdf, p28)

Mike

"We regard the following as being not Substantial within the meaning of our 
license provided that the extraction is one-off and not repeated over time for 
the same or a similar project:

1. 100 features. In OpenStreetMap parlance, a feature can be a way, such as 
part a road with the same characteristics, or an independent node, (Point Of 
Interest), such as an eating place. 

2. You can go over the 100 feature limit, provided that the extraction is 
non-systematic and clearly based on your own qualitative criteria.  For 
example, we would regard the extraction and use of all eating places or all 
castles in an area as Substantial.  But if you extract the locations of 
restaurants you have visited for a personal map to share with friends or use 
the locations of historic buildings as an adjunct in a book you are writing, we 
would regard that as non Substantial.

3. A single systematic extraction and re-use of an entire area of up to 1,000 
inhabitants .  The area can be a small densely populated area,(for example, a 
European village but not a town), or a large sparsely-populated area, (for 
example, Australian bush).

If your extraction of data does not fall within the above guidelines, then we 
would expect it to be Substantial and therefore you should comply with the 
provisions of our license."



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