Re: [OSM-legal-talk] Licenses for Produced Works under ODbL

2012-10-29 Thread Michael Collinson

Hi Igor,

I wonder if this resource helps with your question?

http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline 
(a work in progress)


Mike


On 22/10/2012 18:45, Igor Brejc wrote:

Hi,

Thanks for your clarifications, everybody. I was under the (looks like 
wrong) impression the produced work must also be available under the 
ODbL license.

One issue still bugs me though:

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented data,
then *that* would be the data you have to hand over.


What does pre-processed or augmented data really mean? OSM data has 
to be preprocessed to get to the form suitable for rendering. Some 
examples of preprocessing:


   1. Importing it into PostGIS and flattening the geometries (like
  Mapnik does it).
   2. Generalizations: simplifications of roads, polygons etc. for a
  certain map scale.
   3. Finding suitable label placements.
   4. Extracting topology from the data (like multipolygon processing,
  merging of polygons, road segments etc.).
   5. Running other complex algorithms on the OSM data.

This preprocessing can be done on-the fly or (in case of Mapnik) as 
a separate prerequisite step.


Igor

On Mon, Oct 22, 2012 at 2:06 PM, Frederik Ramm frede...@remote.org 
mailto:frede...@remote.org wrote:


Hi,

On 10/22/12 12:07, Igor Brejc wrote:

 2. I generate a PDF map from that extract using an unpublished,

closed-source software. The map includes the appropriate OSM
attribution text.


 1. Is this possible?


Yes (assuming that the PDF is not a database).

  2. What are my obligations in terms of ODbL license? What (if
anything)

 do I have to provide, publish etc.?

Recipients of the PDF, i.e. anyone who views iStockPhoto, would
have the right to ask you to hand over the database on which the
map is based. You would then have the option of saying it's plain
OSM, simply download it from X, or actually give them the data.

If the closed software you have used did not work on the data
directly, but on some sort of pre-processed or augmented data,
then *that* would be the data you have to hand over.

 3. Would there be a difference if it was PNG/SVG instead of PDF?


I don't think so.

 4. Can the buyer of such a map then password-protect his own
resulting

work (which includes that map)?


Yes. You will have sold him the work under the condition that he
continues to attribute OSM, but other than that he has no
obligations (unless you put some in).

If you sell the work with an OSM attribution but without the
condition to perpetuate that attribution, you may be in breach of
ODbL or you may not; this depends on how you interpret the
suitably calculated to make anyone ... aware clause.

Bye
Frederik

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Re: [OSM-legal-talk] Licenses for Produced Works under ODbL

2012-10-29 Thread Eugene Alvin Villar
Hi Igor,

IANAL, so the following are just my opinions.

On Tue, Oct 30, 2012 at 1:07 AM, Igor Brejc igor.br...@gmail.com wrote:
 They also don't really answer the question what is a Database. Let's take,
 for example, the statement Rendering databases, for example those produced
 by Osm2pgsql, are clearly databases. First of all, what are rendering
 databases? I don't share the same clearliness of that statement, frankly.

A rendering database is a database that is used to render/draw a map.
Raw OSM data is not often suitable for rendering maps and you need to
preprocess OSM data into an intermediate database like the PostGIS DB
produced by Osm2pgsql.

As for what is a Database. This is a legal term and the most common
definition used is from the European Database Directive since it is in
the EU where we have database rights. Their definition of a database
is a collection of independent works, data or other materials
arranged in a systematic or methodical way and individually accessible
by electronic or other means

 Another issue is machine-readable form of an algorithm. Who says I should
 interpret that as a source code? And if I do, under what license
 can/should/must I release the source code? I'm certainly not going to
 release my work under the Public Domain.

Take note that releasing an algorithm is just an alternate for
releasing the derivative ODbL database. And from the wording of the
ODbL, yes, the algorithm doesn't have to be source code, just
machine-readable which can mean any electronic text like: Use the
program Osm2pgsql with the following settings on the following OSM
extract...

And if you want to release source code, it can be under any license
with a reasonable cost or free if over the Internet. There is no
obligation for the recipient to share with others. You can actually
say, here's the source code, but you are not allowed to share it with
others.

 I think the core issue that needs to be addressed and answered is: is there
 a place for proprietary/closed source software in OSM ecosystem? If we
 follow the strict reading logic of the mentioned guideliness and the one
 expressed in Frederik's answer, I would certainly have to say the answer is
 NO.

There is actually place for closed software in the OSM ecosystem. You
can use a proprietary map rendering software to draw maps made from
OSM data or a derivative database (assuming the software doesn't
itself create derivative databases.) And as I mentioned above, there
is absolutely no requirement to release source code or even algorithms
if you are able to provide the final derivative database used to
create your produced work at a reasonable cost.

Eugene

 On Mon, Oct 29, 2012 at 9:34 AM, Michael Collinson m...@ayeltd.biz wrote:

 Hi Igor,

 I wonder if this resource helps with your question?


 http://wiki.openstreetmap.org/wiki/Open_Data_License/Trivial_Transformations_-_Guideline
 (a work in progress)

 Mike



 On 22/10/2012 18:45, Igor Brejc wrote:

 Hi,

 Thanks for your clarifications, everybody. I was under the (looks like
 wrong) impression the produced work must also be available under the ODbL
 license.
 One issue still bugs me though:

 If the closed software you have used did not work on the data directly,
 but on some sort of pre-processed or augmented data, then *that* would be
 the data you have to hand over.


 What does pre-processed or augmented data really mean? OSM data has to
 be preprocessed to get to the form suitable for rendering. Some examples of
 preprocessing:

 Importing it into PostGIS and flattening the geometries (like Mapnik does
 it).
 Generalizations: simplifications of roads, polygons etc. for a certain map
 scale.
 Finding suitable label placements.
 Extracting topology from the data (like multipolygon processing, merging
 of polygons, road segments etc.).
 Running other complex algorithms on the OSM data.

 This preprocessing can be done on-the fly or (in case of Mapnik) as a
 separate prerequisite step.

 Igor

 On Mon, Oct 22, 2012 at 2:06 PM, Frederik Ramm frede...@remote.org
 wrote:

 Hi,

 On 10/22/12 12:07, Igor Brejc wrote:

  2. I generate a PDF map from that extract using an unpublished,

 closed-source software. The map includes the appropriate OSM
 attribution text.


  1. Is this possible?


 Yes (assuming that the PDF is not a database).

   2. What are my obligations in terms of ODbL license? What (if
  anything)

  do I have to provide, publish etc.?

 Recipients of the PDF, i.e. anyone who views iStockPhoto, would have the
 right to ask you to hand over the database on which the map is based. You
 would then have the option of saying it's plain OSM, simply download it
 from X, or actually give them the data.

 If the closed software you have used did not work on the data directly,
 but on some sort of pre-processed or augmented data, then *that* would be
 the data you have to hand over.

  3. Would there be a difference if it was PNG/SVG instead of PDF?


 I don't