Dear Legal-list, My question applies to all kind of software that process OSM data but I am using Garmin maps as a popular example.
Generating Garmin maps with contours is pretty easy and sometimes completely GUI driven. You select an OSM file, click a button and get a Garmin map. I have distributed such maps sometimes (for free) to some interested people who asked me. In the background it downloads SRTM data from cgiar.org (Consultative Group on International Agricultural Research) and seeds that data into the OSM data. I think technically they are added as normal osm-ways with specials tags for the renderer. The cgiar data is non-commercial only (cc-by-sa-nc) licensed. The final Garmin map is rendered from a temporary file that contains both datasets and would constitute a Derivative Database. My point is that a user of software, and this is not limited to Garmin map software, may not know what a software does in the background i.e. if it is creating a (temporary) Derivative Database, a Collective Database or whatever. It is unrealistic that a user of software browses through the directories and check the content of the files there, particularly if the file exist only a short time during the process. So applying the ODbL rules to software generated temporary files would lead me to the conclusion that the solution is "don't ask, don't mind". Although I personally could live with that I am not sure if it wouldn't be better to sort it out. The Trivial Transformations Guideline or Community Guidelines could be a good place to make it easier. I am neither a license expert nor a lawyer. From a practical point of view I would wish a clarification like: /"Temporary software generated files used for the generation of a Produced Work or a Derivative Database that i) contain data from OSM, ii) may contain data from other (licensed) sources, iii) are only created and used for the purpose of the generation of one Produced Work or one Derivative Database, iv) will not be used for any purpose thereafter, v) will not be distributed or made publicly available do not constitute a derivative database, collective database or produced work"/ But I am not sure about any other (unwanted) implication it may have. Kind regards Thomas -- View this message in context: http://gis.638310.n2.nabble.com/Exception-in-Open-Data-License-Community-Guidelines-for-temporary-file-tp6504201p6504201.html Sent from the Legal Talk mailing list archive at Nabble.com. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
