Christoph Hormann wrote:
From my perspective it is as Simon put it:

In summary both guidelines in this use scenario boil down to
prohibiting de-duplication (of any kind).

Now you can of course disagree with that assessment but so far you have
not brought up any convincing argument for that.  Just because your
exact use case is not mentioned in the Horizontal Layers guideline does
not mean it does not apply in analogy.  It does not matter if you use
proprietary data to add features missing in OSM data or if you use OSM
data to add features missing in proprietary data - the license as i
read it is symmetric in that matter.

From my perspective, Simon mentioned the guidelines, argued that they refer to the case in maps.me, while they state the reverse case (with removing duplicates from OSM), and then finishing with the summary you quote. I agree that one of the examples in the Collective Database Guidelines does not specify a method of de-deduplication, though, for example, prioir text allows for databases to be considered separate when "the non-OSM and OSM datasets do not reference each other". And they don't.

As I see it, we have two independent databases. Complying with ODbL 4.6.b we provide "A file containing all of the alterations made to the Database".

Let's consider another use case. An application that shows OSM map, and on top of it shows 1 mln of user points. A users has an option to hide the OSM map underneath proprietary points, with a radius of 1 km. Does in that moment when a user clickes the options, the combined map become derivative? Because the application removes parts of OSM map based on proprietary data, which means, by your implications, that that creates an inseparable references.

Now, let's use in this example not the whole OSM dataset, but only hotels from it. And the proprietary data is also hotels. What changes?

IZ

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