On Friday 13 December 2019, Frederik Ramm wrote: > > I had until now assumed that such works would definitely fall under > the ODbL but you are right, they don't really fit the "Derivative > Database" definition.
My reading of the ODbL has always been that something is either 1) the original Database (or substantial parts of it) 2) a Derivative Database 3) a Collective Database 4) a Produced Work or if something is neither of these it would be either 5) something that is not protected by law at all so free to use independent of the license terms (like insubstantial extracts of data). 6) something the ODbL does not grant any rights for and therefore cannot be legally used by the user based on the ODbL. So my question would always be if someone considers certain things not to be a Derivative Database which of the five other above cases applies instead. I would kind of assume that for case (5) there are probably already some court rulings available for to what extent EU database protection applies to set operations of different databases since this is nothing specific to spatial databases but also is relevant for many other types of data. As i already wrote in https://lists.openstreetmap.org/pipermail/talk/2019-November/083535.html existing OSMF community guidelines suggest spatial operations like ST_Difference() and ST_Intersection() yield Derivative Databases that are subject to share-alike. -- Christoph Hormann http://www.imagico.de/ _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
