----- Original Message ----- From: "ThomasB" <[email protected]>
To: <[email protected]>
Sent: Wednesday, June 22, 2011 3:03 PM
Subject: Re: [OSM-legal-talk] Exception in Open Data License/Community Guidelines for temporary file




David Groom wrote:

As far as I can see, ignoring your specific example, and genearlising, the
"unwanted implication" of your clarification above would be that as long
as
someone deleted the derivate database they had created they could then
claim
it was "temporary" and therefore sidestep the requirements of the ODbL to
distribute it.  To avoid this you would thenhave to start defining
"temporary" etc.


Thanks David. Good point. I think the intention is to avoid that someone mix
OSM with proprietary data and makes a produced work out of it without
sharing the proprietary data.
So let me rephrase it and restrict a bit more

/"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 sources that are
a) free and open licensed /(hope there is a definition for that anywhere)/
and
 b) publicly available
iii) do not contain any proprietary data
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"
/


I think that the above wording has the same implications as the points I have summarised on my latest post to this list with the subject line "When goes a 'community guideline' change rather than explain a licence".

Incidentally my post was not written in response to your earlier post, it was a query I already had, but it may indicate the timeliness of my post.

David


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