On Wednesday 10 April 2019, althio wrote:
>
> A typical "learned" model, based on a ML algorithm and a substantial
> extract of OSM data:
> That seems like a Produced Work to me.
>
> Hence...
> [...]

Maybe i have not been clear enough with my comment - approaching this
matter based on gut feeling and wishful thinking (seems like...)
without considering the practical effects is a very bad idea.

You can design 'learning' algorithms to essentially replicate the
training data so to just sweepingly declare any output of algorithms as
having no copyright connection to training data is a recipe for
desaster (if you subscribe to the spirit of the OdbL) or a recipe for
success (if your goal is to abolish share-alike and attribution through
the back door - which of course many corporate OSM data users would
find highly desirable).

And as also said concentrating exclusively on the produced work vs.
derivative database is not really helpful, in particular since we have
established a long time ago that using a produced work to reconstruct
semantic information of substantial volume will not set you free of the
requirements of the ODbL regarding derivative databases.  So even if
you have a basis for considering the algorithm trained with OSM data a
produced work, that does not mean that the output of this algorithm,
which might be data of exactly the same type as in the OSM database, is
not a derivative database.

If you need an example:  Take a translator for geographic names trained
using OSM data.  This translator in practical use will spit out names
or name components identical to those from the OSM database (if it does
not it'd be pretty useless).  These names - in sufficient volume -
evidently form a derivative database IMO - even if they are not the
result of a literal copy but result from 'knowledge' encoded in a
neural network.

When considering this subject, maybe think of it less as a question of
copying data, think of it more as a process of mimicry.

--
Christoph Hormann
http://www.imagico.de/

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