Re: [OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-19 Thread Lars-Daniel Weber via legal-talk
Dear Kathleen,

thanks for your response.

> Even assuming the polygons are from a Derivative Database, I don't see a 
> reason for the data to be released under
> https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Trivial_Transformations_-_Guideline

The process doesn't seem to be trivial, since the edges of many polygons go 
across areas, where no OSM elements could have been used as a reference. So OSM 
dataset has either been changed or augmented using 3rd party reference 
(knowledge, imagery, data etc.) to create the product. Those changes are 
share-alike by ODbL.

The Derivative Database cleary has to be under OdbL. While the creation method 
might be trivial, the amount of data used for the creation is neither trivial 
in terms of investment or nor quantity: They've used millions of OSM nodes 
(ways, areas etc.) in Germany to create it.

> Why would the polygons, which appear to be simply algorithmically combined 
> OSM data, be of interest?

I don't think the ODbL cares what's in interest of OSM (the "O" in ODbL is not 
"OSM"). This is just an additional "wish" by the OSM community. Also, the 
addition polgons, which I have mentioned, might be in interesting of OSM, since 
they might show a change in landuse, which isn't part of OSM now.

Sincerely,
Lars-Daniel


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Re: [OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-19 Thread Kathleen Lu via legal-talk
Hi Lars-Daniel,
Even assuming the polygons are from a Derivative Database, I don't see a
reason for the data to be released under
https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Trivial_Transformations_-_Guideline
Why would the polygons, which appear to be simply algorithmically combined
OSM data, be of interest?
Best,
Kathleen

On Fri, Oct 16, 2020 at 8:34 AM Lars-Daniel Weber via legal-talk <
legal-talk@openstreetmap.org> wrote:

> Hi there,
>
> https://www.wohnlagenkarte.de/ displays location quality of residential
> areas. Those residential areas haven been produced using OSM data; the
> polygon area results from at least three surrounding paths and streets.
>
> Since the polygons are derived from OSM data and released in public, I've
> asked the owner to release the database OR the method to create the
> database according to ODbL v1.0, section 4.6 - of course without the values
> of location quality. He denied. He doesn't see a reason to release the
> data, which the Produced Work is based on.
>
> In my opinion, they've created a Derivative Database using their polygons
> and they're publishing a Produced Work (the tiles) in public. So section
> 4.6 applies here - doesn't it?
>
> Sincerely,
> Lars-Daniel
>
>
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