re-routing from talk@ On Tue, Jun 21, 2011 at 4:13 PM, ThomasB <toba0...@yahoo.de> wrote: > Hi, > > i have a practical questions. If I want to generate a Garmin map for a > larger country and want to add contour lines, it is impossible to merge the > data only in the RAM. Hence a local temporary file is needed which would > contain both, OSM and SRTM data. This temporary file would be deleted after > the map creation process. Is this temporary file a "Derivative Database" > with all legal requirements?
Dear Thomas, Just my perspective on this. I haven't made garmin maps with contours, so you'll have to forgive me if I get some of the steps or terms incorrect. I can see good points for arguing that a contour map is any one of a Collective Database, a Derivative Database or a Produced Work, depending on the details of how the contour map is implemented. I think that a strict reading of ODbL suggests that your temporary file is a Derivative Database. Under §3.1d this is permitted, "Creation of temporary or permanent reproductions by any means and in any form, in whole or in part, including of any Derivative Databases or as a part of Collective Databases;" I think that your temporary file is also exempt from further conditions if you do not Publicly Convey it. §4.2 "Notices. If You Publicly Convey this Database, any Derivative Database, or the Database as part of a Collective Database, then You must:" If you do not Publicly Convey the temporary file you would have no further obligations due to it. I presume that the final file(s) will be created from the temporary file. Those final file(s) would also be, in my opinion, a Derivative Database. Again, if you do not Publicly Convey it, and only use it yourself, you would have no further obligations. Otherwise, if you plan to share, sell, etc. the file(s) you would do so under the terms of §4 and the rest of ODbL. In addition to reading the ODbL, the OSM community has the opportunity to set community norms and guidelines[2]. I would suggest that creating maps for mobile devices is an ideal topic for such a community norm. These norms allow us to agree on practices that are sensible to our community. There has been little discussion of these norms to date. The Trivial Transformation guideline might well include such a mobile map conversion. [3] Best regards, Richard [1] http://www.opendatacommons.org/licenses/odbl/1.0/ [2] http://wiki.openstreetmap.org/wiki/Open_Data_License/Community_Guidelines [3] http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline _______________________________________________ legal-talk mailing list legal-t...@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
