----- Original Message -----
From: "Frederik Ramm" <frede...@remote.org>
To: "Licensing and other legal discussions."
<legal-talk@openstreetmap.org>
Sent: Sunday, July 10, 2011 11:51 PM
Subject: Re: [OSM-legal-talk] Guidelines on interpretation of section 4.6
od ODbL
Hi,
David Groom wrote:
A) The term "offer" as used in the first paragraph of section 4.6 "You
must also offer to recipients ". I would have thought this means that
whenever you publicly use a Derivative Database or a Produced Work from
a Derivative Database then you must instantly comply with the remainder
of section 4.6. I may have misunderstood Frederick, but I infer from his
comment "....so in effect if someone ever asks you......" [2] that he
believes you only have to comply with the requirements of section 4.6
when asked.
Well you have to *comply* with the requirements always, not only when
asked.
OK, I must have misunderstood what you were saying in the email I referred
to earlier. Happy to have cleared that up.
But the requirement is to "offer" something, and in general legal or
commercial terms, an offer will only lead to a transaction if taken up
by someone.
For example, you can "offer free headphones with every purchase of a
music CD" but this does not mean that the headphones must be
shrink-wrapped with the CD; the "offer" might indeed be something like
"simply send us your address and a proof of purchase and we'll send you
the headphones".
See also
http://wiki.openstreetmap.org/wiki/Open_Data_License/Closed_Issues under
the first section ("What sort of access to Derivative Databases is
required?") where our lawyers say:
"This offer can point to a publicly accessible dump, diff or explicit
instructions for recreating the database, or it can be an (email)
address at which the author can be contacted. If someone takes up the
offer - makes a request for the database - you must provide it to them
within a reasonable time from receiving the request ..."
C) In section 4.6(b) what does the "OR" relate to. It could mean
(i) "A file containing all of the alterations made to the Database" OR "
the method of making the alterations to the Database (such as an
algorithm)...."; ie a file or the method
(ii) A file containing "all of the alterations made to the Database" OR
"the method of making the alterations to the Database (such as an
algorithm)..." ie a file which contains all the alterations OR a file
which contains the method.
I don't think it matters but I dont't think it makes sense to require
that the method be described "in a file".
It matters in the sense that either (i) or (ii) was implied, and we (OSM)
need to understand what is meant. I'm happy to agree with you that we go
along with interpretation (ii).
Regards
David
Bye
Frederik
--
Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33"
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