22 Matching Annotations
  1. Oct 2018
    1. This License does not apply to computer programs used in the making or operation of the Database;

      You don't have to open source or share the code you use when working with this data

    2. in terms of quantity or quality

      Substantial quality has a reasonable interpretation, but its not clear what "substantial in quality" might mean

    3. Substantial

      The word Substantial is significant through this licence. You'll notice that its used in multiple definitions. E.g.:

      • Extraction refers to Substantial parts of the dataset
      • a Produced Work is the result of the whole, or a Substantial part of the dataset
      • Re-utilisation application to using or or a Substantial part of the dataset

      So some uses of the data only trigger clauses of this licence if there is Substantial use of the dataset. However if you make lots of small uses, e.g. repeated queries or extraction, then these are considered to add up to a Substantial use.

      In short, Substantial means accessing a large quantity of the data either in a single operation, or through a number of smaller operations.

      Unfortunately there's no real definition of Substantial in terms of how much of the dataset you might be using. E.g. a percentage of its contents. This would be tricky to define in general, but does mean there is some ambiguity around interpretation: at what point to I step from using small amounts of data to using a Substantial portion? When multiple operations can stack up to a "substantial" use, then this gets even trickier.

    4. Fair dealing, Database exceptions, and other rights not affected

      This section clarifies that there are some legal rights that you may have, e.g. right to use information for research purposes that are outside the scope of this licence. This section also explicitly makes clear that "insubstantial" uses of the data aren't covered by the licence.

    5. Access to Derivative Databases

      This clause spells out what Share Alike means. Basically either provide the derived database directly, or the means for someone to recreate your version of the data.

    6. Using this Database, a Derivative Database, or this Database as part of a Collective Database to create a Produced Work does not create a Derivative Database for purposes of Section 4.4; and c. Use of a Derivative Database internally within an organisation is not to the public and therefore does not fall under the requirements of Section 4.4.

      If you create something using a derived database, and you only use that within your organisation, then you don't have to share your derived database.

    7. For the avoidance of doubt, You are not required to license Collective Databases under this License if You incorporate this Database or a Derivative Database in the collection

      This makes it explicit that if your use of data under the ODbL is deemed to involve the creation of a Collective Database then the Share Alike provision doesn't apply. Although you will still have to provide notices to attribute your source

    8. A Derivative Database is Publicly Used and so must comply with Section 4.4. if a Produced Work created from the Derivative Database is Publicly Used

      If you publish a work that is based on a derived database, then you need to also share the derived database.

    9. A compatible license.

      No compatible licenses have been declared by Open Data Commons.

      The later clause, 4.4e states that Licensors can authorise someone to determine if another licence is compatible. Although its not clear that anyone has done this.

    10. The right to release the Database under different terms, or to stop distributing or making available the Database, is reserved

      As the publisher of the data (the Licensor) you can choose to publish your data under alternative arrangements. ODbL chooses to make it explicit that this right is reserved, although technically this is unnecessary as the final clause here makes it clear that all other rights are reserved

    11. These rights explicitly include commercial use, and do not exclude any field of endeavour.

      This gives explicit permission that you can use ODbL licensed data in commercial applications.

    12. An agreement in contract between You and the Licensor.

      This is an important distinction between the ODbL and, say, the Creative Commons licences which rely on copyright law.

    13. Derivative Database

      This is the second key concept required to help interpret the ODbL. The first being "Collective Database".

      Again, the definition identifies a set of operations might might result in a derived database, but there's still some ambiguity. This result in frequent questions to the OSM community.

    14. Convey

      When you "convey" a database according to this licence, you'll need to do certain things, e.g. attribute. This definition is attempting to clarify what "convey" means.

    15. Collective Database

      This is the first concept that is key to understanding how to comply with the ODbL. Unfortunately a "collection of independent databases" can be interpreted in several different ways.

      For example: a set of separate data files or database exports that are packaged together, e.g. in a zip file, meets this definition. We might collect works together like this to help to distribute data.

      The text also notes that the database is in "unmodified form" but doesn't elaborate on what that means. It seems reasonable to assume that creating a subset of a database, e.g. as the result of querying the data, is not modification. But changing or correcting values is modification.

      The OpenStreetMap community have a whole wiki page that elaborates on what a "Collective Database" means for their data.

      The examples on that page indicate that, for the OSM community at least, a Collective Database also includes a dataset that merges OSM data with other data, so long as the new data either completely replaces any similar data available in OSM. Or is an entirely new set of fields. In this case, you don't have to publish your data under a share-a-like licence.

      This example might not what people expect from a share-a-like licence when applying it to their data, or when looking to use a dataset like OSM. They may actually have more freedom than they expect.

      Some people might consider this to be a Derived Database (see below). If you're apply the ODbL to your data, you should probably clarify your expectations.

    16. Licensors should describe what rights govern what contents together in the individual record or in some other way that clarifies what rights apply

      Basically if you have multiple licences that apply to the images, text or other media in your dataset then include a column or field in the dataset that indicates which licence should be used. Or, failing that, some way to identify which licence applies to a specific subset of the content.

    17. Databases can contain a wide variety of types of content (images, audiovisual material, and sounds all in the same database, for example), and so the ODbL only governs the rights over the Database, and not the contents of the Database individually

      If your dataset includes text or images along with the data then you need to combine the ODbL with another licence. For example, if you have created a collection of images and annotations to be used as training data for machine-learning applications, then you can apply the ODbL to the annotations. But should also indicate which licence applies to the images. If you instead use a Creative Commons licence then you can apply a single licence to the dataset and the images.

    18. The Open Database License (ODbL) is a license agreement intended to allow users to freely share, modify, and use this Database while maintaining this same freedom for others. Many databases are covered by copyright, and therefore this document licenses these rights. Some jurisdictions, mainly in the European Union, have specific rights that cover databases, and so the ODbL addresses these rights, too. Finally, the ODbL is also an agreement in contract for users of this Database to act in certain ways in return for accessing this Database.

      At the time that the Open Database License was created the Creative Commons licences were only applicable to works that were covered by copyright. As the licence notes, the protections for databases vary across different jurisdictions. A licence designed for databases needs to cover these other types of rights. The ODbL was the first licence to address this. However since then the Creative Commons 4.0 suite of licences have been released. These now address database rights so can be used to openly licence databases.