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" > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk Alex Barth http://twitter.com/lxbarth tel (+1) 202 250 3633 _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk