The grey area (particularly since you are doing this at the end of the
processing chain)  is really if the end result is a produced work or not
(the third kind of derivative you can have in the ODBL), because if it
is, then 4.5 b. kicks in

/b. Using this Database, a Derivative Database, or this Database as//
//part of a Collective Database to create a Produced Work does not//
//create a Derivative Database for purposes of Section 4.4; and/

now if the result was just a map rendering we wouldn't be having this
discussion, even though it could be argued that a bitmap is a database
of pixel colour values. Angels on a pin head anyone?

I would, as a tendency, in this case lean in the direction that the
output is such a produced work (that certain parts of OSM could be
recreated from the output is no different than any other rendering of
OSM data). If we assume that as true, your obligations would be to
provide attribution and, on demand, provide the water polygons that you
used for the masking.

Simon
//



Am 07.06.2018 um 19:09 schrieb Andrew Pon:
> Thanks to everybody for helping me with clarifying the license. 
>
> To answer some of the questions that came up, we would be masking
> water bodies at the end of our processing chain, once we had already
> derived rates for all of the pixels. There are also a few other
> masking steps that would be run around the same time (typically based
> on some signal to noise property), such that a customer wouldn't be
> able to tell if a pixel was masked out because it was a water body or
> if it was masked for some other reason. As such, from the previous
> discussion, I take it that this means that we don't have to freely
> distribute our product?
>
> If we use the OSM data for water masking, we would definitely make
> sure to include a written notice in all of our reports clearly stating
> that we have used the OSM data for water masking and that the OSM data
> is available under the Open Database License. 
>
> Sincerely,
> Andy
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk@openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk

Attachment: signature.asc
Description: OpenPGP digital signature

_______________________________________________
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Reply via email to