Re: [OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-19 Thread Lars-Daniel Weber via legal-talk
Dear Kathleen,

thanks for your response.

> Even assuming the polygons are from a Derivative Database, I don't see a 
> reason for the data to be released under
> https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Trivial_Transformations_-_Guideline

The process doesn't seem to be trivial, since the edges of many polygons go 
across areas, where no OSM elements could have been used as a reference. So OSM 
dataset has either been changed or augmented using 3rd party reference 
(knowledge, imagery, data etc.) to create the product. Those changes are 
share-alike by ODbL.

The Derivative Database cleary has to be under OdbL. While the creation method 
might be trivial, the amount of data used for the creation is neither trivial 
in terms of investment or nor quantity: They've used millions of OSM nodes 
(ways, areas etc.) in Germany to create it.

> Why would the polygons, which appear to be simply algorithmically combined 
> OSM data, be of interest?

I don't think the ODbL cares what's in interest of OSM (the "O" in ODbL is not 
"OSM"). This is just an additional "wish" by the OSM community. Also, the 
addition polgons, which I have mentioned, might be in interesting of OSM, since 
they might show a change in landuse, which isn't part of OSM now.

Sincerely,
Lars-Daniel


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[OSM-legal-talk] OdbL: Section 4.6, Does data/methods have to be released on public Produced Work?

2020-10-16 Thread Lars-Daniel Weber via legal-talk
Hi there,

https://www.wohnlagenkarte.de/ displays location quality of residential areas. 
Those residential areas haven been produced using OSM data; the polygon area 
results from at least three surrounding paths and streets.

Since the polygons are derived from OSM data and released in public, I've asked 
the owner to release the database OR the method to create the database 
according to ODbL v1.0, section 4.6 - of course without the values of location 
quality. He denied. He doesn't see a reason to release the data, which the 
Produced Work is based on.

In my opinion, they've created a Derivative Database using their polygons and 
they're publishing a Produced Work (the tiles) in public. So section 4.6 
applies here - doesn't it?

Sincerely,
Lars-Daniel


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Re: [OSM-legal-talk] map drawn based on OSM tiles

2019-10-07 Thread Lars-Daniel Weber via legal-talk
From: "Kathleen Lu via legal-talk" 
> So if what is extracted is solely what was in the database, then the 
> extraction is not
> material that the tile license covered (the tile license cannot actually
> change the license of the data, which is ODbL, as that would be
> impermissible under ODbL). 

Yeah, that's why I assumed, too.

> Thus, assuming the shapefiles are essentially the equivalent of
> simplified OSM border shapefiles, the shapefiles are covered by ODbL.

Actually, it's like 40% OSM borders (hard borders, like roads, rivers, 
topography and administrative stuff) and 60% own borders, which don't appear in 
OSM. BUt those borders wouldn't make OSM any better, since they're specific for 
the current task.

> Now, it sounds like you're not tracing very much, so it's possible that
> you have traced fewer than 100 features in which case your tracing is
> insubstantial
> https://wiki.osmfoundation.org/wiki/Licence/Community_Guidelines/Substantial_-_Guideline

Actually, I've traced more than 100 features, but the "extraction is 
non-systematic and clearly based on your own qualitative criteria" - okay, not 
on my one, but on the one who draw the overlay with the pen.

But what does this result in? Sorry for asking... it's a real life problem, not 
a constructed one.

And please remember the other question I've asked. I haven't found an answer on 
the web or the OSM boards.

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