Hi Christoph, I think that there is a premise to your list that I do not quite agree with. ODbL says:
3.1 Subject to the terms and conditions of this License, the Licensor grants to You a worldwide, royalty-free, non-exclusive, terminable (but only under Section 9) license to Use the Database for the duration of any applicable copyright and Database Rights. These rights explicitly include commercial use, and do not exclude any field of endeavour. To the extent possible in the relevant jurisdiction, these rights may be exercised in all media and formats whether now known or created in the future. So the rights granted are *all* database and copyright rights, subject to certain conditions that apply to Produced Works and Derivative Databases. There are rights that are completely not covered by ODbL are trademark and patent rights, which would be #6. But that also means there is a category #7 you have not listed, where the database and/or copyright rights *are* conveyed by ODbL and no limitations on the exercise of those rights is placed on the user. So as far as usecases like Matthias's which we are discussing, my opinion is that it is #5, but if it is not, it could be #7. But it could not be #6. On Fri, Dec 13, 2019 at 11:54 AM Christoph Hormann <chris_horm...@gmx.de> wrote: > 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 >
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