On Friday 02 August 2019, Tom Lee via legal-talk wrote: > [...] If you > replace "pixels" with "triangles", the exact same thing can be said > of the 3D objects being rendered here for use by the Flight Gear > simulator.
And if you replace 'pixel' with node the exact same thing can be said about an OSM file. The idea to bind the legal concept of produced works and derivative databases to certain file formats is - though popular - not a very reasonable approach. There is no problem encoding any geometry from the OSM database in a raster image file. > The official guideline on this question can be found here: > https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Prod >uced_Work_-_Guideline -- > > [...] 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. [...] The ODbL is very interesting in so far that although the distinction between produced works and derivative databases is central to it, it does not actually explicitly define what a produced work is. It essentially just says that anything derived from ODbL data that is not a derivative/collective database is a produced work. The produced work guideline goes down the slippery slope of trying to define a produced work though the intention of the creator. This was always a highly questionable approach. Not only because intention in general is hard to determine objectively but also because the ODbL does not require the creator of a produced work to put any contraints on how the produced work is used so the intention of the creator does not have any bearing on how users actually use this work. The ODbL defines 'Database' (and thereby derivative/collective database) in the following form: "A collection of material (the Contents) arranged in a systematic or methodical way and individually accessible by electronic or other means offered under the terms of this License" which is clearly based on the nature of the work and its suitability for access "by electronic or other means". Inversely the same applies to the nature of a produced work. -- Christoph Hormann http://www.imagico.de/ _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
