[OSM-legal-talk] Circumnavigating Share-Alike through software / now and future

[Frederik Ramm]

Hi,

Rob Myers wrote:
>> If you instead give the customer a heavily DRMed and encrypted version
>> of your data, together with some decryption/processing software and with
>> an OSM data file, and make it so that the PDF is generated on the
>> customer's computer, then you have moved the creation of the derived
>> work one step down the chain; you can now license your software and data
>> any way you like, and you can also deny your customer the right to
>> distribute the derived work that he inevitably creates when running the
>> software.
> 
> The PDF is a derivative/adaptation of the BY-SA OSM data.

Yes.

> It is therefore covered by BY-SA.

No.

Read section 4.b of the license ("You may distribute, publicly display, 
publicly perform, or publicly digitally perform a Derivative Work only 
under the terms of this License...") - the PDF is only covered by BY-SA 
if it is distributed, publicy displayed, publicy performed, or publicly 
digitally performed, none of which is the case here.

> BY-SA 2.0 section 3.d allows you "to distribute copies or phonorecords
> of, display publicly, perform publicly, and perform publicly by means
> of a digital audio transmission Derivative Works"
> 
> http://creativecommons.org/licenses/by-sa/2.0/legalcode
> 
> So a derivative work that does not allow this cannot be made, no
> matter who makes it or where.

No.

I have personally made works that were derived from OSM and from Google 
at the same time (printed a layered poster that compares the data and 
hung it on a wall). It is not true that such a work "cannot be made", 
and neither CC-BY-SA nor Google's license terms prohibit making them, as 
long as it is for my own pleasure and not for distribution (or public 
performance etc.etc.)

It is only when it comes to distribution that the respective licenses 
collide (Google doesn't allow distribution at all, while OSM requires 
distributed work to be CC-BY-SA).

My example above did *not* contain distribution of any OSM-derived work. 
The items that were distributed were (a) proprietary software, (b) 
proprietary data, and (c) unaltered OSM data. The derived work was then 
created on the end-user's hard disk, for his own, immediate, local use, 
much as I have privately created derived works from OSM and Google.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"