I'm not an attorney, but I do have an opinion.  Just because there "is no data 
from OSM in the dataset" does not mean they are (or aren't) derived.  If OSM 
data were used in conjunction with its production, I think an argument can be 
made that those work are derived.  The question would be:  "can these data be 
created exactly as they are WITHOUT any OSM data (used as an over-layer, for 
example)?"  If so, OK, then "don't do that" and create them that way and there 
isn't any question.  But if you DO use that "OSM over-layer," then please:  
agree with common sense that those work are derived from OSM, even if they do 
not contain OSM data in them.  They contain data "helped" by OSM data, so they 
are derived (I would argue).

SteveA
California

> On Nov 14, 2019, at 2:19 PM, Martin Koppenhoefer <dieterdre...@gmail.com> 
> wrote:
> 
> I would believe it isn’t a derived work, as there is no data from 
> OpenStreetMap in the dataset.
> 
> I agree with Mateusz, if they trained their ai with OpenStreetMap data, you 
> could take the position that every outcome of their blackbox is 
> OpenStreetMap-derived, but AFAIK it is a gray area.
> 
> 
> Ciao Martin


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