On Oct 23, 2012, at 5:44 AM, Frederik Ramm <frede...@remote.org> wrote:

> Hi,
> 
> On 10/23/12 01:24, Alex Barth wrote:
>> Say we clarified that geocoding a dataset with an OSM powered
>> geocoder (e. g. Nominatim) does not extend the ODbL license to such a
>> dataset. This clarification would not apply to the dataset that
>> actually powered the geo coder. So if I went and gathered improvement
>> suggestions of my users ("move the marker to the right position on
>> the map") and I added them into that OSM dataset that powers the
>> geocoder, this OSM dataset would still constitute a derivative DB.
> 
> That much is clear + agreed, but there will likely be a good business case 
> for gathering improvement suggestions from your users and *not* adding them 
> to the OSM dataset that powers the geocoder.
> 
> As I tried to say with the geocoder.ca example, even without actively 
> involving the user - just recording what they typed - you can collect 
> valuable information and improve your own geocoding database without 
> necessarily adding the results to OSM; your collecting that information, 
> however, can only start once you have a geocoder that basically works, i.e. 
> OSM. So, for your particular use, the OSM geocoding capability is clearly 
> essential - you could not start from nothing.

If I understand this case right, it wouldn't be governed by the ODbL at all 
either way, strict interpretation of substantial or not. If I record my user's 
corrections to my OSM powered geocoder's output and if I never add these 
corrections to my geocoder's OSM database, there wouldn't ever be a derivative 
database, hence the ODbL's share alike clause couldn't even begin to come into 
effect. As long as I don't combine datasets into the same database, I'm fine. 
In fact, there are such geocoders, for instance Carmen doesn't need to mix 
datasets in order to leverage them all for a single query 
https://github.com/mapbox/carmen.

Now, the story is different for the dataset I'm geocoding, of course the result 
of a say, OSM+PD powered geocoder would continue to have the grey area 
questions that I'd love to clear up...

> 
> It is *possible* that something is essential and insubstantial at the same 
> time, but it does sound a bit strange.
> 
> Another question that we could ask to enlighten us is: What do commercial 
> geocoding providers usually allow you to do once you have paid them? When you 
> geocode a dataset with TomTom data and you pay them for that, do TomTom then 
> still claim any rights about your resulting database, or do they say, like 
> you sketched above, that "their license does not extend to the geocoded 
> dataset"?

Interesting question. Not sure what the pricing is, but I'm sure you can get 
commercial datasets for geocoding with no strings attached. Right now you can't 
get a no-strings attached geocoding guarantee with OSM at all and that's what 
I'm worried about.

> 
> I think that nobody in OSM actually expects users to share their customer or 
> patient record just because it has been geocoded with OSM. But there is 
> likely an expectation that any data someone might have that can help to 
> *improve* geocoding should be shared back.
> 
> During the license change discussion, my position was often this: Instead of 
> trying to codify everything in watertight legalese, let's just make the data 
> PD and write a human-readable "moral contract" that lists things we *expect* 
> users to do, but don't *enforce*. - Maybe the same can be done with 
> geocoding; we could agree on making no legal request for opening up any 
> geodata, but at the same time make it very clear that we would consider it 
> shameful for someone to exploit this in order to build any kind of "improved 
> geocoding" without sharing back.

I would welcome such an approach. Not sure about the shaming part, I like 
encouragement better… In my life as an open source contributor I have never 
seen good contributions coming from enforced rules, but from inspired and 
driven community members - individuals, orgs, companies. Share alike has us 
have these mind breaking conversations :)

> 
> (In today's world, a press release that goes "The OSMF foundation regrets to 
> see company X violating OSM's moral code by doing Y" can be more powerful 
> than legal threats anyway.)
> 
>> In my mind there's much to be gained by giving
>> better incentives to contribute to OSM by clarifying the geocoding
>> situation and little to be lost by allowing narrow extracts of OSM.
> 
> The whole share-alike thing is about striking a balance between exposure 
> (surely a public domain release would give us maximum exposure) and incentive 
> to contribute back (the more open your license, the less you force people to 
> contribute back).

Yes, yes, yes. And again, the contributions we're looking for are improvements 
to the data. I truly believe that if we manage to clarify the geocoding 
situation that we'll create a very important incentive for improving the map.

> 
> Addresses seem to be a valuable part of OSM data. Could an extract of 
> potentially millions of addresses really be "narrow"?

At the same time addresses are lagging in comparison to other data. Wouldn't we 
create a strong incentive for adding more addresses by clarifying geocoding?

> 
>> I
>> believe we can do this within the letter of the ODbL and within the
>> spirit of why the ODbL was adopted.
> 
> I think that to preserve the spirit we would have to find a way of saying 
> "you can use our data to geocode your patient database and we don't want any 
> of your patient data in return" while at the same time saying "if you devise 
> anything to improve this geocoding on your side, or have additional data that 
> can help improving the geocoding, then that falls under ODbL". I don't know 
> if this can be done within the wriggle room that ODbL affords us but it is 
> worth a try.

Right, so your OSM-derived database that powers your geocoder is governed by 
ODbL (just like any other derivative db's), but the database you're geocoding 
isn't.  

> 
>> BTW, I don't want to know how many people out there have used
>> Nominatim for geocoding without having any idea...
> 
> Any JSON or XML result from Nominatim contains the explicit "Data (c) 
> OpenStreetMap contributors, ODbL 1.0" and even the URL of the copyright page.

Heh, should have looked better :)

> I'm sure people are using that without having any idea - but that's the same 
> everywhere. I have personally spoken to lots of people who casually said 
> things like "then we ran that through Google's geocoding..."; OSM has even 
> been offered, on several occasions, "donated" POI data where it later turned 
> out that they had not surveyed the POI locations but just ran their addresses 
> by a commercial geocoder and disregarded the license restrictions.
> 
> Bye
> Frederik
> 
> -- 
> Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"
> 
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Alex Barth
http://twitter.com/lxbarth
tel (+1) 202 250 3633





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