[odc-discuss] ODbL: Does publishing Produced Work from Derivative Database trigger Derivative Database ShareAlike?

Jordan S Hatcher jordan at opencontentlawyer.com
Wed Mar 4 06:11:02 UTC 2009


Hi Richard W,

On 3 Mar 2009, at 16:09, Richard Weait wrote:

> Hi all,
>
> Please forgive my quote clipping.  I'm looking for an answer that I  
> did
> not find.  My summary below.
>
> Jordan Hatcher wrote:
>> Richard Fairhurst wrote:
>>> Rufus Pollock wrote:
>>>> Frederik Ramm Wrote:
>>>>> I have always assumed that the idea behind the ODbL "Produced  
>>>>> Work" was:
>>>>> If you take an ODbL-licensed database, add some data to it, and  
>>>>> then
>>>>> make a "Produced Work" and publish that, then the share-alike  
>>>>> clause
>>>>> applies to the derived database that you have created in the  
>>>>> process
>>>>> (even if it was just a by-product that you did not originally  
>>>>> want to
>>>>> publish).
>>>>>
>>>>> Is that a correct interpretation?
>>>>>
>>>>> If so, I am currently struggling to find the right "thread"  
>>>>> through the
>>>>> license that describes the above.
>>>>
>>>> I don't think so.  (Warning: I'm not a drafter of the license or a
>>>> legal expert so I may be getting some of this wrong but ...).
>>>
>>> I agree (FWIW) that the licence does say that, but I'm rather
>>> surprised that it does. It looks almost like an error that has  
>>> cropped
>>> up in the latest revision.
>>
>> The change from "Use" to "Convey" was relatively recent -- within the
>> past few weeks -- and is something that went back to the pro bono
>> lawyer for OSM.
>
> Frederik: Does publishing Produced Work from Derivative Database  
> trigger
> Derivative Database ShareAlike?
>
> Rufus: Not as I read it.
>
> Richard F.: I thought that publishing Produced Work from Derivative
> Database was supposed to trigger Derivative Database ShareAlike?
>
> Jordan: I changed from "Use" to "Convey".
>
> Richard W. (now):  Does publishing Produced Work from Derivative
> Database trigger Derivative Database ShareAlike?

I've just sent through an email explaining my approach to answering  
these questions.  In an effort to test out the licence and improve it,  
I'm going to turn this around and ask you (Richard W), what do you  
think? Where would you draw the arguments for applying the ShareAlike  
clause to a Produced Work from a Derivative Database?

Thanks

~Jordan


>
> Best regards,
> Richard
>
>
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