Yuri, I appreciate your analogies and making the point about "derived." Yes, we are inspired by architecture we see, if we incorporate a little finial from a public building in our new roof project, do we owe the architecture money, or a nod?
There are plenty of examples like this in real life, we all "stand on each other's shoulders" to some extent in everything we do, whether it is a language / culture we share, or identifiable elements that somebody might point to and say "well, clearly, here is a case of 'imitation is the sincerest form of flattery,' as clearly you were inspired by another work." That happens, I realize, it is part of the human endeavor. I'm making the point (especially as I say "inspiration") that if OSM data "inspire" the new work, it might be derived. It is certainly "inspired," but it might not legally be derived. Once again, I don't know where to draw the legal line, but I do have an opinion that if new works cannot be made without OSM, some attribution should be made to OSM. Maybe legally yes, attribution is required, maybe legally, no, it isn't. But the "ultimate test" of "can the new work be made without OSM data?" remains a good one, in my opinion, because then, the author can be told, "well, then, go do so, please, otherwise offer us attribution of some sort" (whether legally required, or not). These are ultimately questions for the Legal Working Group, however, I do hope they are inspired by the strong feelings and opinions of OSM volunteers about our data / works. SteveA California > On Nov 14, 2019, at 3:09 PM, Yuri Astrakhan <yuriastrak...@gmail.com> wrote: > > stevea, I would not be exactly the same person without OSM. Does it mean ODbL > applies to me? A hammer was used to build a house, but the house does not > have hammer's copyright. Just because some data was used in the process does > not necessarily mean that whoever saw that data taints everything they touch > from thereon with ODbL license. In some cases it does, like when portions of > OSM data make it into the final product, but I seriously doubt that if > someone computes average time OSM editors contribute to the OSM project, and > publishes that average, and afterwards someone else publishes how often > someone publishes papers about OSM community, they must use ODbL license... > Even though that last research paper would not be possible without the first > research paper, which would not be possible without OSM data. <remainder redacted for brevity> _______________________________________________ talk mailing list talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/talk
