Re: [OSM-legal-talk] Storing OSM Data in a proprietary format

[Simon Poole]

Hi Matthias

I believe your use case is covered by ODbL 4.7, given that distributing
the data in a format that would have to be at least reverse-engineered
for extraction is clearly a technological measure. 4.7 simply requires
you, in your use case, to make the data available parallel in an open
format.

Further if you are simply transforming OSM data without any interesting
changes
http://wiki.osmfoundation.org/wiki/License/Community_Guidelines/Trivial_Transformations_-_Guideline
will apply which allows you to point back at the OSMF for anybody who
wants to have access to the original data.

Simon

Am 21.07.2014 19:02, schrieb Matthias Schmid:
 Hi, 
 I have a question regarding the application of the ODbL. Currently, I am
 evaluating the obligations using the OSM Data for a client application. 
 My question regards the storage of OSM Data (data under the ODbL) in a
 proprietary format (the format is copyrighted and not available under an
 open and/or free license). 
 My understanding is that using substantial parts of the database and
 re-arrangement of the OSM data creates a Derivative Database, which requires
 to be provided under the terms of ODbL (Section 4.4 ODbL).  My understanding
 so far is further, that this applies, even if the Contents are not changed
 and only the structure of the database is changed. What I am struggling to
 understand is how this works in case of a proprietary format (format of the
 database), see Section 2.2.a ODbL? 
 Likely this question was raised before. Unfortunately, I was not able to
 find anything specific so far.  I found this “Use-Case”
 (http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Using_OSM_data_in_a_computer_game_together_with_other_data_sources),
 but the answer does not seem to really help say how the “open derivative
 database” works with the proprietary format.
 If anybody can help me with understanding this more clearly or point me to a
 previous discussion of this topic, that would be great. Thank you in
 advance.
 Matthias Schmid
 
 
 
 
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Re: [OSM-legal-talk] Storing OSM Data in a proprietary format

[Matthias Schmid]

Hi Simon, 

Thank you for your reply. The link in deed was very helpful. 

Also I was thinking about Section 4.7 ODbL. Clearly Section 4.7 a) ODbL
applies in case the database is kind of protected by technological measure,
such as a encryption. I am not sure if a database is considered a Restricted
Database, if the format is just copyrighted, so that anyone who wishes to
use or distribute the database requires a license for the proprietary
format. Then again, section 4.7 b ODbL mentions terms: You may impose
terms or technological measures [...].

If this is the case and such a Database is considered a Restricted Database
within the meaning of Section 4.7 ODbL, I am not sure how to understand the
requirements of Section 4.7 b) ODbL: You may impose terms [...] on the
Database [...] (a “Restricted Database”) in contravention of Section 4.74 a.
only if You also make a copy of the Database or a Derivative Database
available to the recipient of the Restricted Database: [...] That is
available in a *medium* that does not alter or restrict the terms of this
License , or any rights granted under it, or have the effect or intent of
restricting the ability of any person to exercise those rights (an
“Unrestricted Database”);. 

Does this mean that it is sufficient, if I provide the Database (the
identical data) in a different format (which is not proprietary), e.g. under
the ODbL? Your answer seems to suggest that this true. However, I think what
confuses me is the term *medium*, which seems to refer to a the type of
storage rather than to the format of the database.

BR, Matthias 



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