On Thu, 12 Dec 2019 22:41 Kathleen Lu via legal-talk, < legal-talk@openstreetmap.org> wrote:
> No, ODbL does not apply to any database that does not include OSM data. > There are two reasons. > I would argue that the dataset here does include some OSM data, as it includes (albeit limited) information about the regions enclosed by certain features in OSM. Regardless of that though, I would use the following reasoning, involving a chain of derivative databases, to argue that final databases could be subject to ODbL even if they don't directly contain any OSM data, if OSM data has been used in their creation. At some point in the process of deriving the new dataset here, an OSM extract and some proprietary data were combined into a database. To start with, these would be independent parts, and so the combined database would be a Collective Database, and so not subject to ODbL. However, I would argue that the moment you run a query that combines both parts of the database in a non-trivial way, those parts can no longer be said to be "independent", and hence they cannot be part of a Collective Database. The combined OSM extract, proprietary data, and the output from the query are now a derivative database, and hence subject to ODbL, thanks to the presence of the OSM data. The data published is then a substantial extract from this derivative database, and is thus is a derivative of the derivative. This makes it also subject to ODbL. Robert. >
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