On Friday 12 January 2018, Rory McCann wrote: > As near as I can see, the only data they are distributing (publicly) > is the 2 GeoTIFF files in the "map.ox.ac.uk" page. The question is: > Is a GeoTIFF file created like this from OSM data which has been > mixed with other data, a Produced Work, or a Derived Database?
No, that is not significant - see 4.4c of the ODbL: Derivative Databases and Produced Works. A Derivative Database is Publicly Used and so must comply with Section 4.4. if a Produced Work created from the Derivative Database is Publicly Used. So the question is only if there is a derivative database involved in the production of the GeoTIFF, not if the GeoTIFF itself is a derivative database. My view would be that the aggregation of data from the OSM database and the Google roads data when creating the raster map constitutes a derivative database even if the two data sets are not physically merged into a common table because this happens on the fly. See: https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Collective_Database_Guideline_Guideline "Technically a reference between non-OSM and OSM data can be by a database key or any other method of identifying a specific OSM or non-OSM element that may be used with a database join." So if for the purpose of creating the raster map you query all OSM roads within each pixel, determine which Google roads are within a pixel size distance of the pixel center (or something like that) and calculate the minimum friction value of those this is technically "a reference between non-OSM and OSM data" IMO. > *But* (possibly stupid question time) I'm reading the ODbL and it > (Sec 4.6) only requires that you make the derived database available > *or* the original scripts, and original contents. By releasing the > GeoTiff file(s) they've fulfilled Sec 4.6(a), no? No, the GeoTIFF is quite clearly a produced work as per the ODbL: "a work (such as an image, audiovisual material, text, or sounds) resulting from using the whole or a Substantial part of the Contents (via a search or other query) from this Database, a Derivative Database, or this Database as part of a Collective Database." And the produced work guideline: https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Produced_Work_-_Guideline "The published result of your project is either a Produced Worked or a Derivative Database within the meaning of the ODbL. If the published result of your project is intended for the extraction of the original data, then it is a database and not a Produced Work." One point you could argue is that you could produce the friction map by separately rasterizing the OSM and Google roads data and then merge what is already a produced work with a minimum operator on the two raster files. Since the raster is already a produced work you could argue that the ODbL does not apply then. But on the other hand you could argue (as you already did in your mail) that once you use a produced work in a database-like fashion it becomes a derivative database again - the same way as if you trace features from a rendered OSM map. -- Christoph Hormann http://www.imagico.de/ _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk