Re: [OSM-legal-talk] Contents Licence for OSM Data

2014-11-03 Thread Martin Koppenhoefer
2014-11-02 23:11 GMT+01:00 Alex Barth a...@mapbox.com:

 We have no significant third party ODbL data releases due to OSM share
 alike to show for



Actually the Italian Government has designed their open data license (IODL)
to be compatible with OdbL:
http://www.dati.gov.it/content/italian-open-data-license-domande-e-risposte

(I've heard they did this explicitly because of OSM). If it makes sense for
a PA to use a share-alike license instead of PD is a different kettle of
fish...

cheers,
Martin
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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-03 Thread Martin Koppenhoefer
2014-11-03 0:17 GMT+01:00 Alex Barth a...@mapbox.com:

 2014-10-29 20:56 GMT+01:00 Alex Barth a...@mapbox.com:

 Updated:
 http://wiki.openstreetmap.org/w/index.php?title=Open_Data_License%2FGeocoding_-_Guidelinediff=1102233oldid=1076215


 wouldn't it make more sense to come to a conclusion here before updating
 the wiki?


 Hey Martin - the change you link to was to replace the term 'geocode' with
 the more common 'geocoding result' - do you have a specific concern with it?



my bad, sorry for the confusion, my comment was referring to the following
edit, which was 4 minutes later:
http://wiki.openstreetmap.org/w/index.php?title=Open_Data_License/Geocoding_-_Guidelinediff=nextoldid=1102233

cheers,
Martin
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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-03 Thread Alex Barth
On Mon, Nov 3, 2014 at 6:45 AM, Martin Koppenhoefer dieterdre...@gmail.com
wrote:


 my bad, sorry for the confusion, my comment was referring to the following
 edit, which was 4 minutes later:

 http://wiki.openstreetmap.org/w/index.php?title=Open_Data_License/Geocoding_-_Guidelinediff=nextoldid=1102233


Got it, yes. Databases of items of Produced Work aren't Derivative
Databases per 4.5b.
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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-03 Thread Alex Barth
On Mon, Nov 3, 2014 at 8:56 AM, Martin Koppenhoefer dieterdre...@gmail.com
wrote:

 where in one of the first paragraphs there is this unproven claim:

 

 Geocoding Results are a Produced Work by the definition of the ODbL
 (section 1.):

 “Produced Work” – a work (such as an image, audiovisual material, text, or
 sounds) resulting from using the whole or a Substantial part of the
 Contents (via a search or other query) from this Database, a Derivative
 Database, or this Database as part of a Collective Database.


A geocoding result is created via a search or a query. It's a Produced
Work. A work can specifically be a database, see
http://www.out-law.com/page-5698, Databases are treated as a class of
literary works and may therefore receive copyright protection for the
selection and/or arrangement of the contents under the terms of the
Copyright, Designs and Patents Act 1988. (UK law)

This is clearly a possible reading of the ODbL and it would enable
geocoding.
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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-03 Thread Martin Koppenhoefer
2014-11-03 15:05 GMT+01:00 Alex Barth a...@mapbox.com:

 On Mon, Nov 3, 2014 at 8:56 AM, Martin Koppenhoefer 
 dieterdre...@gmail.com wrote:

 where in one of the first paragraphs there is this unproven claim:

 

 Geocoding Results are a Produced Work by the definition of the ODbL
 (section 1.):

 “Produced Work” – a work (such as an image, audiovisual material, text,
 or sounds) resulting from using the whole or a Substantial part of the
 Contents (via a search or other query) from this Database, a Derivative
 Database, or this Database as part of a Collective Database.


 A geocoding result is created via a search or a query. It's a Produced
 Work. A work can specifically be a database, see
 http://www.out-law.com/page-5698, Databases are treated as a class of
 literary works and may therefore receive copyright protection for the
 selection and/or arrangement of the contents under the terms of the
 Copyright, Designs and Patents Act 1988. (UK law)

 This is clearly a possible reading of the ODbL and it would enable
 geocoding.



Do you really think that a list of addresses can be seen as similar to a
literary work? Will there be any protectworthy selection and/or
arrangement of the contents? This probably has to be found out based on
the individual case and decided by a judge - there will be databases that
qualify as works, but maybe this doesn't exclude them from being a database
the same time in the context of ODbL?

Let's presume we all followed this reading, then when would something
actually fall under the definition of derivative database? Why would we
still be writing to legal talk instead of using the whole OSM db as a
produced work - produced e.g. by performing some operations like wget
planet.osm -O osm-produced.work

cheers,
Martin
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Re: [OSM-legal-talk] Updated geocoding community guideline proposal

2014-11-03 Thread Alex Barth
On Mon, Nov 3, 2014 at 9:23 AM, Martin Koppenhoefer dieterdre...@gmail.com
wrote:

 Let's presume we all followed this reading, then when would something
 actually fall under the definition of derivative database? Why would we
 still be writing to legal talk instead of using the whole OSM db as a
 produced work - produced e.g. by performing some operations like wget
 planet.osm -O osm-produced.work


The command you describe would just be a copy and not actually a query or a
search of the database. But extrapolating from what you write, copying the
entire db through a geocoder is actually hard. You'll have to know all
addresses in advance or query all locations in the world. The latter is
expensive and it would always leave you with an inaccurate copy. Either
way, if you did this in a systematic way you'd be looking at a Derivative
Database again. Just like the example of OCRing an OSM based tiled map and
thus rebuilding the OSM database that has come up before.
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