----- Original Message -----
From: "Frederik Ramm" <frede...@remote.org>
To: "Licensing and other legal discussions."
<legal-talk@openstreetmap.org>
Sent: Monday, July 11, 2011 11:39 PM
Subject: Re: [OSM-legal-talk] ODbl and collective databases
David,
David Groom wrote:
This seems to be quite different to my interpretation, and it would be
good to have some clarification, as the definition is quite fundamental
to a number of use cases of OSM data.
You can always make an excerpt from an ODbL licensed database, which
will then be an ODbL licensed database in its own right. That's the
classic "derived database" thing.
Well that's what I asked to this list on 17 June [1] , and you will see from
the only answer received (which incendtally was from a member of the LWG)
that an except of an ODbL database will always be a Derivative Database, and
not an ODbL licensed database in its own right.
Its why I asked the question.
Now I'm happy to believe that RW was wrong, but it would have been helpful
if someone had pointed that out before now. It actually makes a lot more
sense, its a lot easier to see how Collective Databases can come about, and
it helps with a lot of use cases of OSM, but it does rely on the fact that
an except from an ODbL database can be an ODbL database in its own right,
which three weeks ago I was told could not be the case.
Regards
David.
[1]
http://lists.openstreetmap.org/pipermail/legal-talk/2011-June/006236.html
While you have to retain attribution saying you derived this from X, in
every other aspect your new, derived database stands on its own feet,
and the ODbL applies to it in exactly the same fashion as it did to the
"original" database.
Therefore, whenever the ODbL says "this database", that could either be
the full OSM database; or you could make an excerpt from OSM, licensed
under ODbL, which would then again be "this database" in a smaller
context.
Apart from the attribution thing, the excerpted database is not
different, legally, from the "mother database"; there is nothing in ODbL
that refers to that mother database in any way.
Bye
Frederik
--
Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33"
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