[OSM-legal-talk] ODbL RC and share-alike licensing of Produced Works

[Matt Amos]

On Tue, Jun 9, 2009 at 9:07 AM, Frederik Ramm<frederik at remote.org> wrote:
> Matt Amos wrote:
>> my understanding is that, because we have database rights (and
>> possibly other IP rights) in the original database, the re-created
>> database is still (a substantial extract of) an ODbL licensed
>> database.
>
> So you can create a substantial extract of a database without ever
> having had access to the database in any form; in fact, without even
> knowing that it exists?

oh yes indeed. an analogy would be if i were handed a sheet of
handwritten script and i photocopied it - i might be reproducing a
copyrighted poem/short story/haiku without ever knowing that it was
copyrighted.

of course, it would be difficult to sue me, as i was not aware of the
infringement, but it would be easy to prevent me distributing any more
photocopies. and it wouldn't make the photocopies i had already
distributed "free" in any way.

also, because ODbL requires attribution which states that the original
data was ODbL licensed, it would be harder to claim that i didn't know
the database even exists.

cheers,

matt