Lars Francke wrote:
> At the moment I'm displaying statistical data about a snapshot of
> the OSM data. If it'd stay that way it would be very easy for me to
> switch from one license to the other as the data wouldn't depend on
> data from the CC by-SA set. But I'm currently rewriting the tool to
> account for historical statistics. One example would be a feature
> that has been requested quite often: How many users have used a tag.
> This means I have to incorporate the history of all elements into my
> numbers. I wouldn't want to lose the data if we switch but the number
> is clearly derived from both databases (the ODbL database and the CC
> by-SA dump). This is only one example. The new version uses historic
> data all over the place and I've been working very hard these last
> few weeks/months to get this far and to get the data so I wouldn't
> want to throw everything "pre ODbL" away as it would alter the
> meaning of the statistics.

Hooee, this is probably the single trickiest question I've seen.

I can't find any precedents for whether aggregate statistics such as
OSMdoc's are considered derivative works. My gut feeling, and no more than
that, is that they probably aren't. You are not really deriving any
information that's in the OSM database and offering it up for reuse.

The only meaningful content that you're reproducing is the actual text of
the tags and values - yet even then, these are divorced from the objects to
which they apply.

If your statistics aren't a derivative work, they don't inherit the
share-alike provisions of either licence, so no conflict arises.

It isn't black and white, of course. If you extract a list of "Most popular
tags in the UK, ordered by popularity", I doubt it's derivative. If you
extract a list of "Most popular values for the name= tag applied to streets
in Charlbury, ordered by popularity", it would be. There's clearly a
spectrum.

I believe OSMF has received legal advice that "community guidelines"
(informal Terms of Use) can help to influence edge cases such as this. I
would therefore suggest that, as a community supported by OSMF, we add an
explicit clarification to the relevant pages on the wiki that we do not
consider aggregate statistics of this sort to form a derivative work.

cheers
Richard
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