On 01/11/12 04:20, James Livingston wrote:
On 30 October 2012 20:46, Frederik Ramm frede...@remote.org
mailto:frede...@remote.org 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
m...@spiffymap.com Phone: 0845 313 8457 www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK
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