Re: [OSM-legal-talk] ODbL: Who is the licensor / whose "database" is it?

2008-12-11 Thread Frederik Ramm
Hi,

Iván Sánchez Ortega wrote:
> A *database* is a bunch of stuff in my computer's RAM. *Any* stuff at all.

It need not even be in your computer's RAM. And not everything in your 
computer's RAM is a database (it needs to have been arranged 
systematically or methodically).

> Database *protection* is granted only to DBs that have had a subtantial 
> investment on them.

That's how I read it too.

> - I did not invest much time while drawing these two pub nodes in $EDITOR, 
> but 
> I'll only upload them if you slap a ODbL to them the moment they are  
> integrated in the main DB.

That was what I meant with the number 3 in my original post, yes ;-)

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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Re: [OSM-legal-talk] ODbL: Who is the licensor / whose "database" is it?

2008-12-11 Thread Iván Sánchez Ortega
El Jueves, 11 de Diciembre de 2008, Frederik Ramm escribió:
> > Heck, I'd even hold that a data array of any kind held in RAM qualifies
> > as a database. Not just because it's an array, but because somebody
> > decided what goes into that array and in which way.
>
> But the database directive does not extend protection to each and every
> database; there has to be "substantial investment" in obtaining,
> verifying or presenting the contents.

OK, while I have to agree with you on this one, I'd like to make a couple of 
things clear here.

A *database* is a bunch of stuff in my computer's RAM. *Any* stuff at all.

Database *protection* is granted only to DBs that have had a subtantial 
investment on them.

> Now while I can just about see the substantial investment in getting out
> on a rainy day and collecting 50 road geometries with your GPS, there
> can be absolutely no doubt that entering the name of the pub around the
> corner will never come under "substantial investment"...

Now, I can have two points of view here (let's say, 1a and 1b):

- I did invest a substantial amount of effort and time getting this data into 
$EDITOR. It is already a DB, and I'll slap a ODbL on it before it goes off my 
computer.

- I did not invest much time while drawing these two pub nodes in $EDITOR, but 
I'll only upload them if you slap a ODbL to them the moment they are  
integrated in the main DB. (Read that last line as "the moment my 
unprotectable DB gets merged with the protectable DB" and/or "the main 
protectable DB is derived thanks to my unprotectable DB")


And then comes 1c, AKA "I don't care about f***ing licenses":
- I have this data (DB) in $EDITOR, and I don't really care if I did a 
substantial investment on it or not. All I know is that the main 
(protectable) DB will get modified (derived) with my DB (either protectable 
or unprotectable, it doesn't matter).



Anyway, learning Potlach should be considered a "substantial investment"




Cheers,
-- 
--
Iván Sánchez Ortega 

La vida es una enfermedad mortal de transmisión sexual.


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Re: [OSM-legal-talk] ODbL: Who is the licensor / whose "database" is it?

2008-12-11 Thread Gustav Foseid
On Thu, Dec 11, 2008 at 4:01 PM, Iván Sánchez Ortega
<[EMAIL PROTECTED]>wrote:

> Temporary files (or information arranged in memory) in your computer are
> considered databases, so I'd go with option 1.


To be protectec under the database directive, you need to make a
"significant investment" for the database to be protected. You also need to
be a citizen of a EU or EEA country.

IANAL (could a lawyer please explain whu we keep saying this?)

 - Gustav
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Re: [OSM-legal-talk] ODbL: Who is the licensor / whose "database" is it?

2008-12-11 Thread Iván Sánchez Ortega
El Miércoles, 10 de Diciembre de 2008, Frederik Ramm escribió:
> 1. Each mapper has his own database, of which he makes a copy available
> to OSM under ODbL which then creates a derived database. In that case,
> of course, each mapper is a licensor, and OSM is a giant work derived
> from many individual databases.

Yep.

Temporary files (or information arranged in memory) in your computer are 
considered databases, so I'd go with option 1.

-- 
--
Iván Sánchez Ortega <[EMAIL PROTECTED]>

Si funciona, no lo arregles.


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