While I think the case of the traffic data is interesting, it really very much depends on implementation details if and when a derivative DB might be created.
For example if weights were calculated from the data and associated directly with OSM ways then likely you would have a derivative DB, but the question would still remain if the weights are actually useful information. But if you used the coordinates of the OSM way to do a search in the traffic database and use that on the fly, you likely would not have an issue. Definitely there are dozens of ways to skin this particular cat. And I would note again as I've pointed out before, my interpretation of the ODbL is that only the data in derivative database is what is subject to the ODbL not the original data source. We have raised the question of Dynamic Data in a dedicated guideline given that a number of things are not so clear and even while, using the example from the guideline, the occupancy of a parking lot is an observable fact it is questionable if we would want to require that anybody that creates such or similar application has to provide a real time feed of the data on ODbL terms. Simon
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