----- Original Message ----- From: "Richard Weait" <rich...@weait.com> To: "Licensing and other legal discussions." <legal-t...@openstreetmap.org>
Sent: Friday, June 17, 2011 9:34 PM
Subject: Re: [OSM-legal-talk] application of ODBL to an extarct of OSM
obtained via jxapi



On Fri, Jun 17, 2011 at 4:09 PM, David Groom <revi...@pacific-rim.net>
wrote:
Word in quotes below relate to the meanings given them by ODbL

Assume I use jxapi to download an extract of the main OSM database . Is
the
downloaded extract a "Derivative Database", or since the download was
provided by OSM does the downloaded data qualify as simply a "Database"?

Does not ยง4.4b answer this[1]?

Without wishing to state the obvious, if I thought 4.4b answered my question, then I wouldn't have asked the question on this list.

I understood that if I was the one who carried out the extraction then the database created would be a derivative database, but it wasn't clear to me whether if the "Extraction or Re-utilisation of the whole or a Substantial part" was carried out by the licence holder (ie OSMF) whether this simply created a new database, rather than a derivative.

David


"      b. For the avoidance of doubt, Extraction or Re-utilisation of
the whole or a Substantial part of the Contents into a new database is
a Derivative Database and must comply with Section 4.4."

As a practical matter, we almost always deal with the OSM db in terms
of a smaller extraction.  We create tiles for a few blocks with many
object types, or tiles with only country boundaries and oceans
covering the whole planet.  "Planet" files and planet history files
are probably the most frequent use that considers the complete db at
one time.  So it might be a derivative database of OSM, but it seems
indistinguishable from "the OSM database broken into a manageable
chunk"  ;-)

Why?  Do you have a specific use in mind?

I'm just trying to become familiar with the new terminology we are likely soon to be dealing with.

David


Best regards,
Richard

[1] http://www.opendatacommons.org/licenses/odbl/1.0/

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