Hi,

in a recent discussion on the German OSM Intertubes, we discussed whether ODbL would give a map producer the freedom to license his work under a noncommercial license.

My take was "yes of course", because I always thought of "a map" as a produced work.

(The background was that we have some staunch anti-commerce people who see ODbL as the devil's work because it will allow commercially licensed produced works, to which I usually reply "yes but currently you have no way to prohibit commerical use of things you make from OSM, whereas in the ODbL future you will have that option.)

However, some of these people create *Garmin Maps*, which are essentially a vector database and thus it seems that they would be a derived database rather than a produced work.

This, however, would reduce their options (and of course at the same times those of the evil commercial users) - as a derived database, the Garmin map would have to be published under ODbL.

Now given the recently quoted definition from the Wiki:

"If it was intended for the extraction of the original data, then it is a database and not a Produced Work. Otherwise it is a Produced Work."

I wonder if a Garmin map would really count as a database. The purpose of the GMAPSUPP.IMG file is to display the map on the Garmin device. In doing so, the device does extract data from the file (but so does a PNG viewer). The GMAPSUPP.IMG file is not a container for transporting OSM data, but it is possible to use third-party software to extract the data from it.

Three(ish) questions:

1. Do you think that a Garmin map is a derived database or a produced work?

2. Do you think that this is good, or would it be better if it were different?

3. How will we deal with such questions in the future? Is the OSMF board the ultimate arbiter? Can the definition be changed to be clearer?

Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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