On Tuesday 09 April 2019, Frederik Ramm wrote:
>
> is it a community consensus that, when someone uses OSM to train
> their machine learning "black box", the internal data structures
> built during learning constitute a derivative database? Or are there
> people who argue that somehow the "black box" can ingest OSM data at
> will and still remain 100% intellectual property of its operator?
>
> Further, assuming that we have a system that has ingested OSM by deep
> learning and we say that this means its internal database is ODbL,
> what would this mean for the output later produced by the same
> machine?
I see two underlying questions in this that are both not really specific
to OSM and the ODbL:
* does training a neural network or some other kind of self
learning/self adjusting algorithm create a derivative work of the
training data.
* under what circumstances does running/applying an algorithm (which is
not commonly understood to produce a derivative work of the algorithm
itself) disseminate so much of itself in its output (the extreme case
of this being a self replicating program) that its output needs to be
considered a derivative work of the algorithm itself.
I find both of these to be fascinating and significant questions but as
said before i suppose there is already significant literature on this
so it might not make that much sense to contemplate how the OSM
community would like the anwsers to these questions to be in isolation
without looking how this is seen elsewhere.
What makes things more complicated in the OSM case is the distinction
between produced work and derivative database. That is indeed a
question we need to discuss in the OSM community specifically. But it
does not really make sense to start this discussion before having some
kind of consensus on the more fundamental questions mentioned before.
And i'd like to in that context quote myself with something i said here
last June:
> And yes, we probably need a broader discussion on the topic of
> analytic use of OSM data, in particular in the context of 'big data',
> and how this relates to the ODbL. It seems to me opinions on this
> are too much based on wishful thinking and too little aim to form a
> consistent framework that supports desirable and harmless use cases
> but does not create loopholes against the spirit of the license.
--
Christoph Hormann
http://www.imagico.de/
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