Re: [OSM-legal-talk] Regarding community guidelines for map layers

2014-11-07 Thread Michal Palenik
On Thu, Nov 06, 2014 at 08:23:20AM -0800, Matt Morrow wrote:
  there seems to be a contradiction:
  if your renderer/preprocessing alters one DB based on another (eg
  removing elements from one, based on elements of the other one),
  derivative DB kicks in. whether the DB are connected at preprocessing
  stage or merely in cache of renderer does not matter. they are not
  independent.
 
  a complete different situation would be, if renderer just draws icons on
  top of each other (eg using the second stage to draw bigger icons, which
  will probably overwrite first stage icons). then the DB are independent.
 
 That is in contradiction to the Open Data License/Use Cases page.
 
 Can one freely arrange data within a Collective Database as appropriate
 for the application
 
 When a programmer is working with OSM and data from other sources and
 thereby creates a Collective Database they will want to be free to arrange
 the combined data in the most appropriate form for their purpose. We
 believe that this should be allowed so long as merged database itself is
 not being published.
 
 (answer) The non-OSM parts of a collective database do not need to be
 published.

this refers to the fact, that how databases are stored on disk does not
determine whether it is collective or derivative. saying if it's
a collective DB, you can store both parts in one SQL database. it does
not matter. 

it does not say anything about whether a produced work is based on
collective or derivative DB.

 
 http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Can_one_freely_arrange_data_within_a_Collective_Database_as_appropriate_for_the_application
 
 Matt

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Re: [OSM-legal-talk] Regarding community guidelines for map layers

2014-11-07 Thread Richard Fairhurst
Matt Morrow wrote:
 That is in contradiction to the Open Data License/Use Cases page.

Please don't use that page. As per the preamble:

This wiki page was used for discussion and development of the move to the
Open Database License. It is not legal advice, and is likely to be
inaccurate or incomplete. Please do not use this page as a reference for
what you can or can't do.

Richard





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Re: [OSM-legal-talk] Regarding community guidelines for map layers

2014-11-06 Thread Matt Morrow
 there seems to be a contradiction:
 if your renderer/preprocessing alters one DB based on another (eg
 removing elements from one, based on elements of the other one),
 derivative DB kicks in. whether the DB are connected at preprocessing
 stage or merely in cache of renderer does not matter. they are not
 independent.

 a complete different situation would be, if renderer just draws icons on
 top of each other (eg using the second stage to draw bigger icons, which
 will probably overwrite first stage icons). then the DB are independent.

That is in contradiction to the Open Data License/Use Cases page.

Can one freely arrange data within a Collective Database as appropriate
for the application

When a programmer is working with OSM and data from other sources and
thereby creates a Collective Database they will want to be free to arrange
the combined data in the most appropriate form for their purpose. We
believe that this should be allowed so long as merged database itself is
not being published.

(answer) The non-OSM parts of a collective database do not need to be
published.

http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Can_one_freely_arrange_data_within_a_Collective_Database_as_appropriate_for_the_application

Matt
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Re: [OSM-legal-talk] Regarding community guidelines for map layers

2014-11-05 Thread Michal Palenik
hi,
On Tue, Nov 04, 2014 at 07:46:26PM +0100, Frederik Ramm wrote:
 Hi,
 
 On 11/04/2014 04:47 PM, Preet wrote:
  I don't understand how this falls under the share alike terms of the
  odbl. If I have two separate databases with restaurant feature data (say
  the first is from OSM, and the second is under a non-obdl compatible
  license), and I combine the two to display restaurants in an
  application, why would that require me to share the second database?
 
 But it would also in all likelihood lead to duplicate entries where your
 second database and OSM both have a certain feature.
 
 If this is not a problem for you, or if for example your renderer simply
 doesn't draw a second restaurant icon when one is already there, then
 good for you. You're simply drawing two completely independent databases
 on top of each other. You don't need to share your second database.

there seems to be a contradiction:
if your renderer/preprocessing alters one DB based on another (eg
removing elements from one, based on elements of the other one),
derivative DB kicks in. whether the DB are connected at preprocessing
stage or merely in cache of renderer does not matter. they are not
independent.

a complete different situation would be, if renderer just draws icons on
top of each other (eg using the second stage to draw bigger icons, which
will probably overwrite first stage icons). then the DB are independent.

 
 If, however, you make a *selection* from your second database, taking
 only those items that are not already in OSM, then that selection (not
 the whole second database) becomes a work derived from OSM - because OSM
 was used as a mask to produce it.

which I agree with

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michal palenik
www.freemap.sk
www.oma.sk


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[OSM-legal-talk] Regarding community guidelines for map layers

2014-11-04 Thread Preet
Hi,

The community guidelines for map layers [1] states:

If there are restaurants in the OpenStreetMap layer and you add additional
restaurants in another layer, but you include only those restaurants not
present in the OpenStreetMap layer so that the restaurant layers will
complement each other, then the layers for this feature are interacting and
the restaurants added in your non-OpenStreetMap layer must be shared

I don't understand how this falls under the share alike terms of the odbl.
If I have two separate databases with restaurant feature data (say the
first is from OSM, and the second is under a non-obdl compatible license),
and I combine the two to display restaurants in an application, why would
that require me to share the second database?

Aren't two separate databases an example of collective databases?

Is the argument that selectively deciding what to show in a produced work
from a 'closed' database by comparing against an odbl licensed database
somehow imposes that the closed database must also be odbl? Or maybe that
if the type of data in two separate databases is 'close enough', they
constitute a single database?


Preet


[1] -
http://www.osmfoundation.org/wiki/License/Community_Guidelines/Horizontal_Map_Layers_-_Guideline
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Re: [OSM-legal-talk] Regarding community guidelines for map layers

2014-11-04 Thread Frederik Ramm
Hi,

On 11/04/2014 04:47 PM, Preet wrote:
 I don't understand how this falls under the share alike terms of the
 odbl. If I have two separate databases with restaurant feature data (say
 the first is from OSM, and the second is under a non-obdl compatible
 license), and I combine the two to display restaurants in an
 application, why would that require me to share the second database?

It doesn't require you to share the second database.

But it would also in all likelihood lead to duplicate entries where your
second database and OSM both have a certain feature.

If this is not a problem for you, or if for example your renderer simply
doesn't draw a second restaurant icon when one is already there, then
good for you. You're simply drawing two completely independent databases
on top of each other. You don't need to share your second database.

If, however, you make a *selection* from your second database, taking
only those items that are not already in OSM, then that selection (not
the whole second database) becomes a work derived from OSM - because OSM
was used as a mask to produce it.

 Is the argument that selectively deciding what to show in a produced
 work from a 'closed' database by comparing against an odbl licensed
 database somehow imposes that the closed database must also be odbl?

Not the closed database, only the selection made from the closed
database with the help of ODbL-licensed data.

Bye
Frederik

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