On 01/11/12 04:20, James Livingston wrote:
On 30 October 2012 20:46, Frederik Ramm <[email protected] <mailto:[email protected]>> wrote:On 10/30/12 08:19, Igor Brejc wrote: Some then say that these in-memory data structures are also Derivative Databases. In what form can you then offer such a Database to someone that requests it? I don't think there's a way how one could require the making available of such a transient structure without making OSM data processing totally impractical.I'm pretty sure I was the one who mentioned that issue last time the question came up, or at least one of the few who did. The main issue is that there isn't really a clear line between a permanent database and a transient structure. Consider some scenarios:
The license says you must either give people the derivative database, or the method of making it. If you can't give away the derivative database (because it was transient), then you must surely give the method (source code).
[snip]
Also important is that as someone who receives a copy of the Produced Work, you can't tell how it's produced. What is to stop someone doing (1) and then when you ask for the database just saying "it was all done in-memory, there's no database"?
The risks if they were found out, perhaps? (Bad PR, losing their job, going to jail for fraud etc.)
Turning it the another way, say you had OSM data and another database, which you had separately rendered to images. I'm pretty sure that you could then overlay one image on another and serve the combined one to people (provided you satisfy the attribution requirements for the OSM data). If on the other hand you combined the two databases and then rendered the images, you would have a Derived Database you need to release.
That depends on the way you did the combination. If the second data set remained independent of the OSM data then you would have a Collective, not Derivative Database.
How is anyone else supposed to tell the difference? If they ask you to release the combined database and you replied "They were rendered separately and then combined, I don't have to release it", is there anything to do?
That's a question of license enforcement, isn't it? I don't have an answer, but in the case where people are going to break the license and lie about doing so, it probably doesn't matter what the license says.
J. -- Dr Jonathan Harley : Managing Director : SpiffyMap Ltd [email protected] Phone: 0845 313 8457 www.spiffymap.com The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
