On 29/06/11 11:02, James Livingston wrote:
To your point, what happens when someone loads a .osm file into JOSM? First, 
I'd claim that a .osm file is a database. Obviously not a relational database 
that gets handled by SQL-using software, but still a database. I'd also claim 
that the in-memory data structures of JOSM form a database too.

The ODbL saud "Database - A collection of material (the Contents) arranged in a 
systematic or methodical way and individually accessible by electronic or other means 
offered under the terms of this License". I think the data structures JOSM uses to 
view and edit certainly qualifies.

I agree - I would say any data structures would qualify. No program can do anything useful without data arranged in a systematic or methodical way. A hash table or linked list are just as systematic as relational tables. As you say, ODbL (and the EU database directive) uses the term much more widely than to mean things you can query with some dialect of SQL.

On 29/06/2011, at 4:25 PM, Frederik Ramm wrote:
If I use software that builds an in-memory data structure which you believe to 
be a database in order to make a produced work, how would you suggest that I 
fulfil my obligation to make such derived database available on request?


In ODbL you have an obligation to EITHER make the database available, OR the "method" used to make it - so you could make your software's source code available on request, if it's yours to do that with - or if it's open source. That lets JOSM, Mapnik etc off the hook from having to distribute copies of their internal derived databases.

If it's someone else's proprietary software (as ThomasB suggested), then you probably can't publish either the source code or the database. So one interpretation would be that, in that case you simply can't use data from OSM with that software. (Assuming that the results of the software are substantially from OSM and that you want to share them.)

However, since ODbL fails to define what it means by "method", you might take a broader interpretation and tell the requester "my method was to use software X". I don't know if this would stand up in court, but then again, I very much doubt that demands for a derived database which has been deleted would either.


Jonathan

--
Jonathan Harley    :     Managing Director     :     SpiffyMap Ltd

Email: [email protected]   Phone: 0845 313 8457   www.spiffymap.com
Post: The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ


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