Re: [OSM-legal-talk] produced work vs. derivative db

2013-07-15 Thread Michal Palenik
On Thu, Mar 07, 2013 at 03:22:56PM +0100, Tadeusz Knapik wrote:
 Hello,
 
  generally the answer to question is it produced work or derivative
  database? is doesn't really matter, even if it were produced work, you
  are obliged to published the underlaying derivative database
 
  however, on several pages under the use cases wiki page, eg
  http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Using_OSM_data_for_the_production_of_a_hand-made_map
  still set a hard line between produced work and derivative database.
 Because, simply speaking, the difference is huge, just like between
 Public Domain (for PW, as long as you contribute OSM) and ODbL (for
 the derivative database, if there is any).
 Bear in mind there's a possibility that there's no underlaying
 derivative database, but PW is made directly from OSM data. 

during the process, there is always a derivative DB, be in only in RAM
or any other form. it does not matter if the process is done in one or
thow shell scripts.

 And other
 PW is based on the first PW...
 I feel the ODbL/PW licence thing is more a dogma than a law, but still
 it should be a well defined dogma :)
 Sincerely,
 
 Tadeusz
 
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Re: [OSM-legal-talk] produced work vs. derivative db

2013-03-07 Thread Michal Palenik
I've tried to put extra information on several wiki pages:
http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline
http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#When_is_something_a_Derivative_Database_when_is_it_a_Produced_Work_and_can_it_be_both

(please check the wording)

generally the answer to question is it produced work or derivative
database? is doesn't really matter, even if it were produced work, you
are obliged to published the underlaying derivative database

however, on several pages under the use cases wiki page, eg
http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Using_OSM_data_for_the_production_of_a_hand-made_map
still set a hard line between produced work and derivative database.

michal


On Mon, Mar 04, 2013 at 08:15:57PM +0100, Michal Palenik wrote:
 may i add a question into faq/use cases:
 
 Q: I want to publish a slippy map/printed map based on OSM data. 
 Is it a produced work or derivated database?
 
 A: The slippy map itself is a produced work, however the database you
 used has to meet the same requirements as published derived database or a 
 collective
 database. In other words, publishing this produced work implies
 that you have the same obligations as when publishing the database
 itself.
 
 or a better wording. which would clarify the odbl-ty of the data.
 
 On Mon, Mar 04, 2013 at 05:15:04PM +, Jonathan Harley wrote:
  On 04/03/13 16:53, Michal Palenik wrote:
  after reading all the documents/wiki/mailinglist I am still confused:
  
  what forces producers to publish a derivative database and not just
  produced work?
  
  Clause 4.6 of the ODbL, which says if you publish a produced work
  you must make the database it was produced from available.
  
  usecase:
  a user takes a substantial part of osm db, hand modifies it (eg changes
  name of a street to correct one, make a new hiking route ...) and then
  publishes it as an online tilemap/printed map. claiming it to be a produced
  work under a commercial licence.
  
  is it a produced work?
  
  The online tilemap and printed map are a produced work.
  
  is it also a derivative database?
  (if so, which odbl clause kicks in to state this?)
  
  
  The database is a derivative database as defined in the definitions section.
  
  Correcting names and adding hiking routes which connect with OSM's
  data is exactly the sort of data the share-alike clause is intended
  to capture.
  
  thanks
  
  michal
  
  HTH!
  
  Jonathan.
  
  -- 
  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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 -- 
 michal palenik
 www.freemap.sk
 www.oma.sk
 http://wiki.freemap.sk
 
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[OSM-legal-talk] produced work vs. derivative db

2013-03-04 Thread Michal Palenik
after reading all the documents/wiki/mailinglist I am still confused:

what forces producers to publish a derivative database and not just
produced work?

usecase:
a user takes a substantial part of osm db, hand modifies it (eg changes
name of a street to correct one, make a new hiking route ...) and then
publishes it as an online tilemap/printed map. claiming it to be a produced
work under a commercial licence.

is it a produced work? 

is it also a derivative database? 
(if so, which odbl clause kicks in to state this?)


thanks

michal
-- 
michal palenik
www.freemap.sk
www.oma.sk
http://wiki.freemap.sk

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Re: [OSM-legal-talk] produced work vs. derivative db

2013-03-04 Thread Jonathan Harley

On 04/03/13 16:53, Michal Palenik wrote:

after reading all the documents/wiki/mailinglist I am still confused:

what forces producers to publish a derivative database and not just
produced work?


Clause 4.6 of the ODbL, which says if you publish a produced work you 
must make the database it was produced from available.



usecase:
a user takes a substantial part of osm db, hand modifies it (eg changes
name of a street to correct one, make a new hiking route ...) and then
publishes it as an online tilemap/printed map. claiming it to be a produced
work under a commercial licence.

is it a produced work?


The online tilemap and printed map are a produced work.


is it also a derivative database?
(if so, which odbl clause kicks in to state this?)



The database is a derivative database as defined in the definitions section.

Correcting names and adding hiking routes which connect with OSM's data 
is exactly the sort of data the share-alike clause is intended to capture.



thanks

michal


HTH!

Jonathan.

--
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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Re: [OSM-legal-talk] produced work vs. derivative db

2013-03-04 Thread Michal Palenik
may i add a question into faq/use cases:

Q: I want to publish a slippy map/printed map based on OSM data. 
Is it a produced work or derivated database?

A: The slippy map itself is a produced work, however the database you
used has to meet the same requirements as published derived database or a 
collective
database. In other words, publishing this produced work implies
that you have the same obligations as when publishing the database
itself.

or a better wording. which would clarify the odbl-ty of the data.

On Mon, Mar 04, 2013 at 05:15:04PM +, Jonathan Harley wrote:
 On 04/03/13 16:53, Michal Palenik wrote:
 after reading all the documents/wiki/mailinglist I am still confused:
 
 what forces producers to publish a derivative database and not just
 produced work?
 
 Clause 4.6 of the ODbL, which says if you publish a produced work
 you must make the database it was produced from available.
 
 usecase:
 a user takes a substantial part of osm db, hand modifies it (eg changes
 name of a street to correct one, make a new hiking route ...) and then
 publishes it as an online tilemap/printed map. claiming it to be a produced
 work under a commercial licence.
 
 is it a produced work?
 
 The online tilemap and printed map are a produced work.
 
 is it also a derivative database?
 (if so, which odbl clause kicks in to state this?)
 
 
 The database is a derivative database as defined in the definitions section.
 
 Correcting names and adding hiking routes which connect with OSM's
 data is exactly the sort of data the share-alike clause is intended
 to capture.
 
 thanks
 
 michal
 
 HTH!
 
 Jonathan.
 
 -- 
 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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