All, Although I have not read up on any database legal cases (and do not have the time to), I do have some concerns as to the definition of "substantial".
My assumption is that insubstantial use means that the ODBL does not apply (and therefore attribution and share-alike does not apply). If this is not the case then additional information may help. As for the term "substantial", the comparison I have always drawn is with copyright of text: >"In the Infopaq case, the European Court of Justice reviewed the Information Society Directive (2001/29) and determined that the reproduction of 11 consecutive words from a newspaper article may constitute an infringement of copyright in the article, provided that the extract contains elements which are the expression of the intellectual creation of the author." > http://www.lexology.com/library/detail.aspx?g=464fb6fb-335b-4286-bb67-f84c4be0747a As such I've always treated the word "substantial" to basically mean anything useful. So for example, if you are using OSM data with the aim of producing a village map, then extracting OSM data for that village would, in my opinion, constitute a substantial use. To me an insubstantial use would be a partial extract for the purpose of demonstrating a proof of concept (e.g. a few features from the village to demonstrate the potential of using OSM data), or for the purpose of critiquing something in OSM. An OSM contributor may have spent a significant amount of time micro mapping a village. By attempting to define "substantial" we are setting a level that basically says, if you don't contribute more than this level, your work in insubstantial. :-( Worse still we are weakening our case if this ever gets challenged in court. If someone wants to use OSM data and believes their case is insubstantial then they should be willing to follow it through the legal system. If they're not willing to do this, then use our data as per the ODBL instructs. So to conclude, in my view we should concentrate our efforts on the other areas. Supporting those who want to create a village map by clearly explaining how to attribute OSM and when share alike kicks in would go a long way to helping out. Simon's diary entry helped me to understand this a lot better: http://www.openstreetmap.org/user/SimonPoole/diary/21225 Regards, Rob
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