[OSM-legal-talk] Guidelines on interpretation of section 4.6 od ODbL
One of the main requirements of compliance with ODbL [1] is set out in Section 4.6.As yet there are no community guidelines on how OSM / OSMF interprets this section. There seem to be at least three areas where guidelines might be necessary: A) The term offer as used in the first paragraph of section 4.6 You must also offer to recipients . I would have thought this means that whenever you publicly use a Derivative Database or a Produced Work from a Derivative Database then you must instantly comply with the remainder of section 4.6. I may have misunderstood Frederick, but I infer from his comment so in effect if someone ever asks you.. [2] that he believes you only have to comply with the requirements of section 4.6 when asked. B) The first para of section 4.6 states You must also offer . in a machine readable form. What do we believe machine readable form means? For instance if I produce a printed map, is it OK to have printed instructions on how to produce the derivative database, on the basis that an OCR program can read the printed instructions, and it is thus machine readable? C) In section 4.6(b) what does the OR relate to. It could mean (i) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm); ie a file or the method (ii) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm)... ie a file which contains all the alterations OR a file which contains the method. I realise that some on this list may think I'm being picky, that I'm looking for an insignificant comma here or there, but the fact is that if we do not know how to interpret the ODbL then how will we answer when others ask us how to interpret it? Regards David [1] http://opendatacommons.org/licenses/odbl/1.0/ [2] http://lists.openstreetmap.org/pipermail/legal-talk/2011-June/006272.html ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Guidelines on interpretation of section 4.6 od ODbL
Hi, David Groom wrote: A) The term offer as used in the first paragraph of section 4.6 You must also offer to recipients . I would have thought this means that whenever you publicly use a Derivative Database or a Produced Work from a Derivative Database then you must instantly comply with the remainder of section 4.6. I may have misunderstood Frederick, but I infer from his comment so in effect if someone ever asks you.. [2] that he believes you only have to comply with the requirements of section 4.6 when asked. Well you have to *comply* with the requirements always, not only when asked. But the requirement is to offer something, and in general legal or commercial terms, an offer will only lead to a transaction if taken up by someone. For example, you can offer free headphones with every purchase of a music CD but this does not mean that the headphones must be shrink-wrapped with the CD; the offer might indeed be something like simply send us your address and a proof of purchase and we'll send you the headphones. See also http://wiki.openstreetmap.org/wiki/Open_Data_License/Closed_Issues under the first section (What sort of access to Derivative Databases is required?) where our lawyers say: This offer can point to a publicly accessible dump, diff or explicit instructions for recreating the database, or it can be an (email) address at which the author can be contacted. If someone takes up the offer - makes a request for the database - you must provide it to them within a reasonable time from receiving the request ... C) In section 4.6(b) what does the OR relate to. It could mean (i) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm); ie a file or the method (ii) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm)... ie a file which contains all the alterations OR a file which contains the method. I don't think it matters but I dont't think it makes sense to require that the method be described in a file. Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09 E008°23'33 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Guidelines on interpretation of section 4.6 od ODbL
- Original Message - From: Frederik Ramm frede...@remote.org To: Licensing and other legal discussions. legal-talk@openstreetmap.org Sent: Sunday, July 10, 2011 11:51 PM Subject: Re: [OSM-legal-talk] Guidelines on interpretation of section 4.6 od ODbL Hi, David Groom wrote: A) The term offer as used in the first paragraph of section 4.6 You must also offer to recipients . I would have thought this means that whenever you publicly use a Derivative Database or a Produced Work from a Derivative Database then you must instantly comply with the remainder of section 4.6. I may have misunderstood Frederick, but I infer from his comment so in effect if someone ever asks you.. [2] that he believes you only have to comply with the requirements of section 4.6 when asked. Well you have to *comply* with the requirements always, not only when asked. OK, I must have misunderstood what you were saying in the email I referred to earlier. Happy to have cleared that up. But the requirement is to offer something, and in general legal or commercial terms, an offer will only lead to a transaction if taken up by someone. For example, you can offer free headphones with every purchase of a music CD but this does not mean that the headphones must be shrink-wrapped with the CD; the offer might indeed be something like simply send us your address and a proof of purchase and we'll send you the headphones. See also http://wiki.openstreetmap.org/wiki/Open_Data_License/Closed_Issues under the first section (What sort of access to Derivative Databases is required?) where our lawyers say: This offer can point to a publicly accessible dump, diff or explicit instructions for recreating the database, or it can be an (email) address at which the author can be contacted. If someone takes up the offer - makes a request for the database - you must provide it to them within a reasonable time from receiving the request ... C) In section 4.6(b) what does the OR relate to. It could mean (i) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm); ie a file or the method (ii) A file containing all of the alterations made to the Database OR the method of making the alterations to the Database (such as an algorithm)... ie a file which contains all the alterations OR a file which contains the method. I don't think it matters but I dont't think it makes sense to require that the method be described in a file. It matters in the sense that either (i) or (ii) was implied, and we (OSM) need to understand what is meant. I'm happy to agree with you that we go along with interpretation (ii). Regards David Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09 E008°23'33 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
